This section should be read by both Landowners and Growers.
Once you’ve found your Landshare ‘match’, you’ll be keen to get started on your land sharing and get some fresh fruit & veg growing. But before you do, you will need to ensure that you have an agreement in place between you and your ‘match’ so that everyone involved is properly protected and absolutely clear about what the arrangements are.
To help you will this we have prepared some pro forma templates that could be adapted for your use. At first glance they might look complicated, but don't be daunted. They have been written to be as easy to read as possible, keeping the language non-legalistic wherever possible.
Please make sure you read the disclaimer at the top of the pro forma templates, the Landshare Site terms, and Code of Conduct before deciding to use one of them. The templates may or may not be appropriate for your specific use and you don’t necessarily have to use one of ours but, whatever you use, you do need to get independent legal advice to make sure you have the right agreement for you.
Which agreement should you use? It depends where you live and on your specific circumstances
The following pro-forma template agreements (differing slightly in light of the laws that apply in different parts of the UK) are available. If you decide to use the templates, you will need to choose the one that best applies to you (making sure that your independent legal advisor confirms that the selected one is appropriate and has been adapted to your circumstances):
1. England, Wales and Northern Ireland; or
2. Scotland.
Also available is a basic notice of termination which may be appropriate to use depending on the agreement you end up using.
In the templates we have assumed landowners and growers will be sharing the land on a day-to-day basis. If as a landowner you will not be continuing to use the shared land yourself regularly as set out in the templates, the templates will not be appropriate for your situation and could create rights for the grower which you had not expected.
Where possible, we plan to draw your attention to more pro forma template agreement freely available to cater for other situations. Again, you should seek independent legal advice before using any of these.
Ability to share your land
Landowners - have you checked that you’re entitled to enter into an agreement to share your land? You might need to double-check the following:
• Do you own the property? If not you are unlikely to be able to share the property with others. If you are a tenant and are keen to participate in Landshare you will need to discuss this with your landowner as the landowner is likely to be the only one able to agree to sharing of their land;
• Do you have a mortgage? Some, but not all, mortgages will require permission from your mortgage company for you to landshare;
• Does your insurance policy for your property allow you to share your land in this way? Again, some, but not all, insurance companies might need notice of you agreeing to landshare;
• Are there any restrictions applying to your property and/or access to your property that you need to consider (for example covenants and rights of way (burdens or servitudes in Scotland))? If in doubt, check the title to your property.
• Will you be sharing and continuing to use the land as your own on a daily basis? Make sure you are using the appropriate form of agreement for your specific circumstances.
• As a landowner you have a responsibility to third parties on your land to ensure that they are safe. Is your property safe for a grower and their family or friends? Is the water supply and the soil clean and suitable for growing fruit and vegetables? Is there anything you need to make more secure before the grower comes on to the property?