Parish Council Land to Let

The Parish Council holds two pieces of grazing land, which are offered (subject to contract) in one lot or two for eight months from 1st April 2021.

The Rushmire Land extends to c4.64 hectares (c11.47 acres).It lies north-east of the Dowthwaite Head to A5091 road at OS 391242. I have a plan available to see and have arranged for the draft agreement and plan to be put on the Parish Council website.

The Troutbeck Land extends to c4.83 hectares (11.94 acres) and is situate north of the minor road Troutbeck to Walthwaite at OS 389269. Again I have a plan available to see and the draft terms and conditions will be on the Parish Council website to view.

Expressions of interest should be sent to the Clerk (David Brown, Hesleyside, Watermillock, CA11 0JH. david.brownhesley10@btinternet.com) in writing or by email by 5pm on Monday 22nd March and I will prepare the Agreement to be signed and exchanged before 1st April 2021. If possible, the Council would like the payment(s) also to be made in full before 1st April 2021 but if payment needs to be deferred to 1st August 2021 or made by monthly payments in advance, please make that clear in your offer.

Grazing agreement

 

 

The Licensor:

Matterdale Parish Council

and

 

The Licensee:

 

Date:

 

The date is:

 

The Licensor is:

Matterdale Parish Council acting by its Clerk, David L Brown

of:

Hesleyside, Watermillock, Penrith CA11 0JH

The Licensee is:

 

of:

 

The Land is:

Land situated at Troutbeck/Rushmire as shown edged red on the attached plan

Period of Licence:

 Eight months starting from 1st April 2021.

The price of the crop sold is:

[                   ] pounds inclusive of value added tax (if any) for the Period of Licence.

Terms of the Agreement

1.   The sale

  1. This agreement is for sale of a growing crop of grass and a licence for the buyer who is the Licensee, to take the crop through grazing animals on the Land.

  2. The price for the grass is (“Price”).

 

2.   The grant

  1. For the Price, the Licensor now grants to the Licensee the personal right of access to the Land for grazing his own stock, or mowing or for conservation of the pasture and for no other purpose.

  2. This licence runs for eightmonths from 1st April 2021.

  3. This licence does not create a right of exclusive occupation of the Land by the Licensee or any interest in Land.

  4. Neither the grant nor the termination of this licence is a change of occupation for the purpose of any regulations.

 

3.   Payment

[The Licensor now acknowledges receipt of the Price].

 

4.   Interest

If any payment is more than ten days overdue, the Licensor is entitled to interest on the late payment, from the date it was originally due to the date of actual payment at the rate of 1% per month.

 

5.   Use of services

This agreement includes permission for the Licensee to use the water supply (if any) on the Land, subject to payment on demand (whether during or after expiry of this agreement) based on usage by the Licensee.

 

6.   Condition and repair

In relation to the Land the Licensee must:

  1. prevent poaching of the Land.

  2. maintain the state and condition of the Land.

  3. maintain the perimeter walls, fences, gates, locks, structures and other fixtures or installations in the condition in which they now are, at all times.

 

7.   Restrictions on Licensee

In taking the grass crop, the Licensee agrees that he will not:

  1. construct any building or structure on the Land;

  2. deposit or bury any rubbish on the Land;

  3. accumulate or allow to accumulate anything on the Land, the accumulation of which could contravene any law, rule or regulation;

  4. bring onto or allow to remain on the Land any animal infected with a contagious or notifiable disease;

  5. introduce any disease affecting the Land;

  6. bring onto or store on the Land any machine or vehicle;

  7. bring onto or store on the Land any goods whatever except goods connected with the Licensee's removal of the crop of

  8. spray any chemical on the Land without the express written consent of the Licensor;

  9. contaminate or obstruct any waterway running through or adjacent to the Land.

  10. waste water;

  11. obstruct any private or public right of way or any access by any other party to any other land belonging to the Licensor;

  12. cause a nuisance to the Licensor or any other person;

  13. attempt to establish entitlement to single payment nor make any claim for that payment in respect of the Land;

But that he will:

  1. stock the Land with his own horses, cattle (other than any bull) or sheep in such number as is now agreed between the Licensor and the Licensee, and in such number as to prevent poaching or other damage to the sward, considering the type, quality, productivity and drainage of the soil;

  2. manage any stock on the land in accordance with any applicable regulations from time to time in force and prevent them from straying off the land;

  3. (if applicable) comply with any limitations on stocking density, mowing, fertilising, spraying and management imposed by the inclusion of the Land within an Environmental Stewardship Scheme, Environmentally Sensitive Area agreement, a Site of Special Scientific Interest, a Countryside Stewardship Scheme or any similar official scheme;

  4. report any leak of water to the Licensor;

  5. mow the sward no more than once if not grazed to a level satisfactory to the Licensor;

  6. keep the Land clean and free from spear thistle, creeping or field thistle, curled dock, broad leaved dock, ragwort or other growing things from time to time specified by the Licensor acting reasonably;

  7. remove horse droppings (if any) at least every days

  8. remove the carcass immediately if any animal dies on the Land.

 

8.    Licensee's indemnity

The Licensee agrees to indemnify the Licensor against all costs claims and expenses arising from any act or omission of the Licensee in connection with the Licensee's use of the Land whether or not it is in breach of this agreement.

 

9.    Access for Licensor

The Licensor is at his own discretion free to carry out any activities on the Land and in particular he may undertake operations to maintain, and improve the pasture and to repair, maintain, alter and erect any buildings, fences, gates, boundaries and ditches and other fixed equipment and all other purposes associated with the ownership of the Land except for grazing or mowing the pasture.

 

10.  Transfer and alienation

  1. The Licensee does not occupy the Land and may not invite any trespasser or squatter to do so.

  2. The Licensee does not own any interest in the Land capable of transfer or alienation.

 

11.  Termination

  1. The Licensor may terminate this agreement on giving 48 hours notice at any time he is of the opinion that the Licensee is in breach of this agreement.

  2. Either party may terminate this licence upon one months notice given at any time, without giving a reason. No compensation shall be payable to the Licensee.

  3. The termination of this agreement does not cancel any outstanding obligation of the Licensee, except that the Licence Fee shall be repaid to the Licensee pro rata with the unexpired period of the licence.

  4. Upon termination of this agreement, the Licensee shall vacate the Land, leaving it in the state and condition in which this agreement requires. In particular, the Licensee will leave no hay, straw, fencing materials or detritus of any sort.

 

12.   Other matters

  1. The Licensee may insure his animals and goods on the Land. The Licensor is under no obligation to insure anything and shall not be held responsible for any loss or damage to Licensee's property or goods.

  2. If the Licensor makes any concession in respect of any right he has under this licence agreement, that concession is not to be treated as continuing nor as applying in any way, which reduces his rights under this Licence agreement.

  3. The Licensor accepts no liability for any accident, straying, death, illness or damage caused by or to the Licensee's stock.

  4. The Licensor shall have a lien upon all the Licensee's animals for the time being on the Land for any sum owing or expense incurred for which under this agreement the Licensee is liable and this lien may be enforced by the sale of any such animal.

 

Signed by the parties:

Licensor’s signature:

 

Licensee signature: