ANNUAL GRASS LETS 2018

Transcription

1 ANNUAL GRASS LETS 2018 MONDAY 26 TH MARCH 2018 WITHIN NO. 2 SALE RING OF CASTLE DOUGLAS AUCTION MART AT 11AM WALLETS MARTS PLC, Castle Douglas BORNESS, Borgue LOW CHAPELTON, Borgue CAIRNIEHILL, Borgue SOUTHPARK, Borgue BRIGHOUSE, Borgue Ac Ac Ac Ac Ac Ac WEDNESDAY 28 TH MARCH 2018 WITHIN INGLESTON MAINS STEADING AT 1.30PM INGLESTON MAINS, Moniaive Ac NEW MARKET STREET, CASTLE DOUGLAS, DG7 1HY TEL: FAX: WALLETSMARTS@AUCTIONMARTS.CO.UK

2 WALLETS MARTS CASTLE DOUGLAS LTD We are pleased once again to provide you with our Annual Grass Let Schedule for the 2018 season. We would draw your attention to our Special Conditions of Sale for Grazing and Mowing Leases, which you will be asked to sign on purchase. These conditions are printed at the front of this schedule. Any further information will be announced at the time of the let. If you have any queries on this please do not hesitate in contacting us prior to let. We would also remind anyone taking grass that payment falls due, in full, on 30 th April After that date interest will be charged at 7% above base rate on all outstanding amounts. Finally we would take this opportunity to thank all customers, old and new for their continued support in these changing times. WALLETS MARTS CASTLE DOUGLAS LIMITED New Market Street, Castle Douglas Tel: Fax:

3 WALLETS MARTS CASTLE DOUGLAS LTD STANDARD CONDITIONS OF SALE GRAZING AND MOWING LEASES WHERE BUYER UTILISES THE FORAGE HECTARES FOR IACS / SAF PURPOSES. These Standard Conditions of Sale together with Wallets Marts Castle Douglas Ltd General Conditions of Sale (non-livestock) shall apply to all auction and other sales of grazing and mowing leases where the subjects to be leased will be used to support a claim by the buyer under the Single Farm Payment Scheme. 1 The subjects to be leased ( the land ) shall be used only for the purpose of grazing or mowing during the period of the lease, the lease being a grazing or mowing lease in terms of Section 3 of the Agricultural Holdings (Scotland) Act The Landlord (Seller) will retain the forage hectares or IACS / SAF purposes and the Tenant (Buyer) may include the land within his IACS/SAF submission. 3 The buyer will be responsible for compliance with the Statutory Management Requirements and the requirement to keep the land in Good Agricultural and Environmental Condition during the period of the lease. 4 The seller: - a) warrants that during the period of the lease and for the rest of the year he will not infringe any of the conditions of the Statutory Management Requirements and/or the requirement to keep the land in Good Agricultural and Environmental Condition or allow the third party to do so; b) he further undertakes to indemnify the buyer against any loss sustained by the buyer as a result of any infringement by the seller and/or by any third party acting for or under instructions of the seller of the Statutory Management Requirements and the requirement to keep the land in Good Agricultural and Environmental Condition. 5 The buyer will include the grazings in his IACS (SAF) 2018 as forage hectares and agrees to graze the land in accordance with SMR as laid down in Scottish Executive s cross compliance booklet, for the duration of the let. 6 BPS eligible land is arable land and temporary or permanent pasture on which the production, rearing or growing of agricultural products is undertaken. Land that consists of areas of rocks, scree, roads, buildings, yards and hard-standings, water, trees, dense vegetative cover (gorse, scrub and monoculture stands of bracken) are ineligible and the buyer (tenant) is responsible for ensuring that any ineligible areas within the subjects of let are not used to support BPS. 7 The seller stipulates that the land or any part thereof may not be sub-let. 8 The seller reserves the right to withdraw any lot. 9 In the case of any dispute as to who is the highest offeror, the lot in question shall at the option of the Auctioneer be re-exposed for sale. 10 The seller reserves (1) the right of access over the land for the purpose of conducting his ordinary farming operations; and (2) the right to cut all noxious weeds. 11 Bulls, stallions, fence-leapers, dangerous or diseased animals whatever description are strictly prohibited. 12 The buyer hereby acknowledges that the buyer will not take entry to the land until such time as the price has been paid by the buyer in full. The seller hereby acknowledges that the seller will not allow the buyer to take entry to the land until the seller has received notification from the Auctioneer that the price has been paid by the buyer. 13 Any buyer failing to settle accordingly shall forfeit all right to the land and shall be held liable to the seller for ¼ of the price in name of damages and the seller shall in that case be entitled to dispose of the land at his sole discretion. 14 The seller will not be responsible for any accident, damage or loss to or from the stock from whatever cause.

4 15 No warranty is given as to fences, shelter, water or otherwise. Buyers must satisfy themselves on all matters. No error or deficiency in any matters referred to above or in any other respect nor any loss resulting therefrom shall affect the contract or entitle the buyer to resile therefrom or to claim damages or any other remedy. 16 The buyer will be entitled to object to the area declared on the LOT DESCRIPTION by intimating such objection to the Auctioneer in writing within seven days of the date of sale. Otherwise, the buyer will be held to have accepted the stated area as being correct. In the event of the buyer intimating any objection to the stated area within seven days to the date of the sale and the buyer and the seller being unable to agree the correct area the Auctioneer will appoint a surveyor to carry out a measurement and such measurement will be final and binding upon the parties. In the event of the true area being less than the area stated at the sale, the seller will make repayment to the buyer calculated on a pro rata basis and will also be responsible for paying the cost of the measurement. If the true area is not less than the stated area at the sale, the price will remain unaltered and the buyer will be responsible for paying the costs of the surveyor. For the avoidance of doubt the buyer will not be entitled to resile from the bargain or to claim any damages by reason of any error in the stated area. 17 Should any stock trespass on the other fields, the owner of the stock so trespassing will be held liable for and will indemnify the seller all damages or claims arising therefrom. 18 The parties accept that these conditions of sale do not guarantee compliance with the rules of the Single Farm Payment Scheme. 19 If the buyer is utilising the subjects of let within his LFASS claim he must satisfy themselves as the eligibility of the land under the 2018 LFASS rules contained within the 2018 IACS/SAF information pack. 20 In the event of any new subsidy or support scheme or the Entitlement to claim future subsidies be based or referred to in the year in which this Grazing Lease applies whether land based or historic based or indeed a combination of both the Tenant shall be bound to transfer any such rights to future subsidy or support schemes to the Landlord at no cost. 21 Where the tenant applies his own fertiliser, specific attention should be paid to GAEC 20 Establishment of buffer strips along water courses and the existing regulations updated 1st January This states that organic and inorganic manures must not be applied within 10 metres of any surface water, or 50 metres of any well, bore hole etc. Chemical fertiliser must not be applied to land in any way that makes it likely that the fertiliser will directly enter any surface water and in the case of sloping ground where the slope of the land of greater than 12 degrees extra caution should be exercised. Weather conditions at time of spreading and type of fertiliser applied whether organic or inorganic should be taken into account as per the updated guidance notes. Surface water includes coastal water, lochs, rivers, burns, streams and ditches which contain free water and also temporarily dry ditches. The tenant also agrees to indemnify the landlord with regard to any breach of GAEC The Buyer (tenant) will be bound to sign a Lease (Grazing Licence) prior to occupancy of the subject of let and declares that he will be bound by the conditions of the said grazing lease. Seller: Buyer: Lot No as per attached plan. The parties hereby acknowledge to have received a copy of the Standard and Special Conditions of Sale together with Lotting Plan and agree to be bound by them. Signature of Seller Signature of Buyer Signature of Auctioneer This agreement made March 2018

5 WALLETS MARTS CASTLE DOUGLAS LTD STANDARD CONDITIONS OF SALE GRAZING AND MOWING LEASES WHERE LANDLORD RETAINS THE FORAGE HECTARES FOR IACS / SAF PURPOSES. These Standard Conditions of Sale together with Wallets Marts Castle Douglas Ltd General Conditions of Sale (non-livestock) shall apply to all auction and other sales of grazing and mowing leases where the subjects to be leased will not be used to support a claim by the buyer under the Single Farm Payment Scheme. 1 The subjects to be leased ( the land ) shall be used only for the purpose of grazing or mowing during the period of the lease, the lease being a grazing or mowing lease in terms of Section 3 of the Agricultural Holdings (Scotland) Act The Landlord (Seller) will retain the forage hectares or IACS / SAF purposes and the Tenant (Buyer) understands and agrees that for this purpose he will have no managerial control over the subject of let on the 15 th May He further acknowledges he will not claim any LFASS upon the subject of let. 3 The buyer will be responsible for compliance with the Statutory Management Requirements and the requirement to keep the land in Good Agricultural and Environmental Condition during the period of the lease. 4 The seller: - (a) warrants that during the period of the lease and for the rest of the year he will not infringe any of the conditions of the Statutory Management Requirements and/or the requirement to keep the land in Good Agricultural and Environmental Condition or allow the third party to do so; (b) he further undertakes to indemnify the buyer against any loss sustained by the buyer as a result of any infringement by the seller and/or by any third party acting for or under instructions of the seller of the Statutory Management Requirements and the requirement to keep the land in Good Agricultural and Environmental Condition. 5 The buyer will include the grazings in his IACS (SAF) 2018 as forage hectares and agrees to graze the land in accordance with SMR as laid down in Scottish Executive s cross compliance booklet, for the duration of the let. 6 SFPS eligible land is arable land and temporary or permanent pasture on which the production, rearing or growing of agricultural products is undertaken or maintaining the land in GAEC. You can now use land used for short rotation coppice to activate your standard entitlements for payment. Land that consists of areas of rocks, scree, roads, buildings, yards and hard-standings, water, trees, dense vegetative cover (gorse, scrub and monoculture stands of bracken) are ineligible and the buyer (tenant) is responsible for ensuring that any ineligible areas within the subjects of let are not used to support SFPS., 7 The seller stipulates that the land or any part thereof may not be sub-let. 8 The seller reserves the right to withdraw any lot. 9 In the case of any dispute as to who is the highest offeror, the lot in question shall at the option of the Auctioneer be re-exposed for sale. 10 The seller reserves (1) the right of access over the land for the purpose of conducting his ordinary farming operations; and (2) the right to cut all noxious weeds. 11 Bulls, stallions, fence-leapers, dangerous or diseased animals whatever description are strictly prohibited. 12 The buyer hereby acknowledges that the buyer will not take entry to the land until such time as the price has been paid by the buyer in full. The seller hereby acknowledges that the seller will not allow the buyer to take entry to the land until the seller has received notification from the Auctioneer that the price has been paid by the buyer. 13 Any buyer failing to settle accordingly shall forfeit all right to the land and shall be held liable to the seller for ¼ of the price in name of damages and the seller shall in that case be entitled to dispose of the land at his sole discretion.

6 14 The seller will not be responsible for any accident, damage or loss to or from the stock from whatever cause. 15 No warranty is given as to fences, shelter, water or otherwise. Buyers must satisfy themselves on all matters. No error or deficiency in any matters referred to above or in any other respect nor any loss resulting therefrom shall affect the contract or entitle the buyer to resile therefrom or to claim damages or any other remedy. 16 The buyer will be entitled to object to the area declared on the LOT DESCRIPTION by intimating such objection to the Auctioneer in writing within seven days of the date of sale. Otherwise, the buyer will be held to have accepted the stated area as being correct. In the event of the buyer intimating any objection to the stated area within seven days to the date of the sale and the buyer and the seller being unable to agree the correct area the Auctioneer will appoint a surveyor to carry out a measurement and such measurement will be final and binding upon the parties. In the event of the true area being less than the area stated at the sale, the seller will make repayment to the buyer calculated on a pro rata basis and will also be responsible for paying the cost of the measurement. If the true area is not less than the stated area at the sale, the price will remain unaltered and the buyer will be responsible for paying the costs of the surveyor. For the avoidance of doubt the buyer will not be entitled to resile from the bargain or to claim any damages by reason of any error in the stated area. 17 Should any stock trespass on the other fields, the owner of the stock so trespassing will be held liable for and will indemnify the seller all damages or claims arising therefrom. 18 The parties accept that these conditions of sale do not guarantee compliance with the rules of the Single Farm Payment Scheme. 19 If the buyer is utilising the subjects of let within his LFASS claim he must satisfy themselves as the eligibility of the land under the 2016 LFASS rules contained within the 2016 IACS/SAF information pack. 20 In the event of any new subsidy or support scheme or the Entitlement to claim future subsidies be based or referred to in the year in which this Grazing Lease applies whether land based or historic based or indeed a combination of both the Tenant shall be bound to transfer any such rights to future subsidy or support schemes to the Landlord at no cost. 21 Where the tenant applies his own fertiliser, specific attention should be paid to GAEC 20 Establishment of buffer strips along water courses and the existing regulations updated 13 th march This states that organic and inorganic manures must not be applied within 10 metres of any surface water, or 50 metres of any well, bore hole etc. Chemical fertiliser must not be applied to land in any way that makes it likely that the fertiliser will directly enter any surface water and in the case of sloping ground where the slope of the land of greater than 12 degrees extra caution should be exercised. Weather conditions at time of spreading and type of fertiliser applied whether organic or inorganic should be taken into account as per the updated guidance notes. Surface water includes coastal water, lochs, rivers, burns, streams and ditches which contain free water and also temporarily dry ditches. The tenant also agrees to indemnify the landlord with regard to any breach of GAEC The Buyer (tenant) will be bound to sign a Lease (Grazing Licence) prior to occupancy of the subject of let and declares that he will not use the hectares on his IACS / SAF Seller: Buyer: Lot No as per attached plan. The parties hereby acknowledge to have received a copy of the Standard and Special Conditions of Sale together with Lotting Plan and agree to be bound by them. Signature of Seller Signature of Buyer Signature of Auctioneer This agreement made March 2018

7 WALLETS MARTS PLC GRASS LETS TO BE LET WITHIN NO 2 SALE RING IN CASTLE DOUGLAS MARKET ON MONDAY 26 TH MARCH 2018 at 11 A.M. PRIOR TO STORE CATTLE SALE HOLDING NO: 82/492/0046 Identifier Counter Total Area Lot 1 Dunmuir Hill NX/76404/ Ha NX/76478/ Ha NX/76543/ Ha NX/76584/ Ha 7.23 Ha Ac Lot 2 Ernespie Hill NX/77240/ Ha NX/77197/ Ha 8.79 Ha Ac Lot 3 Villa Field NX/76972/ Ha Cricket Field NX/77064/ Ha 6.17 Ha Ac Lot 4 Island Field NX/75655/ Ha 2.64 Ac Lot 5 Jocks Field NX/75534/ Ha 4.99 Ac TERMS AND CONDITIONS 1. Cattle and sheep will graze the fields until 31 st October cwts compound fertiliser will be applied per acre. 3. Handling pens are available. 4. The overlooking of stock will be the responsibility of the grazier. 5. The owner reserves the right to spray weeds Ha Ac 6. No Irish stock or stock from other than a TB4 area to be grazed on the lets.

8

9 BORNESS GRASS LETS TO BE LET WITHIN NO 2 SALE RING IN CASTLE DOUGLAS MARKET ON MONDAY 26 TH MARCH 2018 at 11 A.M. PRIOR TO STORE CATTLE SALE HOLDING NO: 513/0006 Lot 1 NX/62488/ Ha Ac Lot 2 NX/62759/ Ha Ac Lot 3 NX/62576/ Ha Ac Lot 4 NX/62490/ Ha Ac Lot 5 NX/62096/ Ha Ac Lot 6 NX/62097/ Ha Ac Ha Ac TERMS AND CONDITIONS 1. The period of let shall be from 31 st March 2018 until 31 st October 2018 for cattle and sheep. No horses and no bulls may be grazed without express permission from the Landlord cwts compound fertiliser applied per acre. 3. Handling facilities are available by request. 4. The overlooking of stock will be carried out free of charge. 5. Lots 2 & 3 have kissing gates and walkways. 6. The Landlord reserves the right to use the field areas for their own SFP Claim. 7. No Irish stock, imported stock or stock from outwith TB4 areas will be allowed on the lets.

10

11 LOW CHAPELTON GRASS LETS MR TC GILLESPIE TO BE LET WITHIN NO 2 SALE RING IN CASTLE DOUGLAS MARKET ON MONDAY 26 TH MARCH 2018 at 11 A.M. PRIOR TO STORE CATTLE SALE HOLDING NO: 513/0008 Lot 1 NX/61581/ Ha NX/61755/ Ha Lot 3 NX/61963/ Ha NX/62164/ Ha Lot 4 NX/62241/ Ha TERMS AND CONDITIONS 1. The period of let shall be from 31 st March 2018 until 31 st October 2018 for cattle and sheep only. 2. Lot 2 has had knowes levelled and these areas have been reseeded. 3. No horses and no bulls will be allowed. 4. The overlooking of stock will be carried out free of charge. 5. All fields will have received 1 cwts fertiliser Ac Ac Ac Ha Ac 6. The Landlord reserves the right to retain the field areas for their own SFP Claim. 7. No Irish stock, imported stock or stock from outwith TB4 areas will be allowed on the lets.

12

13 CAIRNIEHILL GRASS LETS TO BE LET WITHIN NO 2 SALE RING IN CASTLE DOUGLAS MARKET ON MONDAY 26 TH MARCH 2018 at 11 A.M. PRIOR TO STORE CATTLE SALE HOLDING NO: 513/0045 Lot 1 NX/62545/ Ha NX/62939/ Ha (16.86 Ha) Ac Lot 2 NX/62887/ Ha NX/62660/ Ha (11.93 Ha) Ac Lot 3 NX/62884/ Ha Ac Lot 4 NX/63104/ Ha Ac Lot 5 NX/63139/ Ha NX/63403/ Ha (12.14 Ha) Ac Lot 6 NX/63354/ Ha Ac Ha Ac TERMS AND CONDITIONS 1. The period of let shall be from 31 st March 2018 until 31 st October 2018 for cattle and sheep only. No horses and no bulls may be grazed without express permission from the Landlord cwts compound fertiliser have been applied per acre. 3. Handling facilities are available by request. 4. The overlooking of stock will be carried out free of charge. 5. The Landlord reserves the right to retain the field areas for their own SFP Claim. 6. No Irish stock, imported stock or stock from outwith TB4 areas will be allowed on the lets.

14

15 SOUTHPARK GRASS LETS TO BE LET WITHIN NO 2 SALE RING IN CASTLE DOUGLAS MARKET ON MONDAY 26 TH MARCH 2018 at 11 A.M. PRIOR TO STORE CATTLE SALE HOLDING NO: 513/0051 Lot 1 NX/63015/46051 NX/63335/ Ha Ac Lot 2 NX/62756/ Ha Ac Ha Ac TERMS AND CONDITIONS 1. The period of let shall be from 31 st March 2018 until 31 st October 2018 for cattle and sheep only. No horses and no bulls cwts compound fertiliser have been applied. 3. Handling facilities are available by request. 4. The overlooking of stock will be carried out free of charge. 5. Pony trekking will go through Lots 1 & The Landlord reserves the right to retain the field areas for their own SFP Claim. 7. No Irish stock, imported stock or stock from outwith TB4 areas will be allowed on the lets.

16

17 BRIGHOUSE GRASS LETS TO BE LET WITHIN NO 2 SALE RING IN CASTLE DOUGLAS MARKET ON MONDAY 26 TH MARCH 2018 at 11 A.M. PRIOR TO STORE CATTLE SALE HOLDING NO: 513/0051 Lot 1 NX/63982/ Ha Ac NX/64181/ Ha 6.00 Ac NX/64189/ Ha 9.00 Ac TERMS AND CONDITIONS 1. The period of let shall be from 31 st March 2018 until 31 st October No horses and no bulls may be grazed without express permission from the Landlord cwts compound fertiliser have been applied. 3. Handling facilities are available by request. 4. The overlooking of stock will be carried out free of charge. 5. Kissing gates and walkways in all lots Ha Ac 6. The Landlord reserves the right to retain the field areas for their own SFP Claim. 7. No Irish stock, imported stock or stock from outwith TB4 areas will be allowed on the lets.

18

19 INGLESTON MAINS GRASS LETS MR J. L THOMSON TO BE LET ON FARM ON WEDNESDAY 28 TH MARCH 2018 AT 1.30pm HOLDING NO: 75/333/0033 TO BE LET FROM INGLESTON MAINS FARM STEADING Claimable Area Grazeable Area Lot 1 NX/79823/ Ha Ac (Reseeded 2013) Lot 2 NX/79633/ Ha Ac (Reseeded 2014) Lot 3 NX/79349/ Ha Ac Lot 4 NX/79752/ Ha 9.83 Ac NX/79924/ Ha 3.90 Ac Lot 5 NX/79858/ Ha 8.22 Ac NX/79600/ Ha 1.97 Ac Lot 6 NX/79429/ Ha Ac Lot 7 NX/79411/ Ha Ac Lot 8 NX/79217/ Ha Ac Lot 9 NX/79430/ Ha Ac Lot 10 NX/79612/ Ha Ac Lot 11 NX/79871/ Ha 9.26 Ac Lot 12 NX/80100/ Ha Ac Lot 13 NX/80111/ Ha 9.61 Ac NX/80124/ Ha 7.01 Ac

20 Lot 14 NX/79661/ Ha Ac Lot 15 NX/79842/ Ha Ac Lot 16 NX/79975/ Ha 8.69 Ac (Reseeded 2015) Lot 17 NX/79612/ Ha Ac Lot 18 NX/79831/ Ha Ac Ha Ac TERMS AND CONDITIONS 1. Cattle and sheep only may graze the fields between 31 st March and 31 st October 2018 and thereafter sheep only until 30 th November No bulls or horses allowed. 2. Handling facilities are available by arrangement cwts 20:05:10 compound fertiliser have been applied per acre. 4. The overlooking of stock will be carried out free of charge. 5. No sub-letting will be allowed. 6. Lot 1 was re-seeded and limed in 2013; Lot 2 re-seeded in 2014 and Lot 17 re-seeded in All fields can be used for SAF purposes by the Tenant. The Tenant must satisfy themselves as to the area claimed.

21

22 Wallets RPS have the expertise to draw up agricultural leases be it Farm Business Tenancies (FBT s), Short Limited Duration Tenancies (SLDT s), Limited Duration Tenancies (LDT s), Grazing Licences or Contract and Share Farming Agreements. Thinking of selling your property? For a free marketing appraisal please contact a member of our team to discuss your requirements. Looking for a Residential Property Managing Agent? Wallets RPS have a fully qualified Residential Letting Agent, for further details on our packages please contact Emma on emma@wallets-rps.co.uk To discuss your requirements please contact a member of our team on: or wrps@wallets-rps.co.uk NEW MARKET STREET, CASTLE DOUGLAS, DG7 1HY TEL: FAX: WALLETSMARTS@AUCTIONMARTS.CO.UK