Rural Estates Newsletter Winter 2018/19

In an old Indian parable a group of blind men hear that a strange animal, an elephant, has been brought to the village. Curious to
know what an elephant is like they pay it a visit.

One of them touches the trunk and says, “The creature is like a thick snake”. Another touches a leg and says, “No, the elephant is a pillar, like a tree-trunk”. The blind man who places his hand on the elephant’s side says, “Not so, it is like a wall”. The one who feels its tail describes a rope. And the last, holding a tusk, says, “You are all wrong: an elephant is hard and smooth like a spear.”

Unable to agree, and each convinced they alone are correct, the friends argue bitterly, come to blows and are never reconciled.

There is an elephant in the room that this newsletter intentionally avoids, not least because it is rather pleasant to think about other things for a change. Instead of airy speculations about the Agriculture Bill, we consider the practicalities of greenfield development – both the beginning of the process (Tom Kirkman on ‘Preparing the Ground’) and long-term stewardship (Charles Anderson on ‘Legacy Developments’). Anthony McNamee takes on the controversial topic of ‘Land Value Capture’ and whether compulsory purchase legislation will change to make greenfield development easier and cheaper.

And something completely different – in ‘Sex and Succession’ Rhoddy Voremberg looks at assisted conception, same-sex marriage and transgender issues, and asks what implications these changes have for succession to property and hereditary titles.

From green belt development to gender politics, there is no shortage of things to disagree about. Let us hope we do so with civility and respect for contrary opinions.

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If you require further information about anything covered in the newsletter, or have any feedback, please contact James Maxwell or your usual contact at the firm on +44 (0)20 3375 7000.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, January 2019