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Long-Term Land Leasing

  • 02-12-2023 05:29PM
    #1
    Registered Users, Registered Users 2 Posts: 1,025 ✭✭✭


    Wondered if anyone has done the Long-Term Land Leasing that allows for tax relief? What has your experience of qualifying been like, does it take long, when is the best time of year to advertise, where's the best place to advertise, what to expect in terms of price per acre, how are payments signed over etc .

    https://www.teagasc.ie/rural-economy/rural-development/diversification/long-term-land-leasing/



Comments

  • Registered Users, Registered Users 2 Posts: 256 ✭✭massey 265


    Have an outside block leased for last 15 yrs.i find that by using local auctioneer that it makes it easier as they will have a master lease that qualifies you for the tax relief and also the leasee will be paying the auctioneer and auctioneer then pays you.auctioneer fee approx 100 annually which is well worth it in my view.lease prices vary depending on land quality,location and demand but remember its not nessarlly the highest bidder that would be the best choice of leasee as this is a long term commitment ,so a bit of background on any potential leasee would be benificial.leases are usually paid in 2 moities eg march and september but this can be agreed between parties at lease signing.All thet said a neighbour is having problems already with a lease that only commenced last march with leasee looking to reduce lease price and year 1 not even up yet so tread carefully.



  • Registered Users, Registered Users 2 Posts: 205 ✭✭youllbemine




  • Registered Users, Registered Users 2 Posts: 205 ✭✭youllbemine


    Or worse again, did their sums and thought the could do a fast one!



  • Registered Users, Registered Users 2 Posts: 21,325 ✭✭✭✭Donald Trump



    All the auctioneer will be doing for his 100 quid a year is receiving the cheque from the lessee (assuming it comes in), buying a stamp, and forwarding it on to you.

    Those master lease templates are freely available online. From the likes of the IFA website or similar.



  • Registered Users, Registered Users 2 Posts: 2,968 ✭✭✭Sami23


    I'm going leasing some land for 5 years from a neighbour and they are getting their solicitor to draw up the lease as they want it official so they won't have to pay tax on it I think.

    Here's my question - the neighbour is telling me that their solicitor is saying I also need a solicitor on my side for them to send the lease to and witness me signing it where I just thought they could send it to me to sign and job done.

    Anyone know if that's true that I need my solicitor involved ?



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  • Registered Users, Registered Users 2 Posts: 1,836 ✭✭✭Anto_Meath


    @Sami23 with any legal documentation its always advised that you get indpendant legal advice so that you can argue at a later on that you didn't understand something in the lease. In fairness for the few hundred euro involved in getting a legal opinion it would be no hard. Like there might be a landlord only break clause that wouldn't suit you in there somewhere.



  • Moderators, Society & Culture Moderators, Paid Member Posts: 5,015 Mod ✭✭✭✭Siamsa Sessions


    In my experience, it's an auctioneer that draws up the lease (or just uses the IFA master lease). And the landlord and tenant just sign that once the T&Cs are agreed. Again, the auctioneer should be able to advise on typical T&Cs, and they should be able to get it registered with the Dept (and Revenue) so the tax issues are all sorted and above board.

    I'd be talking to an auctioneer before getting any solicitor involved.



  • Registered Users, Registered Users 2 Posts: 3,148 ✭✭✭older by the day


    I thought it should be longer than 5, to get the tax free benefit.

    Correct about the two solicitors. But a lot of solicitors just get another to sign if its a continuing lease.

    I'm not for paying auctioneers every year of the lease. That 100 from you turns into 150 with vat ect same on the other side. It 2100 to the auctioneer over 7 years and doing fuuck all, only holding the money for a longer than necessary time.

    If the lad leasing can't come up with the money, the auctioneer Won't be paying you, it's a scam.



  • Moderators, Society & Culture Moderators Posts: 3,810 Mod ✭✭✭✭K.G.


    Been leasing since 95 and have alot of land leased with around a dozen landlords.the lease is only important if there is a problem and if there is a problem it wouldn't solve anything. You don't have to get it signed by a solicitor, anyone can do it but in recent years it has crept in that it's up to the person who's renting the land to get it stamped.it.dosent.make sence to me as its often only really in interest of the person leasing out who draws the tax relief.most of my land Lords use the ifa master lease and alot of auctioneers and agents do it too often charging nice fees for just downloading it



  • Registered Users, Registered Users 2 Posts: 2,968 ✭✭✭Sami23


    So the Landlord did approach an auctioneer to do it but he said he only does the 11 month renting agreements as he not involved in paying the stamp duty so that's why we are back to the solicitor 🤷‍♂️.

    I've no issue with the landlord getting a proper agreement done up and with a solicitor doing that but I don't see why I should have to pay another solicitor just to witness me signing it as the lease is very straight forward and I will be paying the landlord directly each year.

    Just after doing some googling and looking at IFA website and it clearly states you don't need a solicitor and that you just need an independent witness but landlord solicitor is adamant that they need to send the lease to my solicitor for me to sign it 😤 so at a bit of a standoff now.



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  • Moderators, Society & Culture Moderators, Paid Member Posts: 5,015 Mod ✭✭✭✭Siamsa Sessions


    That sounds poor form from the auctioneer if he can't sort out the lease. Could you try another auctioneer?

    Failing that, tell the landlord you'll get a peace commissioner to sign it: https://www.citizensinformation.ie/en/justice/civil-law/peace-commissioners/

    I help the local GAA club apply for grants and I often got a peace commissioner to sign different legal and quasi-legal docs.



  • Registered Users, Registered Users 2 Posts: 2,968 ✭✭✭Sami23


    Funny thing is the Auctioneer the landlord asked to do the lease is a peace commissioner 🙈.

    I might just have to ring the landlords solicitor myself and spoof something like I contacted the IFA and they confirmed that a solicitor is definitely not required to witness me signing the lease.

    If that fails I'll just have to give in and give my solicitor €300-€400 just to watch me signing it and and for them to sign it too 😡



  • Registered Users, Registered Users 2 Posts: 328 ✭✭yewdairy


    Your correct in what you are saying but for the sake of maintaining good relations with the land lord I would get a solicitor. Its a small cost over the whole lease and only has to be done once. Sometimes giving a little bit will stand to the relationship in the long term.



  • Registered Users, Registered Users 2 Posts: 2,968 ✭✭✭Sami23


    The landlord didn't want to involve solicitors either due to what they charged him last time. That's why he tried to get the auctioneer to do it this time but he wouldn't so that's why we're back to the solicitors.

    Other thing about the solicitors is they don't want to give you a price for the job upfront which is complete bo#@>*ks



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