Pictured above: Tom Devey
A leading rural lawyer has called on the UK's landowners and
shooting syndicates to cover every possible angle when negotiating
the terms of complex Shooting Leases.
Tom Devey, a rural affairs expert at Midlands-based MFG
Solicitors, is determined that those taking out Shooting Leases for
sporting rights don't fall foul of the numerous potential
pitfalls.
Mr Devey said: "It's imperative for landowners and shooting
syndicates to enter into a comprehensive lease agreement. Not only
will a watertight arrangement help the landowner's estate
management plan, by providing them with a determinable income
stream, it also allows syndicates or gamekeepers to put a timetable
in place to enable them to prepare for the season's shooting.
During the past few years there have been many examples across
rural communities of disputes between landowners, gamekeepers and
shooting syndicates. These disputes mostly relate to land rights,
building use, types of ammunition and even insurance. By their
nature, these disputes can be complicated, intricate issues, but
can be avoided with an appropriate and fully understandable
Shooting Lease."
Mr Devey, a respected voice on a variety of rural legal matters,
has taken time to set out a five point 'pitfall plan'. This gives
an overview of the crucial pitfalls to be aware of and underlines
the importance of a professionally-prepared Shooting Lease.
A summary of the five points is below:
• If a Shooting Lease is not in place, a landowner could
ask a syndicate or gamekeeper to leave their land at any point in
time.
• A Shooting Lease enables the landowner to specify certain
terms which may be important to them. This can cover exact days on
which shooting can take place, VAT responsibility and even a
specification that only fibre wad cartridges are used.
• A Shooting Lease must be made by deed and, if the term is
for a period greater than seven years, it must also be registered
with H M Land Registry.
• Even if Stamp Duty Land Tax is not payable upon the grant
of a Shooting Lease, a Stamp Duty Land Tax Return may still be
required by H M Revenue & Customs.
• If a building, such as a game keeper's cottage, gun room
or game larder, is rented along with any shooting rights, then the
landowner must ensure the lease is drafted in a manner that will
ensure the landlord can obtain possession of the land and shooting
rights when the lease expires.
Mr Devey added: "Many organisers of rural shoots overlook the
finer details of a Shooting Lease and often find this causes
problems further down the line. It's something I want to help those
people avoid.
"Putting a Shooting Lease in place isn't difficult. It's like an
insurance policy and legal specialists with a sound understanding
of rural affairs should be consulted to ensure any potential issues
are avoided. It's a difficulty landowners and shooting syndicates
don't need to have."