Farmers and lawyers disagree over mandatory farm transfer rules

Farmers and solicitors’ groups agree that separate legal advice is advisable for all parties in a farm transfer, but they disagree on the need for mandatory new rules obliging both sides to engage a solicitor.

The ICMSA has criticised a Law Society proposal to upgrade its current guidance for separate solicitors up to new mandatory rules. A task force is discussing this proposal with all relevant parties.

ICMSA president John Comer accepts that having two solicitors is necessary in contentious farm transfers, but would be an unnecessary extra expense of up to €4,000 in “friendly” transfers, as is the case with 99.9% of voluntary transfers. Thus, he does not want the Law Society’s guidance on this issue to become mandatory.