Alpaca Legal Advice

The alpaca industry in the UK is growing. With this grows misunderstanding between alpaca owners who have different views. There is no longer "a common view" "one opinion" or "a better way of doing things". We at Tippens Wood are happy to share our knowledge and advise alpaca owners of the multiture of questions that they have whether it be about buying or selling alpacas or the land on which they graze.

It is far better that alpaca owners are aware of various aspects of the law that affect them. Prevention is always better than cure. Some of the issues that concern alpacas are set out below.

Buying and selling alpacas:
Transactions between buyer and seller should be recorded in a written contract however simple. Wherever an entire herd is acquired from a retiring owner issues such as goodwill, protection of genetics, covenants, employees (full time and part time) VAT and tax should be considered. We have pro forma contracts for this transaction. Please contact us should you require the standard contract

Employment:
Many alpaca owners have employees working for them on a part time and full time basis. These employees have rights under employment legislation. It is imperative that proper contracts of employment are drawn up with adequate measures to prevent unnecessary litigation in the Employment Tribunal on issues such as sex discrimination, working time directives and health and safety on the land.

Injury to property or alpacas:
Alpaca owners are often subject to injury to their alpacas whilst grazing on land (whether owned by them or rented) caused by neighbouring dogs or dogs being taken for a walk by third parties. Whilst insurance maybe able to cover the loss there is also a possible cause of action against the owner of the dog for not restraining their dog whilst on third party property. This is covered by third party liability insurance and a simple policy can be obtained to cover this risk. Please contact us should you wish to obtain third party liability insurance.

Renting farm land for grazing:
Pasture for grazing is always in demand for the ever expanding business of the alpaca owner. Often alpaca owners enter into loose arrangements for the use of land on a "gentlemans handshake". When issues arise caused by problems on the land or upon the termination of the agreement to occupy alpaca owners often discover that they have no rights, remedy or recourse to the informal agreement. It is therefore advisable to enter into a simple written agreement where the rights and obligations of parties are clearly defined and a distinction is made as to whether the right to occupy is that of a licence or an agricultural tenancy.

Planning Applications:
Alpaca owners constantly face the inevitable confrontation with local authorities when dealing with the introduction of barns and shearing sheds and tied accommodation for workers. It is only in recent times that alpaca breeding has been considered farmed livestock. There are many aspects to handling planning applications successfully. It is best that advice is taken early before enforcement notices are served by the local authority which will often view the activities and development on the land as they would in a typical urban environment.

For further information please contact us on line. Our legal team who comprises barristers and solicitors who have experience in agricultural land and leases, insurance, company and business transactions, partnerships, tax, employmentand planning.


ANILA PRESTON, solicitor
CEO
REORIENT LEGAL
148 Leadenhall Street
London EC3 4QT
Tel 0207 645 8255
anila.preston@reorient.co.uk