Who owns what? Navigating family farm disputes over land ownership

23rd Apr 2025

Author: Jill Benbow

Disagreements over who owns what part of a family farm are more common than many people realise. Often involving several generations, these disputes can become complex and emotionally charged – particularly when promises have been made informally or ownership has never been clearly documented.

At Butcher & Barlow, we understand that these issues are rarely just about land. They are about legacy, identity and family relationships. Jill Benbow, Property Dispute Resolution specialist, shares her insight into how these disputes arise, what steps to take if you find yourself involved in one, and how we can help you find a resolution that protects both your land and your family’s future.

Whether the disagreement follows a death, a change in the farming partnership or a breakdown in communication, our aim is always the same: to support you with clear advice and a practical, empathetic approach.

Why do ownership disputes arise?

Family farms are often more than just land and buildings — they are shared histories, livelihoods, and legacies passed down through generations. However, many farms are passed down informally through generations, with verbal agreements or assumptions instead of clear and formal legal documentation. Over time, this lack of clarity can lead to serious disagreements.

Common causes of disputes include:

Verbal promises and informal understandings

A typical example is a parent telling a child they will “one day inherit the farm” or be “looked after” for their years of hard work. These promises are often made in good faith but are not reflected in the Will or formal title documents. Problems arise when expectations do not match legal reality.

This is where the law of proprietary estoppel may come into play. If someone has been promised land, has relied on that promise, and suffered a detriment as a result – such as working for years on low pay, or turning down other career opportunities – they may have a right to claim what was promised. You can read more about this legal principle in our dedicated article here.

Contributions without formal recognition

It is common for one family member to take on more of the day-to-day running of the farm — living on site, managing livestock, overseeing arable work, and making business decisions — without receiving formal recognition of their role. Others may contribute financially by funding buildings, buying equipment, or covering running costs. Without clear agreements, these contributions can become the source of conflict.

Outdated or ambiguous Wills

A Will made many years ago may not reflect the current reality of the family or the farm. For example, land may be divided equally between siblings, even if only one of them has been actively involved in the farm’s management. If the Will does not specify how the farm is to be divided or run, confusion over boundaries and responsibilities can cause conflict.

Ownership spread across multiple family members

Where land has been inherited by several people over time or transferred without formal agreements, it can become difficult to track who owns what. This creates uncertainty, particularly where family members have different understandings of their rights.

Assumptions around farming partnerships

Many farms operate as family run partnerships, often without a formal partnership agreement. In these situations, the law relies on default rules that may not reflect how the farm is managed in practice. This can cause difficulties when one partner dies or wishes to leave, especially if their share in the partnership is not clearly documented.

In summary, many ownership disputes stem from one simple issue: a mismatch between what people believed would happen and what the legal documentation actually says.

What to do if a dispute arises

If you are involved in a dispute over farm ownership, it is important to act early and calmly. Taking the right steps at the beginning can help avoid costly and drawn-out legal battles later on.

1. Gather documentation: Start by collecting relevant documents: title deeds, Land Registry records, Wills, partnership agreements, bank records, and correspondence. These will help clarify the legal position and support your case.

 

2. Avoid heated discussions: While emotions can run high, it is best to avoid direct confrontation. Communicating through solicitors can help keep discussions focused and respectful, particularly where relationships are strained.

 

3. Take early legal advice: Every farm and every family is different. That is why it is so important to get advice tailored to your circumstances. At Butcher & Barlow, we take time to understand the history behind the dispute before providing clear, realistic options for resolution.

How can Butcher & Barlow help?

We know how important it is to approach these matters sensitively. We will work with you to resolve the issue in a way that protects both the value of the farm and the relationships involved. Our team can:

• Review and explain your legal position clearly
• Open discussions with the other parties on your behalf
• Explore resolution through mediation or negotiation
• Make or defend legal claims where appropriate, including claims for proprietary estoppel or under inheritance law
• Put agreements in place to formalise any resolution reached

Where court, or other proceedings are unavoidable, we will support you through every step of the process and provide honest, practical advice along the way.

Protecting the farm for the future

Once a dispute is resolved, it is vital to plan ahead to prevent similar issues from arising again. We support families in:

• Updating Wills and estate plans
• Registering ownership with the Land Registry
• Drafting or reviewing partnership and co-ownership agreements
• Advising on long-term succession planning

These proactive steps not only provide legal clarity but help preserve the family farm as a stable, working asset for years to come. Land ownership disputes within family farms are rarely just legal matters — they are deeply personal and often emotionally charged. We understand the pressures involved and are here to help you resolve disputes with care, clarity, and confidence.

Whether you are currently dealing with a disagreement or want to put protections in place for the future, contact Butcher & Barlow today. Our Agriculture & Rural Affairs Team is here to guide you every step of the way.

Jill can be contacted for a no obligation discussion on 01606 334309 or emailed at jbenbow@butcher-barlow.co.uk

 

The information in this article was correct at the time of publication. The information is for general guidance only. Laws and regulations may change, and the applicability of legal principles can vary based on individual circumstances. Therefore, this content should not be construed as legal advice. We recommend that you consult with a qualified legal professional to obtain advice tailored to your specific situation. For personalised guidance, please contact us directly.