RTS

Richard Turner & Son

AUCTIONEERS, VALUERS & ESTATE AGENTS Est 1803

LAND AT NEWBIGGIN, KIRKBY LONSDALE

33.48 ACRES (13.54 HA) OR THEREABOUTS

Lot 1

Excellent meadow and pasture land

FOR SALE BY PUBLIC AUCTION WEDNESDAY 26 JUNE 2019 AT 7.30 p.m.

IN WESTMORLAND SUITE OF THE CROOKLANDS HOTEL (Subject to Conditions and Unless Sold Previously)

Selling Agents: Solicitors:

Richard Turner & Son The Rural Law Practice - ThompsonHaytonWinkley

14 Moss End, Crooklands, LA7 7NU J.36 Rural Auction Centre, Crooklands LA7 7FP

Tel: 015395 66800 Tel: 015395 67571

Email: kendal@rturner.co.uk Email: info@thwlegal.co.uk

*Note: If you are intending to attend an auction sale or have a definite interest in any auction properties, please ring the

appropriate office to register your interest so we can inform you of any developments/amendments prior to auction or if the

auction has to be postponed/cancelled.

Bidder Registration / Money Laundering Regulations

Money Laundering Regulations under ‘The Money Laundering, Terrorist Financing and Transfer of Funds

(Information on the Payer) Regulations 2017’ (SI 2017/692), brought into effect in June 2017. We are now required

to undertake due diligence checks on intending bidders/prospective purchasers prior to any bid being accepted. Any

intending bidders/prospective purchasers will be required by us to complete an Identification Verification

Questionnaire form (which will incorporate prescribed information (identification documentation etc.) and provide

us with photographic identification (a current passport or driving licence) and proof of address (utility bill no older

than 3 months or current council tax bill) at our office before the sale or to the auctioneer/registration desk prior to

commencement of the sale). The successful bidder/prospective purchaser will be required for a search via Experian

to be undertaken to verify the information provided (however please note the Experian search will NOT involve a

credit search).

LOCATION:

The land is located in Newbiggin, near the market town of Kirkby Lonsdale, approximately 3 miles (5 kilometres)

south east of Junction 36 of the M6 Motorway. All lots are accessed directly off Newbiggin Lane.

DESCRIPTION:

The land comprises sound and productive meadow and pasture land and is ideal for agricultural, equine, amenity or

investment purposes (subject to obtaining appropriate permissions where applicable). The land is in good heart and

offers an ideal opportunity to acquire land close to Kirkby Lonsdale and the M6 Motorway. The land is suitable for

agricultural, equine or amenity uses (subject to permissions).

BASIC PAYMENT AND ENTITLEMENTS:

The land is registered on the Rural Land Register and is eligible for Basic Payment claims. The Vendor has claimed

the 2019 payment and this will be retained by the Vendor in full. The purchasers will be required to comply with the

Cross Compliance Regulations for 2019 and indemnify the Vendors for any claims costs losses or penalties as a

result of the purchasers failing to fulfil the cross compliance requirements.

The purchaser will be required to purchase the Basic Payment Entitlements in addition to the land, details of which

are described with each lot. The transfer of the Entitlements will be arranged through the selling Agents and the

necessary submissions to the Rural Payments Agency will be made once completion has taken place as soon as the

Rural Payments Service transfer window opens. There will be a charge of £100.00 plus VAT for each transfer, to be

payable by the purchasers.

VIEWING:

Unaccompanied viewings of the land are welcome on foot only during daylight hours providing a copy of the sales

particulars are to hand. Unaccompanied viewings are carried out at your own risk, care should be taken and please do

not climb gates, fences or other ancillary equipment on the land. Please adhere to the countryside code and ensure

that all gates are left closed.

Lot 1 Lot 2

LOT 1 (edged red on the attached plan)

Lot 1 extends to 24.09 acres (9.75 ha) or thereabouts of fertile meadowland, edged red on the attached sale plan. The

land is in good heart, benefitting from roadside access to each individual parcel and a mains water supply.

There are 9.75 EOUT Entitlements to be purchased, in addition to the purchase price of the land, at a price of £1,500

plus VAT (if applicable). There are no common rights attached to this land.

The purchaser is to be aware there is a mains water pipe from approx. point ‘Y’ to approx. point ‘Z’ on the attached

plan. This water pipe benefits a neighbouring landowner with whom there is a gentlemen’s agreement with the owner

of the field north of parcel 2071 for the water supply at a charge of £30 per annum. The land to the north of parcel

6069 has the benefit of a mains water supply from a trough (located at approx. point ‘W’ on the plan), there is a sub

meter fitted to this supply and the purchaser is entitled to charge for all water consumed through this sub meter. The

beneficiary of this water supply has the right to enter Lot 1 for repair and maintenance purposes.

The purchaser is to be aware that the hedge forming part of the boundary to the north of parcel 6069 is included in

the sale; however the owner of the land to the north of this parcel is responsible for the repair and maintenance of

the fence adjacent to the hedge.

Schedule

LOT 2

(edged blue on the attached plan)

Lot 2 extends to 9.39 acres (3.80 ha) or thereabouts of fertile meadow land, edged blue on the attached sale plan. The

land is in good heart, benefitting from roadside access to each individual parcel.

The purchaser has the right, at their own expense, to connect into the existing water supply pipe located on adjacent

land at the approx. position marked ‘WS’ on the sale plan subject to installing a sub-meter and paying the

neighbouring landowner for all water consumed together with a right of entry to inspect, maintain, repair, replace and

renew the same. The Purchaser will grant the neighbour a right of entry onto the land as far as necessary and upon

reasonable notice for inspection and reading of the sub-meter.

There are 3.80 EOUT Entitlements to be purchased, in addition to the purchase price of the land, at a price of £600

plus VAT (if applicable). The Common Rights on Newbiggin Fell attached to parcel number 4645 and the

auctioneers believe this may equate to approx. 2; however the purchaser is encouraged to make their own enquiries

and satisfy themselves.

Schedule

Parcel Ref. Area

(acres)

RLR Area

(ha) Description

SD5679 3950 2.37 0.96 Meadow

SD5679 4645 2.57 1.04 Meadow

SD5679 5344 4.45 1.80 Meadow

TOTAL 9.39 3.80

Parcel Ref. Area

(acres)

RLR Area

(ha) Description

SD5679 2071 5.83 2.36 Meadow

SD5679 4467 9.81 3.97 Meadow

SD5679 6069 8.45 3.42 Meadow

TOTAL 24.09 9.75

SALE PLAN (for identification purposes only - not to scale)

Plans reproduced from the Ordnance Survey Plan with the permission of the Controller of H.M. Stationery Office. Licence No. 100004708

GENERAL REMARKS AND STIPULATIONS LOCAL SERVICE AUTHORITIES:

Cumbria County Council, The Courts, Carlisle, CA3 8NA Tel: (01228) 23456

South Lakeland District Council, South Lakeland House, Lowther Street, Kendal, Cumbria, LA9 4DQ Tel: (01539) 733 333 Electricity North West – Parkside Road, Kendal. Tel (01539) 721301

United Utilities: Haweswater House, Lingley Mere Business Park, Great Sankey, Warrington. Tel 0845 746 2255

British Telecommunications plc, BT Centre, London. Tel: 0800 800 150.

“RPA” Rural Payments Agency, PO Box 352. Worksop, S80 9FG. Tel: 0300 020 0301

PARTICULARS OF SALE: The descriptive particulars (but not the stipulations and special conditions of sale) do not constitute, or constitute

any part of any offer or Contract and all statements made herein are made without responsibility on the part of the Auctioneers or the Vendor.

All intending purchasers should satisfy themselves as to their correctness. The Vendor does not make nor give and neither Richard Turner &

Son nor any person in their employment has any authority to make or give any warranty as to the land and property.

SALES PARTICULARS AND PLANS: The plan and quantities are based upon the latest available editions of the Ordnance Survey/Rural Land

Registry maps as revised by the Auctioneers. Such plan and quantities and these particulars are believed to be correct but any error or omission

or mis-statement shall not annul the sale nor entitle either party to compensation or in any circumstances give ground for any action at Law.

TENURE AND POSSESSION: The land and property is freehold and vacant possession will be given on completion.

SPORTING AND MINERAL RIGHTS: The mineral rights and sporting rights are included in the sale in so far as they are owned.

TIMBER AND WOOD: All growing timber and fallen timber are included in the sale.

FIXTURES AND FITTINGS: All fixtures and fittings are excluded from the sale, unless they are expressly stated as being included. The points

marked ‘G’ on sale plan one are gates belonging to the outgoing tenant and are specifically excluded from the sale.

TOWN PLANNING AND LOCAL LAND CHARGES: So far as the Vendor is aware the present use of the property is in accordance with the

Town and Country Planning Acts. No requisition shall be raised in regard to the user or otherwise in relation to the said Acts and the Vendor

shall not be required to give any further information in regard to the Town and Country Planning. The land is sold subject to:

a) all local and land charges and any requirements enforceable by any local or other Public Authority.

b) all encumbrances and other matters, the existence of which can or ought to be discovered by enquiry of any Local or other Public Authority

and the Purchaser shall not be entitled to any compensation or right of rescission in respect thereof.

RIGHTS AND EASEMENTS: The land is sold and will be conveyed with the benefit of and subject to the burden of all existing rights of way,

all rights for the installation and or continuance of any means of supply of water, gas or electricity, all rights for drainage and sewerage and any

other pipelines over or under the land, together with all necessary rights of access for maintenance, renewal and repair of any apparatus or

constructions in connection with such rights. Purchasers to note there is B4RN Fibre Optic cable passing through each lot along the

approximate route marked green on the sale plan.

OVERHEAD ELECTRICITY & TELEPHONE LINES & UNDERGROUND CABLES: The Purchaser of the land shall take it subject to such

wayleave as affects the same and shall be responsible to notify the appropriate authority of his interest.

FENCES & BOUNDARIES: The Purchaser of each lot will be required to maintain in stock proof condition the fences marked with a “T” on

the side of the fence to which it belongs. Where there is no fence built or existing, or, where the existing fence is not in reasonable repair, then

the Purchaser of the Lot with “T” marked on that side will be required to erect an adequate stock proof fence within three months of completion

and thereafter maintain it in a stock proof condition. The responsibility of fencing of the original boundary of the land has been marked

according to the best knowledge of the Vendor, but it is in no way guaranteed and intending Purchasers should make their own enquiries. Any

discrepancy in this respect shall not annul the sale nor give rise to any claim for compensation whatsoever

DISPUTES: Should any dispute arise before or after the date of completion between the Vendor and the Purchaser as to the interpretation of the

particulars, or any matter whatsoever arising therefrom, or thereout, that matter in dispute shall be referred to the arbitration of RICHARD

TURNER of Richard Turner & Son, Royal Oak Chambers, Main Street, Bentham, whose decision shall be final and binding on the parties in

dispute.

ORDER OF SALE: Whilst it is intended to offer the land in lots as catalogued the Vendor nevertheless reserves the right to either amalgamate,

divide or withdraw any Lot or Lots prior to the Auction Sale.

UNSOLD LOTS: In the event of any Lots remaining unsold the Vendor shall be entitled to exercise any rights or other matters over Lots

reserved in the Particulars, Stipulations or Conditions of Sale and shall hold subject to any such rights granted in favour of the Purchaser of any

other Lots.

CONDITIONS OF SALE: The Conditions of Sale WILL NOT be read out at the Auction Sale, but a copy thereof will be available for

inspection at the offices of the Vendors solicitors during normal hours for 14 days prior to the date of the Auction Sale.

INSURANCE: As from the date of sale/signing of the Contract, the property shall be at the sole risk of the purchaser(s) and he/they shall effect

his/their own insurance's accordingly.

EXCHANGE OF CONTRACTS AND COMPLETION: The Buyer will be required to pay a deposit amounting to 10% of the purchase price on

the fall of the hammer. It is anticipated that completion will take place within four weeks of exchange of contracts or as announced by the

Auctioneers prior to the Auction Sale.

LOCATION PLAN: (for identification purposes only - not to scale)

MISREPRESENTATION ACT 1967:

Richard Turner & Son, for themselves and for the vendors or lessors of these properties whose agents they are, give notice that these particulars

do not constitute any part of an offer or a contract. All statements contained in these particulars as to these properties are made without

responsibility on the part of Richard Turner & Son or the vendors or lessors, none of the statements contained in these particulars as to these

properties are to be relied on as statements or representations of fact and any intending purchasers or lessees must satisfy themselves by

inspection or otherwise as to the correctness of each of the statements contained in these particulars. The vendor or lessors do not make or give

and neither Richard Turner & Son nor any person in their employment, has any authority to make or give any representation of warranty

whatever in relation to these properties