Solar developers have optioned large tracts of Irish farmland, concentrated where grid capacity and sunshine align. The income can be multiples of agricultural rent, and the documents can bind your land for thirty years or more. The single most important thing to understand: the deal is decided at option stage, when the developer needs your signature — not at lease stage, when you are already bound to grant it.
Mary Molloy Solicitors are solicitors, not tax advisors. Tax information on this page is general in nature. You should obtain advice from a qualified tax advisor or accountant on your specific circumstances; we regularly work alongside clients’ accountants when implementing farm transfers.
The Option: Where Leverage Lives
The option gives the developer exclusive rights over your land for a period of years (often extendable) while they pursue planning and a grid connection — and annexes the full lease you are pre-committing to grant. Negotiate now: the option fee and its escalation, the length and extensions of the option period, what investigations the developer may carry out, your freedom to farm meanwhile, and every term of the annexed lease. After signature, requests become favours.
The Lease: The Clauses That Matter at Year 20
- Rent mechanics: indexation or review method, the area rent is paid on, construction-phase payments, and any revenue share — tested against a 30-year horizon;
- Demise v retained land: exactly what is leased, and tightly-drawn easements (not blank cheques) for cables, access and grid works over what you keep;
- Continued farming: express rights to graze or use land around and under infrastructure, if that is the deal;
- Assignment: the project will change hands — your protections must bind successors;
- Decommissioning: removal to defined depths, restoration standards, and security (bond/escrow) that outlives the tenant company;
- Mortgages and consents: your bank’s consent, and the priority arrangements the funder will demand.
The Succession Question Nobody Asks in Time
A solar lease changes what the next generation inherits — and can change how reliefs treat the land on a transfer or inheritance, under provisions specific to solar with their own limits. A lease negotiated purely as an income deal can quietly complicate the succession plan the family has been building for a decade. Bring the question in at option stage: your accountant on the relief treatment, us on the option, lease and easements — see our solar and wind lease service. And remember the developer’s “standard documents” are standard for them, not for you: compare the leasing fundamentals in land leasing and conacre.
Option Agreement on the Kitchen Table?
Send it to us before you sign. Option stage is the only stage at which the terms can genuinely be improved.
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About the Author
Richard O’Shea TEP, Solicitor practises with Mary Molloy Solicitors (established 1981), advising farming families across Ireland on farm transfers, succession planning, wills, probate and agricultural property matters. As a STEP-qualified Trust and Estate Practitioner, Richard specialises in the legal structuring of intergenerational farm transfers, working alongside each family’s accountant and tax advisor. Contact Richard on 01 5827148 or richardoshea@marymolloysolicitors.com.
This article is for general information only and does not constitute legal advice. Every farm and family situation is different, and you should obtain advice on your own circumstances before acting. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.