More Irish farmland than ever is farmed by someone other than its owner β through long-term leases, conacre and informal family arrangements. The law increasingly rewards the written version and penalises the handshake: reliefs, schemes and dispute-avoidance all now point the same way. We draft and review leases and conacre agreements for landowners and for farmers taking land.
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 clientsβ accountants when implementing farm transfers.
Long-Term Leases
Long-term leasing has become the backbone of land mobility in Ireland, encouraged by an income tax exemption on qualifying lease income with thresholds that rise with the length of the term. The lease itself must be properly drafted: term, rent and reviews, entitlements, upkeep obligations, reinstatement and termination. Where the lease is a step in a succession plan β for example, formalising a letting so that active-farmer conditions can be met on a later transfer β the term and parties must be set with that plan in view. Read more: the long-term leasing exemption explained.
Conacre and Short-Term Lettings
Conacre still suits many situations β seasonal grazing, tillage lettings, keeping options open. But it should be documented: parties, lands, period, payment, use and reinstatement. And it should be the right tool: repeated year-on-year conacre where the owner has stepped back entirely may sit badly with relief conditions on a future transfer, where a formal lease could sit well. We advise on which structure fits, with your accountant confirming the tax side. Compare the options in conacre vs long-term lease.
Formalising Family Arrangements
The most common instruction we receive in this area is quietly urgent: a parent has retired, a son or daughter has farmed the home place informally for years, and the family has learned that the informality could cost them on the transfer. Converting the arrangement into a written lease or licence β or a farm partnership where both generations remain involved β is usually straightforward and is central to modern succession planning.
Put the Letting in Writing
A properly drafted lease or conacre agreement protects the land, the income and the transfer to come.
Call 01 5827148