Grazing Licence Template for the United Kingdom
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What is a Grazing Licence?
A grazing licence is a short-term agreement that permits a grazier to graze livestock on a landowner's land for a limited period without granting exclusive possession or a tenancy. It is commonly used for seasonal grazing arrangements and is designed to avoid the security of tenure that can arise under agricultural tenancy legislation. Because a licence conveys only a personal permission rather than an interest in land, drafting must be careful to reflect the true nature of the arrangement.
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Frequently Asked Questions
What is the difference between a grazing licence and a farm business tenancy?
A grazing licence grants only personal permission to graze without exclusive possession, whereas a farm business tenancy gives the tenant an interest in the land and can carry statutory protections. If a licence in practice gives exclusive possession, a court may treat it as a tenancy regardless of its label.
How long can a grazing licence last?
Grazing licences are typically short-term and often cover a single grazing season, with a fixed start and end date. Keeping the term genuinely limited helps demonstrate that the arrangement is a licence rather than a tenancy.
Does the grazier gain any long-term rights to the land?
A properly drafted grazing licence does not give the grazier a lasting interest or security of tenure, only permission to graze for the agreed period. Care is needed because repeated or ongoing arrangements can risk being characterised as a tenancy.
Who is responsible for the livestock and any damage they cause?
The grazier is normally responsible for the care, welfare, and control of the livestock and for damage they cause, and should hold appropriate insurance. These responsibilities should be set out clearly in the licence.
Does this template apply across the whole of the UK?
This guidance focuses on the position in England and Wales, and property and agricultural tenancy law differs in Scotland and Northern Ireland. You should confirm the correct approach for the relevant jurisdiction before finalising any agreement.
About the Grazing Licence
A Grazing Licence usually covers the following.
- Parties and land description: Identify the landowner and the grazier and clearly describe the land by address, plan, and reference where possible.
- Grant of licence: State that the landowner grants a personal, non-exclusive licence to graze livestock and that no tenancy or exclusive possession is intended.
- Term and duration: Set out a fixed, limited period, often for a grazing season, with a clear start and end date to avoid creating a periodic arrangement.
- Permitted use and livestock: Specify the type and maximum number of livestock permitted and confine use strictly to grazing rather than wider agricultural activity.
- Licence fee and payment: Record the fee payable, the payment dates, and any VAT position or method of calculation.
- Grazier obligations: Cover good husbandry, maintenance of stock-proof fencing, weed and pest control, and compliance with animal health and welfare requirements.
- Landowner responsibilities and reserved rights: Confirm the landowner retains control and access to the land and reserve rights to carry out works or enter as needed.
- Insurance and liability: Require the grazier to hold adequate insurance and allocate liability for damage, injury, or loss caused by the livestock.
- Termination: Include grounds and notice provisions for ending the licence, including breach and expiry of the term.
GOVERNING LAW
Applicable law
This Grazing Licence is drafted to comply with United Kingdom law. Key legislation includes:
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