Land for sale

METHOD OF SALE
Penston Farm is offered for sale as a whole or in 3 lots. Lots 2 & 3 will not be sold prior to the sale of Lot 1.

There are four cottages located to the south east of the farmhouse which are available to purchase in addition. Further details are available from the Selling Agents.

LOT 3: AN AREA OF LAND EXTENDING TO ABOUT
17.61 HA (43.51 ACRES)
The land in Lot 3 extends in total to about 17.61 Ha (43.51 Acres) and is located to the east of Macmerry and west of Macmerry Industrial Estate. The land has been predominantly classified by the James Hutton Institute as Grade 2 and 3.1. The land overall lies between 92m on the northern boundary adjacent to the A199 and rises to 106m above sea level on the southern boundary. The land is readily accessible by two field gates located on the eastern boundary onto the minor public road which links the A199 to the B6363. The land is currently farmed as part of the arable rotation at Penston Farm, and although not currently zoned within the East Lothian Council Local Development Plan, the land may present future opportunities in relation to the longer term development of the settlement boundary of Macmerry to the east subject to obtaining necessary planning and change of use consents. A submission has been presented to East Lothian Council in relation to the allocation of the land for residential use as part of the emerging East Lothian Local Development Plan 2. Further details are available from the selling agents or East Lothian Council .

LOCAL AUTHORITY
East Lothian Council
John Muir House
Brewery Park
Haddington
East Lothian
EH41 3HA
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IACS

All the farmland is registered for IACS purposes.
NITRATE VULNERABLE ZONE (NVZ)
Field 8 and all of the land to the south and east of B6363 within Lot 1 is included within the Edinburgh, East Lothian and Borders Nitrate Vulnerable Zone.

BASIC PAYMENT SCHEME ENTITLEMENTS (BPSE)
2025
Any payments relating to the 2025 scheme year will be retained by the Seller. If applicable, the Purchaser(s) will be responsible upon occupation of the subjects of sale to comply fully with the Statutory Management Requirements to maintain the farmland in Good Agricultural and Environmental Condition (GAEC) as laid down under the Cross Compliance rules of the Basic Payment Scheme Entitlements (BPSE) 2025 for the remainder of the scheme year. The Seller may enter discussions with the Purchaser to transfer
the right to receive the Basic Payment Scheme Entitlements (BPSE) in addition to the heritable property by separate negotiation. Further details are available from the Selling Agents.

LESS-FAVOURED AREA SUPPORT SCHEME (LFASS)
None of the land has been designated as being within a Less-Favoured Area.

SGRPID
Cotgreen Road
Tweedbank
Galashiels
TD1 3SG
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MINERALS
The mineral rights are included insofar as they are owned by the Seller.

TIMBER
All fallen and standing timber is included in the sale insofar as it is owned by the Seller.

SPORTING RIGHTS
The sporting rights are included insofar as they are owned by the Seller.

INGOING VALUATION
The Purchaser(s) of Penston Farm shall, in addition to the purchase price, be obliged to take over and pay for at a valuation to be agreed by a mutually appointed valuer(s) with respect to the following:
1. All cultivations and growing crops on a seeds, labour, lime, fertiliser, sprays and machinery basis with an increment representing the enhanced value of the establishment and age of such crops.
2. All feed stuffs, hay, straw, fodder, roots, silage and farmyard manure and other produce at market value.
3. All oils, fuel, fertilisers, sprays, chemicals, seeds, and sundries at cost.
Note: If the amount of the valuation has not been agreed on the date fixed for completion, then the Purchaser shall pay to the Seller such a sum as the Selling Agents shall certify on account at the valuation pending agreement. Should the payment not be made within seven days then the interest will become payable on outstanding monies at 8% over Bank of Scotland borrowing rate.

DEPOSIT
A deposit of 10% of the purchase price shall be paid within seven days of completion of Missives. Deposit will be non-refundable in the event of the Purchaser failing to complete for reasons not
attributable to the Seller or their Agents.

POSSESSION AND ENTRY
Vacant possession and entry will be given on completion or such mutual time to be agreed by the Seller and the Purchaser(s).

THIRD PARTY RIGHTS AND SERVITUDES
There is a core path which follows the private track leading west from the B6363 directly south of farm buildings following the route A-B. There is a further core path which leads west from the neighbouring Butterdean Plantation along the boundaries of fields 12 and 13 onto the B6363.

There are two gas pipes crossing fields 6, 13 and 14. There are two water mains which flow north east to the reservoir south of Macmerry, crossing fields 7 and 6. There is further 3rd mains water pipe which leads east from reservoir which follows the road A-B, and then follows the public road. There are two mains electricity cables which lead from the substation north west of field 13, crossing fields 2, 4 and 5 towards Macmerry with the second following the B6363 crossing fields 13.
Scottish Water benefit from a right of access along the access track A-B. There is a fibre optic cable crossing land forming Lot 1 which follows internal road A-B. The Sellers reserve the right to grant any required wayleaves and or servitudes rights of access across the subjects of sale for the benefit of adjoining land forming West Bank farm to the west of Penston farm, and land to the north of modern grain shed at Penston, which is owned by them for all purposes including unrestricted right of vehicle access over the internal farm track labelled A-B on the sale plan, and additional services that may
be required to service the said adjoining land to the west of the subjects of sale for its current and any future use.

In the event the property is sold in lots a deed of conditions will be drawn up governing all access, services, media, boundaries and maintenance.

The subjects are sold together with, and subject to, all existing rights of way, servitudes, wayleaves and others whether contained in the Title Deeds or otherwise, and purchasers will be deemed as having satisfied themselves in respect thereof.

POST CODE
EH33 2AJ

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Lot 3:
VIEWING
Strictly by appointment with the Selling Agents.

HEALTH & SAFETY
The property is an agricultural holding and appropriate caution should be exercised at all times during inspection particularly in reference to the farm buildings, farmland and water courses.

EPC Rating = E