Who really owns the land?
Before planting vines or purchasing land, it’s essential to confirm who actually owns the land. This is important when you are considering taking or granting a tenancy and also if you are considering selling or purchasing land.
Additionally, you need to know who really owns the land if you are looking to expand, restructure or refinance your existing vineyard. If you are considering opening a winery or tasting room, do you have the necessary ownership of or rights of way over the accessway to allow members of the public to visit the winery? Early discussions on issues such as this are likely to be better than waiting for the neighbour to receive a copy of your planning application and therefore, early legal advice is crucial before making big decisions.
Can you actually grow grapes there?
Not all land is automatically suitable for viticulture. This is not just in terms of the soil type or physical characteristics of the land. Planning permission may be required for planting vines, building wineries, or opening tasting rooms. From planning permissions to land use regulations, early legal consultation ensures your vineyard complies with local requirements and may avoid costly delays.
Protecting nature versus growing wine
Environmental regulations affect many development proposals and can affect land uses and compliance with environmental protections may be an opportunity to showcase your vineyard’s commitment to sustainability and the environment. In some cases, you may even require an Environmental Impact Assessment (EIA) before planting vines. Our legal experts can help you navigate biodiversity and nutrient neutrality rules and check the ever-changing environmental regulations before considering planting or expanding your vineyard.
Selling wine isn’t simple
Selling wine requires specific licences for wholesale, retail, and tastings. Non-compliance with these requirements can result in fines or business closure. Our lawyers can check the licence requirements for new businesses and help existing winemakers to maintain their records and audit their current licences to ensure there is no interruption to your business.
Who’s responsible for what?
Clear contracts are essential when working with investors, suppliers, or co-owners to avoid disputes. If you are setting up a business or partnership, you need to consider how best to protect your interests and your investment. Our viticulture team can help you draft agreements that define roles, responsibilities and profit-shares or review any existing agreements or update these to reflect changes in business structures or partnerships over the years.
Planning for the future
Our lawyers can help with inheritance planning so avoid unexpected costs or disputes. You should seek advice on tax implications and consider long-term succession planning to protect your assets and your vineyard. In order to preserve the vineyard for future generations, you may need to consider succession plans under existing tenancy agreements or locations of any winery or tasting room.
Protecting your assets
Protecting your intellectual property (IP) is crucial for safeguarding your innovation, reputation and brand. Legal advice helps you secure intellectual property rights, reinforcing your brand’s reputation and value in a competitive market.
Whether you’re planting your first vine or expanding an existing vineyard, expert legal advice is key to supporting you and your viticulture business in growth, sustainability, and offering you peace of mind before making a large investment. Our experienced viticulture team can assist with all aspects of the above and please do get in touch if you have any questions.
Key Contacts
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at September 2025.