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John Clegg & Co CHARTERED SURVEYORS & FORESTRY AGENTS FLASS & HARECLEUGH Westruther, Berwickshire 303.64 Hectares / 750.29 Acres
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Page 1: FLASS & HARECLEUGH - s3-eu-west-1. · PDF fileWAYLEAVES & THIRD PARTY RIGHTS The property will be leased with the benefit of, and subject to, all existing title conditions, servitude

John Clegg & CoCHARTERED SURVEYORS & FORESTRY AGENTS

FLASS & HARECLEUGHWestruther, Berwickshire

303.64 Hectares / 750.29 Acres

Page 2: FLASS & HARECLEUGH - s3-eu-west-1. · PDF fileWAYLEAVES & THIRD PARTY RIGHTS The property will be leased with the benefit of, and subject to, all existing title conditions, servitude

FLASS & HARECLEUGH

Duns 12 miles Coldstream 20 miles Berwick 25 miles Edinburgh 36 miles(Distances are approximate)

Page 3: FLASS & HARECLEUGH - s3-eu-west-1. · PDF fileWAYLEAVES & THIRD PARTY RIGHTS The property will be leased with the benefit of, and subject to, all existing title conditions, servitude

John Clegg & Co2 Rutland Square, Edinburgh EH1 2AS

Tel: 0131 229 8800Ref: Fenning Welstead

SavillsEarn House, Broxden Business Park,

Lamberkine Dr, Perth PH1 1RATel: 01738 477 520

Ref: Alastair Gemmell

An extensive commercial conifer plantation now approaching its productive stage. Spruce crops established during the mid-1980s. Located close to established timber markets in South Scotland.

LEASEHOLD FOR SALE AS A WHOLE

Offers Over £2,250,000

JOINT SELLING AGENTS

Flass & Harecleugh 303.64 Hectares / 750.29 Acres

Page 4: FLASS & HARECLEUGH - s3-eu-west-1. · PDF fileWAYLEAVES & THIRD PARTY RIGHTS The property will be leased with the benefit of, and subject to, all existing title conditions, servitude
Page 5: FLASS & HARECLEUGH - s3-eu-west-1. · PDF fileWAYLEAVES & THIRD PARTY RIGHTS The property will be leased with the benefit of, and subject to, all existing title conditions, servitude

LOCATIONFlass & Harecleugh is located to the north of the village of Westruther on the southern slopes of the Lammermuir Hills. The town of Lauder lies approximately 8 miles to the west, with Duns approximately 12 miles to the east.

The property is shown on the location and sale plans within these particulars and can also be found on OS Map Sheet 1:50,000, Number 74. The main forest entrance at point A is at Grid Reference NT624529.

ACCESSWestruther is on the B6456, a short distance from the A697 trunk road. The B6456, leading west from Westruther, is an Approved timber haul road. From the centre of the village, a minor public road leads north to Flass Farm, which is a Consultation Route to point A1. From here a servitude right over the private road, shown A1-A2-A3, provides access to the forest. There are rights to upgrade and maintenance is according to user. There is an additional right of access shown A1 to A4, but, although passable, has not been developed for heavy traffic.

Internal access is provided by a network of sound forestry roads that will require upgrading before intensive timber operations commence. It is recommended that four-wheeled-drive vehicles are used for site inspections.

DESCRIPTION Flass & Harecleugh was planted in two phases. The first plantings were on Flass in 1984, with the adjoining Harecleugh established during 1986 to 1988. The predominant species is Sitka spruce with small proportions of Hybrid larch, Douglas fir, Scots pine and mixed broadleaved species to add diversity and visual amenity.

The terrain is one of gentle slopes and the entire site is workable by wheeled machinery. Please note that the northern edge of the plantation was realigned in recent years as part of an improvement to the grouse moor edge. The area being leased will include the remaining commercial plantation but excludes the area that has been converted back to open ground.

Growth rates are variable across the site, with the best of the crops now approaching harvesting. The following table gives a summary of the crop.

For further information and compartment plans, please contact the Selling Agents.

LEASE TERMSFlass & Harecleugh is being sold as leasehold. The basic terms of the lease are:

Term: 99 years Rent: peppercorn Rent Reviews: none Use: forestry only

The lease will terminate at any point after the 99 year period, subject to the landlord giving at least six months’ notice in writing. The landlord can either regain possession of the entire leased subjects by paying compensation for crops growing at that stage, or can wait for renunciation of individual sections of the leased subjects as and when they are harvested. It is anticipated that the tenant will, therefore, be able to exploit the existing crops and, possibly, three further rotations during the term of the lease.

For further details and to discuss the lease terms, please contact the Selling Agents.

SPORTING RIGHTS The sporting rights will be retained by the Landlord. The forest adjoins actively managed grouse moorland and accordingly the Landlord wishes to keep control over wildlife management. Suitable arrangements for the control of animals injurious to trees will be agreed with the incoming Tenant. Further information may be obtained from the Selling Agents.

BOUNDARIESThe boundaries are generally demarcated by stock fences. Maintenance of these is on a joint and equal basis with the neighbouring proprietors.

MINERAL RIGHTSThe mineral rights will be reserved out of the lease, but the tenant will have full access to stone on site for the purpose of road construction and maintenance. This will be available free of charge.

WAYLEAVES & THIRD PARTY RIGHTSThe property will be leased with the benefit of, and subject to, all existing title conditions, servitude and wayleave rights whether public or private and all burdens whether contained within the Title Deeds or otherwise. The purchaser(s) will be held to have satisfied themselves as to the nature of all such servitude rights and others following examination of the Title Deeds. The property will also be leased subject to the rights of public access under the Land Reform (Scotland) Act 2003.

DESIGNATIONS The water courses that flow south-eastwards from Harecleugh are part of the River Tweed SSSI and SAC.

Parts of the cleared land are now classified as part of the Integrated Habitat Network and Core Native Woodland.

WOODLAND GRANTSFlass & Harecleugh is currently managed through a Long Term Forest Plan – RDC Case Number 4569613. The long term vision is to restructure and convert this simple plantation into a woodland with a higher level of biodiversity and habitat. One of the primary aims is encouragement of the revival of Black grouse populations in this vicinity. The Plan provides for significant felling over the next 10 years. A new owner of the crop may choose to vary this Plan. A copy of the document is available from the Selling Agents.

For further information on current grants available for Woodland Management, please visit the FCS and Scottish Government websites:• http://www.forestry.gov.uk/scotland• https://www.ruralpayments.org/publicsite/futures

AUTHORITIES

LOCATION Flass & Harecleugh is located to the north of the village of Westruther on the southern slopes of the Lammermuir Hills. The town of Lauder lies approximately 8 miles to the west, with Duns approximately 12 miles to the east. The property is shown on the location and sale plans within these particulars and can also be found on OS Map Sheet 1:50,000, Number 74. The main forest entrance at point A is at Grid Reference NT624529. ACCESS Westruther is on the B6456, a short distance from the A697 trunk road. The B6456, leading west from Westruther, is an Approved timber haul road. From the centre of the village, a minor public road leads north to Flass Farm, which is a Consultation Route to point A1. From here a servitude right over the private road, shown A1-A2-A3, provides access to the forest. There are rights to upgrade and maintenance is according to user. There is an additional right of access shown A1 to A4, but, although passable, has not been developed for heavy traffic. Internal access is provided by a network of sound forestry roads that will require upgrading before intensive timber operations commence. It is recommended that four-wheeled-drive vehicles are used for site inspections. DESCRIPTION Flass & Harecleugh was planted in two phases. The first plantings were on Flass in 1984, with the adjoining Harecleugh established during 1986 to 1988. The predominant species is Sitka spruce with small proportions of Hybrid larch, Douglas fir, Scots pine and mixed broadleaved species to add diversity and visual amenity. The terrain is one of gentle slopes and the entire site is workable by wheeled machinery. Please note that the northern edge of the plantation was realigned in recent years as part of an improvement to the grouse moor edge. The area being leased will include the remaining commercial plantation but excludes the area that has been converted back to open ground. Growth rates are variable across the site, with the best of the crops now approaching harvesting. The following table gives a summary of the crop.

For further information and compartment plans, please contact the Selling Agents. LEASE TERMS Flass & Harecleugh is being sold as leasehold. The basic terms of the lease are: Term: 99 years Rent: peppercorn Rent Reviews: none Use: forestry only

The lease will terminate at any point after the 99 year period, subject to the landlord giving at least six months’ notice in writing. The landlord can either regain possession of the entire leased subjects by paying compensation for crops growing at that stage, or can wait for renunciation of individual sections of the leased subjects as and when they are harvested. It is anticipated that the tenant will, therefore, be able to exploit the existing crops and, possibly, three further rotations during the term of the lease. For further details and to discuss the lease terms, please contact the Selling Agents. SPORTING RIGHTS The sporting rights will be reserved by the landlord but the tenant will have concurrent rights to control species injurious to trees. BOUNDARIES The boundaries are generally demarcated by stock fences. Maintenance of these is on a joint and equal basis with the neighbouring proprietors. MINERAL RIGHTS The mineral rights will be reserved out of the lease, but the tenant will have full access to stone on site for the purpose of road construction and maintenance. This will be available free of charge.

WAYLEAVES & THIRD PARTY RIGHTS The property will be leased with the benefit of, and subject to, all existing title conditions, servitude and wayleave rights whether public or private and all burdens whether contained within the Title Deeds or otherwise. The purchaser(s) will be held to have satisfied themselves as to the nature of all such servitude rights and others following examination of the Title Deeds. The property will also be leased subject to the rights of public access under the Land Reform (Scotland) Act 2003. DESIGNATIONS The water courses that flow south-eastwards from Harecleugh are part of the River Tweed SSSI and SAC. Parts of the cleared land are now classified as part of the Integrated Habitat Network and Core Native Woodland. WOODLAND GRANTS Flass & Harecleugh is currently managed through a Long Term Forest Plan – RDC Case Number 4569613. The long term vision is to restructure and convert this simple plantation into a woodland with a higher level of biodiversity and habitat. One of the primary aims is encouragement of the revival of Black grouse populations in this vicinity. The Plan provides for significant felling over the next 10 years. A new owner of the crop may choose to vary this Plan. A copy of the document is available from the Selling Agents. For further information on current grants available for Woodland Management, please visit the FCS and Scottish Government websites: • http://www.forestry.gov.uk/scotland https://www.ruralpayments.org/publicsite/futures AUTHORITIES Forestry Commission Scotland South Scotland Conservancy Weavers’ Court Forest Mill Selkirk TD7 5NY Tel: 0300 067 6007

Scottish Borders Council Council Headquarters Newtown St Boswells Melrose TD6 0SA Tel: 01835 824000

VIEWING Viewing is possible at any time during daylight hours so long as potential purchasers are in possession of a copy of this sale brochure. Please close all gates at all times and for your own personal safety please be aware of potential hazards within the woodland when viewing

Species n/a 1984 1986 1987 Area (Ha)Sitka spruce 155.06 38.77 87.77 281.60Scots pine 5.00 5.00Douglas fir 2.90 2.90Mixed broadleaves 0.50 1.80 2.30Hybrid larch 1.00 1.20 2.20Open ground 9.64 9.64Total 9.64 155.06 40.27 98.67 303.64

Planting Year

Forestry Commission Scotland South Scotland ConservancyWeavers’ CourtForest MillSelkirk TD7 5NYTel: 0300 067 6007

Scottish Borders Council Council HeadquartersNewtown St BoswellsMelroseTD6 0SATel: 01835 824000

Page 6: FLASS & HARECLEUGH - s3-eu-west-1. · PDF fileWAYLEAVES & THIRD PARTY RIGHTS The property will be leased with the benefit of, and subject to, all existing title conditions, servitude

VIEWINGViewing is possible at any time during daylight hours so long as potential purchasers are in possession of a set of these sale particulars. There is a combination lock on the gate and parties wishing to view are required to contact the Selling Agents to get the combination code. Please close all gates at all times and for your own personal safety please be aware of potential hazards within the woodland when viewing.

OFFERSIf you wish to make an offer on this property or would like us to inform you of a closing date for offers, it is important that you notify us in writing of your interest. Offers in Scottish Legal Form are to be submitted to the Selling Agents.

In addition, any offer presented must be accompanied with certified proof of identity of the offeror and his/her residential address, before acceptance of the offer can be confirmed. Further information can be obtained from the Selling Agents, or from HMRC at:

• https://www.gov.uk/guidance/money-laundering- regulations-your-responsibilities

JOINT SELLING AGENTSJohn Clegg & Co, 2 Rutland Square, Edinburgh, EH1 2AS; Tel: 0131 229 8800. Ref: Fenning Welstead.

Savills Earn House, Broxden Business Park, Lamberkine Dr, Perth PH1 1RA Tel: 01738 477 520 Ref: Alastair Gemmell.

SELLER’S SOLICITORSGillespie MacAndrew, 5 Atholl Crescent, Edinburgh, EH3 8EJ; Tel: 0131 225 4519. Ref: Alan White.

TAXATIONAt present, all revenue from timber sales is Income and Corporation Tax free. There is no Capital Gains Tax on growing timber, although there may be a liability on the land. Under the Inheritance Tax regime, 100% Business Property Relief should be available on commercial woodlands. VAT is charged on forestry work and timber sales, although its effect is neutral if managed as a business. Government grants are received tax free with the exception of farm woodland and subsidy payments.

IMPORTANT NOTICEJohn Clegg & Co & Savills (here after referred to as the Joint Selling Agents), their members, employees and clients give notice that:1. These particulars (prepared in August 2017) and all statements, areas, measurements, plans, maps, aspects, distances or references to condition form no part of any offer or contract and are only intended to give a fair overall description of the property for guidance. The Joint Selling Agents will not be responsible to purchasers, who should rely on their own enquiries into all such matters and seek professional advice prior to purchase. 2. Neither these particulars nor any subsequent communication by the Joint Selling Agents will be binding on its clients, whether acted upon or not, unless incorporated within a written document signed by the sellers or on their behalf, satisfying the requirements of section 3 of the Requirements of Writing (Scotland) Act 1995. 3. The sellers do not make or give, and neither the Joint Selling Agents nor its members or employees nor any joint agent have any authority to make or give, any representation or warranty in relation to the property. 4. The property (which may be subject to rights of way, servitudes, wayleaves and others) will be sold as per the title deeds, which may differ from these particulars. Photographs may depict only parts of the property, which may not have remained the same as when photographed. 5. Where reference is made to grant schemes, planning permissions or potential uses, such information is given by the Joint Selling Agents in good faith, but purchasers should rely on their own enquiries into those matters. 6. Prospective purchasers should be aware of the influence and effect the Wildlife and Countryside Act 1981, Nature Conservation (Scotland) Act 2004 and the Wildlife and Natural Environmental (Scotland) Act 2011 along with any statutory designations, may have on the property, including rights of public access under the Land Reform (Scotland) Act 2003. 7. The sellers will not be obliged to accept the highest, or indeed any, offer and may at any time accept an offer or withdraw the property from the market. Neither the sellers nor the Joint Selling Agents will be responsible for any costs incurred by interested parties.

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A4

A1

A3

A2

0 100 500 1000metres

Sole Selling Agents

John Clegg & CoChartered Surveyors & Forestry Agents

2 Rutland Square Edinburgh EH1 2ASTel 0131 229 8800 Fax 0131 229 4827

email: [email protected]

This plan is only for the guidance of intending purchasers. Although believed to be correct, its accuracy is not guaranteed and it does not form any part of any contract.Reproduced by permission of Ordnance Survey on behalf of The Controller of Her Majesty’s Stationery Office Crown copyright. All rights reserved. Licence number 100020416

FLASS & HARECLEUGHWESTRUTHER

SCOTTISH BORDERSN

Page 8: FLASS & HARECLEUGH - s3-eu-west-1. · PDF fileWAYLEAVES & THIRD PARTY RIGHTS The property will be leased with the benefit of, and subject to, all existing title conditions, servitude

TEL. 0131 229 8800

John Clegg & Co is a trading name of Strutt & Parker LLP, a limited liability partnership, registered in England and Wales with registered number OC334522.

Its registered office is at 13 Hill Street, Berkeley Square, London W1J 5LQ.

TEL. 01738 477 52


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