Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If you keep horses, or own land that someone else wants to use for horses, the paperwork between you matters more than most people realise. The right agreement sets out who pays what, who is responsible when things go wrong, and what happens when the arrangement ends.
Get it wrong and you can accidentally create security of tenure, tax complications, or disputes that are expensive to unpick. Get it right and both sides know where they stand from day one. This guide walks through the main types of grazing, stabling and equine land agreements used in England and Wales, what each one is designed for, and the questions worth thinking about before you sign anything.
I have kept the language plain so that landowners, horse owners and yard operators can each see where they sit in the picture.
What this document is
A grazing or stabling agreement is a written arrangement that lets one party keep horses on land or premises owned by another. The label matters because different structures carry different legal consequences. A licence gives permission to use land but stops short of giving the user exclusive possession of it, which is usually what landowners want when they are keen to avoid creating a tenancy.
A lease or tenancy, by contrast, grants exclusive possession for a defined period and may bring the arrangement within agricultural tenancy legislation, particularly the Agricultural Tenancies Act 1995 where a farm business tenancy is involved. Separate from these land-based agreements, a livery agreement is a services contract: the yard agrees to house and care for a horse in return for fees, and the horse owner is paying for services rather than renting a piece of land.
Choosing the correct structure affects tax, insurance, termination rights and liability if a horse escapes, is injured, or causes damage.
How to use this document
Work out what the land or premises is really being used for. Grazing only, grazing plus stabling, a commercial livery business, or a riding school all sit in different legal boxes. Be honest about the intended use, because a document that describes grazing when the reality is a commercial yard will not hold up if challenged.
Decide between a licence and a tenancy. If the landowner wants to keep control of the land, retain access and avoid granting exclusive possession, a grazing licence is usually the better fit. If the arrangement is long term and commercial, a farm business tenancy may be more appropriate and will need to comply with the Agricultural Tenancies Act 1995.
Set out the practical terms clearly. The document should cover the payment, duration, notice periods, the number and type of horses permitted, responsibility for fencing, water, muck management, worming, and what happens in bad weather. Vague wording here is where most disputes start.
Deal with insurance and liability head on. Make clear who insures the horses, who insures the land and buildings, and who carries public liability cover. Equine activity carries real risk, and both sides should check their policies actually respond to the arrangement they are signing up to.
Plan the exit before you sign the entrance. Agree how either party ends the arrangement, how much notice is required, what condition the land or stables must be left in, and how disputes will be handled. A well drafted termination clause saves a lot of grief when circumstances change.
Q What is the difference between a grazing licence and a grazing lease?
A grazing licence gives permission to graze horses on land without granting exclusive possession, so the landowner keeps control and can usually end it more flexibly. A lease or tenancy grants exclusive possession for a set term and can bring statutory protections into play. The right choice depends on how long the arrangement will run and how much control the landowner wants to keep.
Q Does a grazing agreement need to be in writing?
There is no absolute legal requirement for every grazing arrangement to be written down, but in practice a written document is strongly recommended. Verbal arrangements leave both sides exposed if there is a dispute about payment, duration, responsibility for fencing or what happens at the end. A short written agreement is almost always worth the time it takes to prepare.
Q When is a Farm Business Tenancy the right document?
A Farm Business Tenancy under the Agricultural Tenancies Act 1995 suits arrangements where the land is used for a commercial agricultural or equine business, and where both parties want a longer term structure. It carries specific notice requirements and conditions, so it is not the right tool for a casual summer grazing arrangement with a neighbour.
Q What should a livery agreement actually cover?
A good livery agreement sets out the level of care provided, whether full, part or DIY, the fees and how they are reviewed, turnout arrangements, responsibility for vet and farrier costs, insurance requirements, rules about visitors and use of facilities, and how either party can end the arrangement. Clear expectations on both sides reduce the chance of fallings out.
Q Can I run a riding school or commercial livery yard under a normal residential lease?
Usually not. Commercial equine activity on leased premises generally needs a business lease that reflects the commercial use, planning position and insurance requirements. Trying to run a commercial yard under a residential or informal agreement can breach the terms of the lease and cause problems with planning, insurance and tax.
Q Who is responsible if a horse escapes from the land?
Liability depends on the terms of the agreement and the circumstances. The Animals Act 1971 can place strict liability on keepers in certain situations. Agreements should make clear who is responsible for maintaining fencing and gates, and both parties should carry appropriate public liability insurance to cover incidents involving escaped horses, damage to third parties or road accidents.
Q Are there tax implications to consider?
Yes. The tax treatment can differ between grazing licences, farm business tenancies and livery businesses, and it can affect business rates, VAT, and agricultural property relief for inheritance tax purposes. Anyone entering a long term or commercial arrangement should take proper tax guidance before settling on the structure, as small drafting choices can have meaningful tax consequences.
The gap between a licence, a farm business tenancy and a livery contract is small on paper but large in practice, and picking the wrong one can create problems that take years to untangle. An experienced legal adviser can talk you through the options and help you think about what fits your arrangement, based on what you describe on the call.
✓A plain-English explanation of the main agreement types based on what you describe
✓Practical perspective on which structure tends to suit your specific situation
✓Points to watch out for around notice, liability and insurance in your circumstances
✓Clarity on the questions worth resolving before you put anything in writing
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.