Lot 3 - About 25.12 acres of grassland, divided into a number of enclosures by a mix of hedges and fences and is bounded by a stream with adjoining spinney.


Situation
Top Farm is situated within the charming hamlet of Dalbury, just under 2 miles from the very desirable village of Dalbury Lees, where there is a well-regarded public house, a village green and community hall. Local amenities can be found in the nearby villages of Etwall and Mickleover, although a wider range of facilities are available in the city of Derby, just 6 miles away. Ashbourne, the gateway to the Peak District National Park, is an attractive market town approximately 12.8 miles to the north-west. The stunning landscape of the area provides lots of opportunities for outdoor pursuits, including walking, riding, climbing, cycling, and sailing. Despite being set amidst prime Derbyshire countryside, the property is conveniently placed for access to the A38, A50 and A52, providing links to the M1 and M6 motorways and the wider Midlands’ road network. There is a mainline rail link from Derby to St Pancras.

Lot 3 comprises about 25.12 acres of grassland, divided into a number of enclosures by a mix of hedges and fences, and is bounded by a stream on the south eastern boundary. Shown
edged blue on the plan. The Lot includes a spinney of mixed specimen trees, including a number of hornbeams, adjoining the stream to and extending to circa 1.1 acres.

Overage
The farm is offered for sale with an overage clause whereby 25% of any increase in value due to development will be payable back to the vendors. Equestrian and agricultural development is excluded from this (bar grant of permission for dwellings subject to occupancy conditions) and so will not trigger overage. The term of the clause will be 40 years. Potential purchasers can put forward two offers, one for the property with the overage as advertised, and a second higher one to reflect what is being offered to purchase the land without overage.

Fixtures & Fittings
All fixtures, fittings and furniture such as curtains, light fittings, garden ornaments and statuary are excluded from the sale. Some may be available by separate negotiation.

Local Authority
South Derbyshire District Council.

Public Rights of Way, Wayleaves and Easements
A public footpath crosses the farm as shown with the hatched line on the sale plan across the land and between the house and barn conversions. The property is sold subject to all other rights of way, wayleaves and easements whether or not they are defined in this brochure.

Restrictive Covenants
Title DY497486 is subject to restrictive covenants from a previous sale. Further details available on request.

Note
The sale includes title no DY497486

Basic Payment Scheme and Countryside Stewardship Scheme
The property is registered with the Rural Payments Agency for the basic payment scheme. The vendors will be making a claim under the Basic Payment Scheme for the 2023 claim year. As a result of the delinking of BPS payments from land use, the entitlements will not be transferred to the incoming purchaser/s. The purchaser/s will indemnify the vendors against any breaches of cross compliance for the 2023 scheme year. The farm is subject to a Mid Tier Countryside Stewardship Scheme which we understand started on 01/01/2022 and expires on 31/12/2024. The purchaser(s) will be required to indemnify the vendor against any loss due to a breach of the requirements for the term of the scheme. Further details of the Countryside Stewardship Scheme are available from Fisher German.

Sporting and Mineral Rights
Minerals and Sporting Rights are excluded having been reserved to a previous owner.

Fencing Requirements
The purchaser of Lot 3 will be required to erect and maintain a stock proof fence in the north western corner of Lot 3 where there is an open boundary. This is to be carried out within four weeks of completion.

Plans and Boundaries
The plans within these particulars are based on Ordnance Survey data and provided for reference only. They are believed to be correct but accuracy is not guaranteed. The purchaser shall be deemed to have full knowledge of all boundaries and the extent of ownership. Neither the vendor nor the vendor's agents will be responsible for defining the boundaries or the ownership thereof.

Viewings
Strictly by appointment through Fisher German LLP.

Directions
Postcode – DE6 5BR
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From Derby, follow the A52 west turning left onto Radbourne Lane. Continue straight over the roundabout and on the same road until turning left at a cross roads with White House Farm on your right. Upon reaching Dalbury, Top Farm is on the left hand side before the road leads round to the right.