The property transferred may not be within the definition of agricultural property ( IHTM24030) when considered in isolation but be within the definition when considered as part of the transferor’s estate as a whole immediately before the transfer. An example is a transfer of a farmhouse by a transferor who retains the land to which it is appropriate ( IHTM24036). You may need to consider whether the property transferred is agricultural property at different dates, and possibly with different results
Whether the property transferred, such as a farmhouse, is agricultural property at the time of the transfer has to be considered in relation to the transferor's estate as a whole, immediately before the transfer. So, the transfer of a farmhouse by itself can qualify for relief at the time of the transfer provided it satisfies the appropriate character requirements in IHTA84/S115 (2) as part of the transferor's agricultural estate immediately before the transfer as well as satisfying the conditions for ownership ( IHTM24100) and occupation ( IHTM24070) for the purposes of agriculture ( IHTM24060). Example 2 at IHTM24174 shows the reverse situation.
