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An agricultural tie, land, or a smallholding

A restriction on who may occupy the house, the amount of land that comes with it, and whether any of it earns money are three separate questions. This sets out what one provider publishes on each, including a threshold above which only the house and its immediate garden are valued.

Three separate things that get treated as one. A paddock with two horses on it has almost nothing in common with a tie on the deeds, and they are assessed completely differently.

Equity release may involve a lifetime mortgage, secured against your property, or a home reversion plan. It will reduce the value of your estate and impact funding long-term care.

How this page is kept
Written by
Equity Release Facts editorial
Last checked
6 September 2026
Next review
6 March 2027

Three questions, not one

Work out which of these you actually have before you read any further. Most people have one of them, not all three, and the one you have decides who you need to speak to.

A restriction on who may live there

An agricultural occupancy condition, or a covenant on the title, limiting the house to somebody working or last working in agriculture or forestry locally. It is a planning and legal question and it sits on the property, not on you.

Your solicitor reads the wording. A planning consultant advises on it.

The amount of land

Acreage on its own is not a restriction. It changes which criteria apply and, above a threshold, what gets valued. A large garden and a smallholding are not the same thing to a lender even when they are the same size.

A valuer, and an adviser who knows which products have acreage limits.

Whether anything earns money

Commercial use is assessed separately again, and it is drawn widely: the criteria quoted here include renting land to somebody else. Grazing let to a neighbour is income even when it does not feel like a business.

You, first. It is the question you can answer honestly today and it changes the shape of the conversation.

Above five acres, the land may not be valued at all

Above five acres, this lender considers only the house and the garden immediately around it. The land is not counted. If your property is worth what it is worth because of the acreage, the figure a valuer puts on it for this purpose can be a great deal lower than the figure in your head, and the maximum you could release moves with it.

That is not a refusal and it is not a reason to give up. It is a reason to find out early, because it changes the arithmetic rather than the answer.

Above 5 acres, what is considered

“the value of the house and immediate garden area”

Legal & General’s published lending criteria, opened 6 September 2026. One provider on one date. Other lenders set their own thresholds and some publish none at all.

What one lender publishes

Legal & General’s own words, opened 6 September 2026, grouped by what they say happens. This is a dated example of how such rules are written. It is not a market standard, it is not evidence of what any other provider would do, and it is not a decision about your property.

Declined
  • “Properties with onerous restrictive covenants (for example; agricultural ties)”
  • “Where any part of the property is used for farming (arable or pastoral), providing any form of commercial income including renting of land to other parties”
  • “Small holdings”
  • “Livestock kept for commercial purposes”
Referred
  • “Where livestock are kept for non-commercial gain”
  • “Land beyond 10 acres, subject to the same restrictions on ties and commercial activity”
Accepted
  • “Up to 10 acres, subject to no agricultural ties or commercial activity”

Read the first column carefully. “Providing any form of commercial income including renting of land to other parties” is drawn widely enough to catch grazing let to a neighbour, which most people would not think of as farming. That is worth knowing before an application rather than during one.

Where these criteria come from
  1. 01 Legal & General · opened 6 September 2026 Lifetime mortgage lending criteria (Legal & General) Every position quoted on this page, including the acreage bands and the wording about what is valued above five acres. One provider on one date.

Before you speak to anybody

The acreage and the income question you can answer today. The wording of any restriction is one question to your solicitor, and it is the one that decides most of this.

Worth knowing

Equity release requires repaying any existing mortgage. Money released, plus accrued interest, would need to be repaid upon death or moving into long-term care.

What we are not telling you

We cannot interpret your covenant, and neither can an adviser. The wording differs on every title and reading it is a solicitor’s job. We are also not telling you whether a restriction can be lifted: there are established planning routes, they turn on the facts of your property and your council’s policy, and they are a matter for a planning consultant. Nothing here is a decision about whether your property would be accepted.

Worth finding first
  • The exact wording of any restriction Your title, from your solicitor or an official copy from the Land Registry. The wording differs on every title and it is the wording that matters, not the label.
  • Whether it is a planning condition or a covenant Your solicitor, or the planning history on your council's website. They are different instruments with different routes and people confuse them constantly.
  • How many acres, measured rather than remembered Your title plan. There are published thresholds at five and at ten acres in the criteria on this page, so a rough figure is not good enough.
  • Whether any part of it produces income Your own accounts. Grazing let to a neighbour, a field rented out, livestock sold. All of it counts as commercial in the wording quoted here.
  • What the land is actually used for now Your own account. Two horses on a paddock is a different fact from a working holding, and the criteria distinguish them.
  • Any planning history on the dwelling Your council's planning portal, searchable by address. If anything has ever been applied for on the condition, it will be there.

Questions worth asking

The first and the last are for a solicitor and a planning consultant. The middle three are for an adviser.

  1. 01

    What exactly does my restriction say, and is it a planning condition or a covenant?

    For your solicitor. The two are different instruments with different consequences, and no page can read your title for you.

  2. 02

    Above five acres, what would actually be valued?

    The published criteria here consider only the house and immediate garden above that threshold. Ask early, because it changes the figure rather than the answer.

  3. 03

    Does letting grazing to a neighbour count as commercial income?

    On the wording quoted on this page it does. Worth establishing before an application rather than during one.

  4. 04

    Which lenders, if any, publish criteria my property could meet?

    For an adviser with the whole market. One lender declining is one lender's position on one date.

  5. 05

    Is there anything to be done about the restriction, and who would I ask?

    A planning consultant and a solicitor. There are established routes and none of them is a matter for us, an adviser or a lender.

Read next

What has changed on this page
  1. First publication. Legal & General's published criteria opened the same day and read for agricultural ties, land and commercial use specifically.
How this page is kept
Written by
Equity Release Facts editorial
Last checked
6 September 2026
Next review
6 March 2027
Checked 10 September 2026
[6.20%]lowest lump sum rate, fixed for life[lender rate sheets] [6.44%]lowest drawdown rate[lender rate sheets] 43.5%most you could release at 70LTV schedule, July 2026 54%most you could release at 80 or overLTV schedule, July 2026 55Legal & General's youngest applicantL&G lending criteria, 6 September 2026 £0to pay each month unless you choose tosubject to lender terms [6 to 8 weeks]typical time from application to money £70,000Legal & General's minimum for a houseL&G lending criteria, 6 September 2026

Questions people ask about this

Short answers to the things that come up most. None of it is advice, and every figure on this page carries its source.

Are these all the same problem?

No, they are three separate things and they get assessed separately: a restriction on who may live there, the acreage, and whether any part of it produces income. Sorting out which one you actually have is most of the work.

What is an agricultural tie?

An occupancy condition or a covenant limiting the house to somebody working or last working in agriculture or forestry locally. One lender publishes that properties with onerous restrictive covenants, giving agricultural ties as the example, are declined.

How much land is too much?

One lender publishes acceptance up to 10 acres subject to no agricultural ties or commercial activity, and refers land beyond 10 acres. There are published thresholds at five and at ten acres, so a rough figure is not good enough.

What happens to the valuation above five acres?

That lender considers the value of the house and immediate garden area. The land is not counted. If your property is worth what it is worth because of the acreage, the figure can be very different from what you expect, which is a reason to find out early rather than a refusal.

Does letting a field to a neighbour count as commercial?

On the wording quoted here, yes. The criterion covers any part of the property used for farming providing any form of commercial income, including renting land to other parties. Grazing let to a neighbour is income even when it does not feel like a business.

Worth knowing

Equity release may involve a lifetime mortgage, secured against your property, or a home reversion plan. It will reduce the value of your estate and impact funding long-term care.

Talk it through with an adviser

Takes about two minutesFree, no obligation, and nothing committed

One qualified equity release adviser. They will go through your figures and tell you if there is a better answer. It costs nothing and commits you to nothing.

Advice is required to proceed with equity release and there may be other options which better suit your circumstances. Only if your case completes would an advice fee be payable, and the adviser will tell you what theirs is before you commit to anything. Other lender and solicitor fees may apply.

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