Hi there. More information about your situation is needed in order to properly advise you of your legal rights. The information below is of a general nature only. It may be relevant to your situation.

As a general rule, the law says that a person cannot sell something they do not own in the first place. If a person tries to sell something that he or she does not own, the law will generally not recognise that sale as being valid.

In your situation, you will have the right to sell the farming machinery that you legally own. Whether you legally own the machinery will depend on how you acquired it. If you acquired all the machinery from another person or business under a sale contract, then the terms of that contract will specify whether you gained ownership (or “title”) in the machinery. It will be necessary to review the actual terms of the contract to determine your current ownership rights and whether you can now sell any or all of the machinery.

Some contracts for the purchase of machinery and equipment operate as a “hire purchase” agreement. This means that the buyer takes possession of the equipment and pays for it over time through monetary instalments. The buyer does not legally “own” the equipment until all the instalments have been paid. Some or all of your farming machinery may be subject to this kind of arrangement. Again, the contract you signed with the seller will most likely explain what type of ownership rights you acquired in the machinery.