By A. Sydenham
This concise and well-established operating consultant for landowners, farmers and their advisers explains the legislations at the possession, profession and use of agricultural land. crucial legislation for Landowners and Farmers presents a useful resource of sound recommendation, clarifying the advanced difficulties dealing with landowners this day, and explaining the legislations governing their solution. during this significant re-creation, all of the chapters were re-written and a number of other additional, to mirror the big adjustments within the legislation over the past 11 years - from the hot entry to open land to environmental matters and the advent of the farm company tenancy. Designed for speedy and simple reference, the ebook concentrates on problems with major relevance to landowners and now with yet another examining part, this booklet is an important unmarried resource of steerage on land law.According to Lord Plumb, writing at the final variation, interpreting it might probably stay clear of a lot 'dispute and false impression ... argument and bloodshed'.
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Extra resources for Essential Law for Landowners & Farmers
Sample text
1 Rent Principles The underlying principle of the legislation, namely freedom of contract, is reflected in the provisions on rent. The parties are free to agree the initial rent, whether or not this will be reviewable and, if so, the dates and frequencies of any such reviews. However, if the contract makes provision for an upward only rent review, then the tenant can demand that the matter be referred to arbitration. The arbitrator can determine the rent only on an open market basis. 2 Fixed rent The parties may agree that the rent will remain the same throughout the term (section 9(a) Agricultural Tenancies Act 1995).
Failure to do so will mean that rent or service charge due from the farm business tenant of the landlord will not be due until such notice is served. 1 Introduction The law of agricultural holdings is extremely technical and complex. In particular, attention must be paid to the prescribed forms and time limits. This chapter can only give a superficial outline of the legislation. 2 Definitions The current legislation protecting agricultural tenants whose tenancies pre-date 1 September 1995 is the Agricultural Holdings Act 1986.
Additional compensation of a further four years' rent may be claimed where the landlord is recovering possession for non-agricultural purposes. If no ground is stated the landlord will be liable to pay this additional compensation no matter what the actual ground is for possession (sections 60 and 61 Agricultural Holdings Act 1986). 7 High farming Section 70 of the Agricultural Holdings Act 1986 allows claims for high farming but these provisions are seldom relied on in practice. 8 Game damage The tenant of an agricultural holding can claim compensation from his landlord if his crops are damaged by any wild animals or birds that the landlord (or anyone claiming under him) has the right to kill, provided that the tenant has not permission in writing to kill them (section 20 Agricultural Holdings Act 1986).