agricultural tenancies

REUTERS /Phil Noble

THE LAW OF AGRICULTURAL TENANCIES 4TH EDITION Volumes I & II Greens Practice Library The Rt Hon Lord Gill

W. GREEN

The Law of Agricultural Tenancies, 4th Edition

The Law of Agricultural Tenancies , 4th Edition Volumes I & II Greens Practice Library The Rt Hon Lord Gill

The law of agricultural tenancies has grown and developed significantly since the previous edition of Lord Gill’s principal text on the subject.

Due to its extended size the 4th edition now exists as a 2 volume set, one for legislation and the other for the author’s essential commentary.

The Agricultural Holdings Act 2003 has resulted in completely new forms of tenancy and amended laws relating to holdings, resulting in an overhaul of this major work. There is now increased emphasis on the historical background to tenancies, providing a complete overview of the development of the law and an understanding of its current standing. The content has also expanded significantly with chapters increasing from 39 to 76 in number and with entirely new parts included on: • Short Lived Duration Tenancies and Limited Duration Tenancies • Jurisdiction, Procedure and Evidence The text includes up-to-date case law and a full appendices of relevant legislation as a second volume, making it the complete source of information.

Most importantly it contains the insight of an author widely acknowledged as the principal authority on agricultural law in Scotland, which makes this title central to all those dealing with agricultural tenancies, including solicitors, agricultural valuers and arbiters, who will find it necessary to have these answers and insight to hand.

The Rt Hon. Lord Gill is recognised as Scotland’s premier and authoritative expert in the field of agricultural law.

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CONTENTS PART I INTRODUCTION AND HISTORICAL REVIEW 1 Introduction – General Considerations 2 Legislative History 3 The 2003 Act PART II 1991 ACT TENANCIES 4 The Agricultural Holding 5 The Parties to the Lease 6 The Lease 7 Partnership Leases 8 Written Leases and Variation of Terms 9 Assignation 10 Subletting 11 Tacit Relocation and Security of Tenure 12 Record of the Holding 13 Fixed Equipment 14 Removal of Fixtures and Buildings 15 General Principles of Husbandry and Estate Management 16 Husbandry of the Holding 17 Management of the Holding 18 Muirburn 19 Environmental Restrictions on Agricultural Use 20 Diversification 21 Game 22 Retention and Withholding of Rent 23 Variation of Rent 24 The Right to Buy 25 Resumption 26 Termination of Tenancy: Introduction 27 Contractual termination of tenancy 28 Irritancy 29 Termination by Notice under the 1991 Act 30 Notice to Quit not Subject to Land Court consent

31 Notice to Quit subject to Land Court consent 32 Notice to Quit when Holding Sold 33 Notice to Quit part of the Holding 34 Removings 35 Tenant’s Waygoing Rights 36 Tenant’s Waygoing Valuations 37 Sheepstock Valuations 38 Compensation for Improvements 39 Compensation for High Farming 40 Compensation for Diversification and Cropping of Trees 41 Compensation for Milk Quota 42 Compensation for Disturbance and Additional Payment for Reorganisation 43 Compensation for Yielding Vacant Possession 44 Compensation for Compulsory Acquisition and Related Compensations 45 Compensation for Dilapidation and Deterioration 46 Market Gardens 47 Testate Succession to Tenancies 48 Intestate Succession to Tenancies 49 Notices and Agreements: General Requirements PART III SHORT LIMITED DURATION TENANCIES AND LIMITED DURATION TENANCIES 50 Constitution and Prolongation of Tenancy – SLDT 51 Constitution and Prolongation of Tenancy – LDT 52 Written Leases and Revision of Leases 53 Assignation and Subletting 54 Tenant’s Use of the Land 55 Fixed Equipment 56 Retention and Withholding of Rent 57 Variation of Rent 58 Resumption 59 Irritancy 60 Termination of Tenancy – LDT 61 Compensation – General Provisions 62 Compensation Claims (SLDT and LDT) 63 Compensation Claims (LDT) 64 Testate Succession to Tenancies 65 Intestate Succession to Tenancies PART IV LEASES FOR GRAZING OR MOWING 66 The Lease for Grazing or Mowing PART V JURISDICTIONS AND PROCEDURE 67 Historical Introduction 68 Land Court Jurisdictions 69 Land Court Remedies 70 Land Court Practice 71 Jurisdiction of the Court of Session 72 Other Jurisdictions 73 The Appropriate Forum 74 Arbitration and ADR – Jurisdictions 75 Arbitration Practice 76 The Scottish Ministers

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