agricultural tenancies

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The Law of Agricultural Tenancies 4th Edition Volumes I & II

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

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TheThe Law Law of Agricultural of Agricultural Tenancies, Tenancies, 4th4th Edition Edition

The TheLaw LawofofAgricultural Agricultural Tenancies Tenancies, 4th , 4thEdition Edition Volumes Volumes I &I & II II Greens Greens Practice Practice Library Library The The RtRt Hon Hon Lord Lord Gill Gill

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

The The reason reason the the 4th 4th edition edition now now exists exists asas a 2a volume 2exists volume onsubject. the subject.

Due towhy itswhy extended size the 4th edition now set, set, forfor legislation legislation and and the other other forfor the the author’s author’s insightful and and asone aone 2 volume set, one forthe legislation and the other insightful for the author’s essential essential commentary. commentary.

CONTENTS CONTENTS The The Agricultural Agricultural Holdings Holdings ActAct 2003 2003 has has resulted resulted in in completely completely new new forms forms of of tenancy tenancy and and amended amended laws laws relating relating to to holdings, holdings, resulting resulting in in anan overhaul overhaul of of this this major major work. work.

There There is now is now increased increased emphasis emphasis onon thethe historical historical background background to to tenancies, tenancies, providing providing a complete a complete overview overview of of thethe development development of of thethe law law and and anan understanding understanding of of itsits current current standing. standing.

The The content content has has also also expanded expanded significantly significantly with with chapters chapters increasing increasing from from 3939 to to 7676 in in number number and and with with entirely entirely new new parts parts included included on:on: • • Short Short Lived Lived Duration Duration Tenancies Tenancies and and Limited Limited Duration Duration Tenancies Tenancies • • Jurisdiction, Jurisdiction, Procedure Procedure and and Evidence Evidence The The text text includes includes up-to-date up-to-date case case law law and and a full a full appendices appendices of of relevant relevant legislation legislation asas a second a second volume, volume, making making it the it the complete complete source source of of information. information.

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

The The RtRt Hon. Hon. Lord Lord Gill Gill is is recognised recognised asas Scotland’s Scotland’s premier premier and and authoritative authoritative expert expert inin the the field field ofof agricultural agricultural law. law.

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PARTII PART INTRODUCTIONAND ANDHISTORICAL HISTORICALREVIEW REVIEW INTRODUCTION Introduction––General GeneralConsiderations Considerations 11 Introduction LegislativeHistory History 22 Legislative The2003 2003Act Act 33 The PART PARTIIII 1991 1991ACT ACTTENANCIES TENANCIES 44 The TheAgricultural AgriculturalHolding Holding 55 The TheParties Partiestotothe theLease Lease 66 The TheLease Lease 77 Partnership PartnershipLeases Leases 88 Written WrittenLeases Leasesand andVariation VariationofofTerms Terms 99 Assignation Assignation 10 10 Subletting Subletting 11 11 Tacit TacitRelocation Relocationand andSecurity SecurityofofTenure Tenure 12 Record of the Holding 12 Record of the Holding 13 13 Fixed FixedEquipment Equipment 14 Removal 14 RemovalofofFixtures Fixturesand andBuildings Buildings 15 General Principles of Husbandry and Estate Management 15 General Principles of Husbandry and Estate Management 16 Husbandry of the Holding 16 Husbandry of the Holding 17 Management of the Holding 17 Management of the Holding 18 Muirburn 18 Muirburn 19 Environmental Restrictions on Agricultural Use 19 Environmental Restrictions on Agricultural Use 20 Diversification 20 Diversification 21 Game 21 Retention Game 22 and Withholding of Rent 22 Retentionofand 23 Variation RentWithholding of Rent 23 Variation of 24 Resumption Rent 24 Termination Resumptionof Tenancy: Introduction 25 25 Irritancy Termination of Tenancy: Introduction 26 26 Contractual Irritancy termination of tenancy 27 27 Termination Contractualby termination of tenancy 28 Notice under the 1991 Act 28 Termination by Notice under the 1991 29 Notice to Quit not Subject to Land CourtAct consent 29 Notice to Quit not Subject to Land consent 30 Notice to Quit subject to Land Court Court consent 30 Notice to Quit subject to Land Court consent

31 Notice to Quit when Holding Sold 31 32 Notice to Quit when Holding Notice to Quit part of the Sold Holding 32 32 Notice to Quit part of the Holding Removings 32 34 Removings Tenant’s Waygoing Rights 34 35 Tenant’s Waygoing Rights Tenant’s Waygoing Valuations 35 36 Tenant’s Waygoing Valuations Sheepstock Valuations 36 37Sheepstock Valuations Compensation for Improvements 37 38 Compensation for Improvements Compensation for High Farming 38 39 Compensation for High Farming Compensation for Diversification 39 Compensation for Diversification and Cropping of Trees and Cropping of Trees 40 Compensation for Milk Quota 40 Compensation for Milk Quota 41 Compensation for Disturbance and Additional 41 Compensation for Disturbance and Additional Payment for Reorganisation Payment for Reorganisation 42 Compensation for Yielding Vacant Possession 42 Compensation for Yielding Vacant Possession 43 Compensation for Compulsory Acquisition 43 Compensation for Compulsory Acquisition other Related Compensations andand other Related Compensations 44 Compensation for Dilapidation Deterioration 44 Compensation for Dilapidation andand Deterioration Market Gardens 45 45 Market Gardens Right to Buy 4646 TheThe Right to Buy 47 Testate Succession to Tenancies 47 Testate Succession to Tenancies 48 Intestate Succession to Tenancies 48 Intestate Succession to Tenancies 49 Notices and Agreements: General Requirements 49 Notices and Agreements: General Requirements PART PART III III SHORT LIMITED DURATION TENANCIES SHORT LIMITED DURATION TENANCIES ANDAND LIMITED DURATION TENANCIES LIMITED DURATION TENANCIES Constitution Prolongation of Tenancy – SLDT 5050 Constitution andand Prolongation of Tenancy – SLDT Constitution Prolongation of Tenancy – LDT 51 51Constitution andand Prolongation of Tenancy – LDT Written Leases Revision of Leases 52 52 Written Leases andand Revision of Leases 53 53 Assignation andand subletting Assignation subletting 5454 Tenant’s useuse of the landland Tenant’s of the 55 55 Fixed equipment Fixed equipment 5656 Retention andand withholding of rent Retention withholding of rent 57 57 Variation of rent Variation of rent 5858 Resumption Resumption 5959 Irritancy Irritancy 6060 Termination of tenancy – LDT Termination of tenancy – LDT 61 61Compensation – General Provisions Compensation – General Provisions 62 62 Compensation claims (SLDT andand LDT)LDT) Compensation claims (SLDT 63 63 Compensation claims (LDT) Compensation claims (LDT) 6464 Testate Succession to Tenancies Testate Succession to Tenancies 6565 Intestate Succession to Tenancies Intestate Succession to Tenancies PART IV PART IV LEASES FOR GRAZING OR MOWING LEASES FOR GRAZING OR MOWING 66 The Lease for Grazing or Mowing 66 The Lease for Grazing or Mowing PART V PART V JURISDICTIONS AND PROCEDURE JURISDICTIONS AND PROCEDURE 67 Historical Introduction Historical Introduction 6867 Land Court Jurisdictions 68 Land Court Jurisdictions 69 Land Court Remedies 69 Land Court Remedies 70 Land Court Practice 70 Land Court Practice 71 Jurisdiction of the Court of Session 71 Jurisdiction of the Court of Session 72 Other Jurisdictions Jurisdictions 73 72TheOther appropriate forum 73 The appropriate 74 Arbitration and ADRforum – jurisdictions Arbitration and ADR – jurisdictions 75 74Arbitration Practice Practice 76 75 TheArbitration Scottish Ministers 76 The Scottish Ministers

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The Law of Agricultural Tenancies 4th Edition Volumes I & II

9780414015012

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

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(001) V10 (04.2014) / AB / KS / --

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