"...the third edition of Agricultural Law has consolidated its position as an excellent work which is highly recommended" Environmental Law Review, November 2009
This unique book provides guidance on all aspects of the law governing agricultural property. It gives detailed coverage not only of farm tenancy law and land tenure, but also of the law governing land use. Accessible and user-friendly, it is essential reading for all professionals involved in agricultural property work, be they lawyers, land agents, agricultural valuers or surveyors.
The latest edition of this acclaimed text is just as practical and straightforward as the first two editions, and is now even more comprehensive. Thoroughly updated and revised, this new second edition takes account of all major legislative changes and developments, including:
- Changes to farm tenancy law following the Tenancy Reform Industry Group report
- The Natural Environment and Rural Communities Act 2006
- The 2006 Agricultural Waste and Environment Impact Assessment regulations
- Nature conservation and pollution control measures affecting modern agriculture
- CAP reform and the implementation of the single farm payment in England and Wales
An expanded Appendix on Dispute Resolution includes the Agricultural Land Tribunals Rules 2007, the new prescribed forms for tribunal proceedings and the Arbitration Act 1996, with procedural checklists.
Reviews:
A knock at the door. Great excitement. It is the postman with the newly published third edition of Professor Christopher Rodgers’ Agricultural Law. Just the thing for an easy summer read on the beach. It is what Private Eye would describe as a rattling good yarn. The reviewer read the book from cover to cover and there constantly came to mind the lines from Oliver Goldsmith’s The Deserted Village
"And still they gaz’d, and still the wonder grew,
That one small head could carry all he knew."
It must be rare for an academic, or a practising lawyer, to be an expert in such a range of agricultural topics: land tenure, nature conservation, pollution control, the single farm payment and dairy quotas. Here they are all clearly explained, with background information on the history and policy objectives and examples of how these different areas of law impinge on one another.
The book is up to date, practical and relevant. It is divided into three sections.
Section 1 Introduction
Chapter 1 gives an historical introduction of the development of agricultural tenancies from the origins of statutory intervention to the implementation of the TRIG reform proposals in 2006.
Chapter 2 gives an historical introduction to the controls on land use , both domestic and European and describes the effect EC environmental law has on agriculture.
Section 2 Land tenure
Chapters 3 and 4 give a succinct and clear account of farm business tenancies. The differences in the provisions between tenancies under the Agricultural Tenancies Act 1995 and tenancies governed by the Agricultural Holdings Act 1986 are highlighted. It is reassuring to find no significant case law on the 1995 statutory provisions.
The amendments (and the reasons for them), relating to the termination of farm business tenancies, rent reviews and compensation, made by the Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 to the Agricultural Tenancies Act 1995 are discussed under the appropriate headings.
Particularly useful is the section on the implications of the single farm payment on the drafting of clauses in tenancy agreements to protect the interests of landlords and tenants.
Chapters 5 to 9 deal with tenancies under Agricultural Holdings Act 1986 .Although most of the law will be familiar to agricultural practitioners these Chapters include new case law and the TRIG amendments relating to the application of the 1986 Act to new tenancies, rent reviews, succession tenancies, end of term compensation and arbitration.
Chapter 10 covers the esoteric subject of market gardens, allotments and smallholdings.
Chapter 11 is concerned with the complex area of housing law insofar as it relates to tied cottages . These may be held as a protected agricultural occupancy, an assured agricultural occupancy or an assured shorthold tenancy. The different rules and terminology are described with admirable clarity.
