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Scammell and Densham's Law of Agricultural Holdings, 11th Edition

Scammell and Densham's Law of Agricultural Holdings, 11th Edition

Author: Peter R. Williams
Publisher: LexisNexis U.K.
ISBN: 9781474323376
Published In: February 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details
Written by leading experts, Scammell, Densham, and Williams Law of Agricultural Holdings 11th edition is an indispensable reference to the law which will be a must read for lawyers, land agents and surveyors practising in this area.

The 11th Edition has been comprehensively updated from the previous 2015 edition to include:
- All recent cases including Windsor-Clive v Rees (one Arbitration, four decisions of the High Court and one of the Court of Appeal); Carr v Evelyn (two decisions of the First-tier Tribunal); Procter v Procter (two High Court decisions and one of the Court of Appeal); Tuner v Jones (decisions of the County Court and the High Court)
- Outcomes from those cases, such as: the legal test applying to the timing of a Case B Notice to Quit; a landlord's right of access to carry out works associated with a development; whether arbitration proceedings can stop a tenant from defending possession proceedings; the requirements for the intention to create legal relations to establish a tenancy; a tenancy by conduct; whether a letting which included the development of a golf course remained an agricultural holding; whether a tenancy at will is protected under the Agricultural Holdings Act 1986; an assessment of financial standing for suitability for succession; the requirements for a landlord to make a case for sound estate management; the First-tier Tribunal's jurisdiction to award indemnity costs; the nature of a trust, where a tenancy is held on trust for a partnership; the financial entitlement of a partner on retirement from a partnership; the operation of estoppel by deed and estoppel and by grant in relation to the assignment of freehold titles; the law relating to concurrent leases; the law of merger; whether a Notice to Quit given to the original tenant is valid to terminate the tenancy of a company after assignment
- Analysis of further cases reported in both the First-tier Tribunal and the Agricultural Land Tribunal and the usual diet of further High Court and Court of Appeal cases impacting on the agricultural landlord and tenant sector
- Coverage of a large number of cases in relation to arbitration, including the first decision for a very long time establishing serious irregularity and unfair prejudice to enable an award to be set aside
- Commentary on the Agriculture Act 2020, which makes a number of important changes to the law of landlord and tenant including concerning the appointment of an arbitrator/expert, and in connection with a tenant's ability to vary the terms of a tenancy and changes in the law of succession
- Professor Michael Cardwell who, with Jeremy Moody of the CAAV, updates and wholly replaces the existing chapter 65 in the 10th Edition relating to Europe to reflect the post-Brexit world
Scammell, Densham & Williams Law of Agricultural Holdings 11th edition provides a comprehensive, practical, accessible, and authoritative coverage of agricultural property for all practitioners.
Section 1. Protection of Agricultural Holdings Tenants

Section 2. Agricultural Tenancies Act 1995

Part I - Introduction
Part II - Formation of a Farm Business Tenancy
Part III - The Tenancy Agreement
Part IV - Termination of a Farm Business Tenancy
Part V - Fixtures and Compensation for Improvements
Part VI - Miscellaneous

Section 3. Agricultural Holdings Act 1986

Part I - Security of Tenure
Part II - The Tenancy Agreement
Part III - Termination of a 1986 Act Tenancy
Part IV - Succession on Death or Retirement of Tenant
Part V - Compensation on Quitting
Part VI - Miscellaneous

Section 4. Enforcement and Notices

Section 5. Creation of Additional Rights

Section 6. Dispute Resolution

Section 7. The Common Agricultural Policy

Appendix I - Legislation

Part 1 Statutes
Part 2 Statutory Instruments
Part 3 European Union Legislation

Appendix II - Forms and Precedents

Part 1 - Farm Business Tenancies under the 1995 Act
Part 2 - Agricultural Holdings under the 1986 Act

Appendix III - Arbitration
Peter Williams

Founding Partner of Ebery Williams LLP