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

Author: Peter R. Williams
Publisher: LexisNexis U.K.
ISBN: 9781474323376

Previous Edition ISBN: 9781474312301
Published In: March 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
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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