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This concise and well-established working guide for landowners, farmers and their advisers explains the law on the ownership, occupation and use of agricultural land. Essential Law for Landowners and Farmers provides an invaluable source of sound advice, clarifying the complex problems facing landowners today, and explaining the law governing their resolution. In this major new edition, all the chapters have been re-written and several added, to reflect the enormous changes in the law over the last eleven years - from the new access to open land to environmental issues and the introduction of the farm business tenancy. Designed for quick and easy reference, the book concentrates on issues of prime relevance to landowners and now with a further reading section, this book is an essential single source of guidance on land law.According to Lord Plumb, writing on the last edition, reading it could avert much 'dispute and misunderstanding ... argument and bloodshed'.
E-Book Content
Essential Law for Landowners and Farmers fourth edition Angela Sydenham Birketts Solicitors, Ipswich
Bruce Monnington Country Land and Business Association
Andrew Pym Chartered Surveyor
Blackwell Science
Essential Law for Landowners and Farmers Fourth Edition
Essential Law for Landowners and Farmers fourth edition Angela Sydenham Birketts Solicitors, Ipswich
Bruce Monnington Country Land and Business Association
Andrew Pym Chartered Surveyor
Blackwell Science
© 2002 by Blackwell Science Ltd, a Blackwell Publishing Company Editorial Offices: Osney Mead, Oxford OX2 OEL, UK Tel: +44 (0) 1865 206206 Blackwell Science, Inc., 350 Main Street, Maiden, MA 02148-5018, USA Tel: +1 781 388 8250 Iowa State Press, a Blackwell Publishing Company, 2121 State Avenue, Ames, Iowa 50014-8300, USA Tel: +1 515 292 0140 Blackwell Science Asia Pty, 54 University Street, Carlton, Victoria 3053, Australia Tel: +61 (0)3 9347 0300 Blackwell Wissenschafts Verlag, Kurfurstendamm 57, 10707 Berlin, Germany Tel: +49 (0)30 32 79 060 The right of the Author to be identified as the Author of this Work has been asserted in accordance with the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as permitted by the UK Copyright, Designs and Patents Act 1988, without the prior permission of the publisher.
First Edition published by Granada Publishing - Technical Books Division 1980 Second Edition published by Collins Professional and Technical Books 1987 Third Edition published by BSP Professional Books 1990 Fourth Edition published by Blackwell Science 2002 Library of Congress Cataloging-in-Publication Data is available ISBN 0-632-05796-3 A catalogue record for this title is available from the British Library Set in 10/12pt Sabon by DP Photosetting, Aylesbury, Bucks Printed and bound in Great Britain by MPG Books Ltd, Bodmin, Cornwall For further information on Blackwell Science, visit our website: www.blackwell-science.com
Cover illustration courtesy of Nigel Farthing, Birketts Solicitors
In Memoriam Michael Gregory
Contents
Preface to the fourth edition 1 Introduction to Land Law 1.1 General principles 1.2 The legal estates 1.3 Legal interests 1.4 Equitable interests 1.5 Registration of title 2 Farm 2.1 2.2 2.3 2.4 2.5 2.6 2.7
Business Tenancies Introduction Meaning of farm business tenancy Termination of a farm business tenancy Rent Fixtures and compensation Dispute resolution Notices
xi 1 1 2 3 4 6 12 12 12 17 19 23 27 29
3 Agricultural Holdings Act Tenancies 3.1 Introduction 3.2 Definitions 3.3 The tenancy agreement 3.4 Fixed equipment 3.5 Rent