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Scammell, Densham & Williams: Law of Agricultural Holdings 11th ed

ISBN13: 9781474323376
Previous Edition ISBN: 9781474312301
Published: March 2023
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback
Price: £310.00

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Written by leading practitioners, in a convenient bound format, it is an indispensable reference to the law which will be helpful to 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.