McCarthy v Bence and others
Language: English Series: Estates Gazette ; (1990) 17 EG 78-82(3)Publication details: 1990Subject(s): Summary: CA 15 December 1989. Appeal by the McCarthy (M), owner of a dairy herd, from a decision granting possession of land to Bence (B). At issue was whether a " share milking agreement " gave rise to a tenancy of an agricultural holding , and whether despite an express statement to the contrary in the written part of an agreement, exclusive possession had been granted by the owner of the land subject to the milking agreement. Held, on appeal, M did not have exclusive possession of the land and therefore was not a tenant, neither did he occupy the land under a licence which could be converted to a tenancy under the Agricultural Holdings Act 1986 s2(2)(b) , as he did not enjoy exclusive occupation . Appeal dismissed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS42735 (Browse shelf(Opens below)) | 1 | Available | 38632-1001 |
CA 15 December 1989. Appeal by the McCarthy (M), owner of a dairy herd, from a decision granting possession of land to Bence (B). At issue was whether a " share milking agreement " gave rise to a tenancy of an agricultural holding , and whether despite an express statement to the contrary in the written part of an agreement, exclusive possession had been granted by the owner of the land subject to the milking agreement. Held, on appeal, M did not have exclusive possession of the land and therefore was not a tenant, neither did he occupy the land under a licence which could be converted to a tenancy under the Agricultural Holdings Act 1986 s2(2)(b) , as he did not enjoy exclusive occupation . Appeal dismissed.