Strachan v Robertson-Coupar
Strachan v Robertson-Coupar
- 1989
- Scots Law Times 1989 SLT 488-491(4) .
First Division 1 February 1989. A farmer raised an action to confirm that he was the tenant of lands farmed by him under a lease and used by him as agricultural land from year to year. He claimed that he had an arrangement with the deceased proprietors of the lands whereby they allowed him to take a cereal crop from certain fields under a rotation system in return for rent . He never occupied more than 4 out of nine fields in any one year and never occupied the same 4 fields in the next year. The rent was calculated annually on the basis of acreage. The fields not occupied by him were occupied by a separate party under a similar agreement. It was held that this did not constitute a lease and therefore did not create the relationship of landlord and tenant.
First Division 1 February 1989. A farmer raised an action to confirm that he was the tenant of lands farmed by him under a lease and used by him as agricultural land from year to year. He claimed that he had an arrangement with the deceased proprietors of the lands whereby they allowed him to take a cereal crop from certain fields under a rotation system in return for rent . He never occupied more than 4 out of nine fields in any one year and never occupied the same 4 fields in the next year. The rent was calculated annually on the basis of acreage. The fields not occupied by him were occupied by a separate party under a similar agreement. It was held that this did not constitute a lease and therefore did not create the relationship of landlord and tenant.