Creear v Fearon and another
Creear v Fearon and another
- 1994
- Estates Gazette (1994) 46 EG 202-205(4) .
CA 23 June 1994. X occupied an agricultural holding between 1972 and 2 February 1991 when a notice to quit, served on them by Y, expired. In 1975 X erected a milk bale on the holding. During 1983, the relevant period for the purposes of Agriculture Act 1986, Sch 1, rent payable was at a low level of £400pa. Proceedings to determine compensation payable by Y to X in relation to X`s fraction of the value of the registered milk quota, decided that the rental value of X`s dairy improvements and fixed equipment, which should fall to be disregarded pursuant to Sch 1 para 7, can be ascertained as a figure on its own. Y appealed, contending that the actual open market value of the holding in 1983 must be considered. Appeal dismissed.
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
AGRICULTURE ACT 1986 SCH 1
COMPENSATION
CREEAR V FEARON AND ANOTHER
MILK QUOTAS
OPEN MARKET RENTAL VALUE
OUTGOING TENANTS
CA 23 June 1994. X occupied an agricultural holding between 1972 and 2 February 1991 when a notice to quit, served on them by Y, expired. In 1975 X erected a milk bale on the holding. During 1983, the relevant period for the purposes of Agriculture Act 1986, Sch 1, rent payable was at a low level of £400pa. Proceedings to determine compensation payable by Y to X in relation to X`s fraction of the value of the registered milk quota, decided that the rental value of X`s dairy improvements and fixed equipment, which should fall to be disregarded pursuant to Sch 1 para 7, can be ascertained as a figure on its own. Y appealed, contending that the actual open market value of the holding in 1983 must be considered. Appeal dismissed.
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
AGRICULTURE ACT 1986 SCH 1
COMPENSATION
CREEAR V FEARON AND ANOTHER
MILK QUOTAS
OPEN MARKET RENTAL VALUE
OUTGOING TENANTS