Thomson v Murray
Language: English Series: Scots Law Times ; 1990 SLT 45-49(5)Publication details: 1990Subject(s): Summary: SLC 23 October 1989. The landlord and tenant of an agricultural holding jointly applied to the Land Court to determine whether an area of ground formed part of the holding so as to determine the landlords right to exclude the tenant. If it did not form part of the holding were the landlords entitled to resume the said area and a further area from the holding under a clause of the tenancy giving the landlord "power to resume such part of his land as he may select for the purpose of ... forming plantations". The landlord wished to encourage regeneration of woodlands on the areas in question. It was held that the area did form part of the holding let to the tenant and the terms of the lease only granted to the landlords rights over the woods and timber however the landlord could resume the area as it would not alter the character of the tenant`s farm.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS42920 (Browse shelf(Opens below)) | 1 | Available | 39586-1001 |
SLC 23 October 1989. The landlord and tenant of an agricultural holding jointly applied to the Land Court to determine whether an area of ground formed part of the holding so as to determine the landlords right to exclude the tenant. If it did not form part of the holding were the landlords entitled to resume the said area and a further area from the holding under a clause of the tenancy giving the landlord "power to resume such part of his land as he may select for the purpose of ... forming plantations". The landlord wished to encourage regeneration of woodlands on the areas in question. It was held that the area did form part of the holding let to the tenant and the terms of the lease only granted to the landlords rights over the woods and timber however the landlord could resume the area as it would not alter the character of the tenant`s farm.