000 01196cab a2200193 4500
001 ABS42735
008 090401t1990 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u38632
041 _aeng
245 _aMcCarthy v Bence and others
260 _c1990
350 _a0
490 _aEstates Gazette
_v(1990) 17 EG 78-82(3)
520 _aCA 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.
650 _aSHARE FARMING
690 _aLANDLORD AND TENANT-CASE LAW-AGRICULTURAL TENANCIES
942 _n0
948 _c04/03/1997
999 _c24823
_d24823