000 01713cam a2200241 4500
001 ABS65958
008 020924n2002 000 0 eng u
035 _a(Sirsi) u119804
100 _aBarr, W
245 _aAgricultural law update- Diversification
260 _c2002
490 _aSolicitors' Journal
_v146(28) 19 July 2002, 657(1)
520 _aDiscusses trend towards diversification, and the changes in tax laws to encourage farmers in this direction. Makes the point that a landlord who permits his tenant to carry on a diversified business is likely to lose at least part of agricultural property relief for inheritance tax purposes, and consequently the holdover relief for capital gains tax. Cites "Jewell v McGowan"[2002] as an example where a landlord disagreed with the diversification arrangements of his tenant, an open farm for educational purposes, which contradicted a clause in their agreement regarding using the premises for agricultural purposes only. First judge found in favour of the tenant, that is his open farm business was only part of the farm and did not contravene the clause. However, the court of appeal found for the landlord, stating that the open farm formed a separate business. Concludes that if a farm diversification scheme consists of a separate business a tenant may need to seek totally different premises if his landlord is not in agreement.
590 _aABS
650 _aDIVERSIFICATION
650 _aAGRICULTURAL PROPERTY RELIEFS
650 _aAGRICULTURAL HOLDINGS ACT 1986
650 _aJEWELL V MCGOWAN
650 _aBARRETT AND OTHERS V MORGAN
650 _aFARM TENANCIES
690 _aLANDLORD AND TENANT-AGRICULTURAL TENANCIES
942 _n0
999 _c71199
_d71199