Custom Of Ulster
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Custom Of Ulster
Tenant-right is a term in the common law system expressing the right to compensation which a tenant has, either by custom or by law, against his landlord for improvements at the termination of his tenancy. In England, it was governed for the most part by the Agricultural Holdings Acts and the Allotments and Small Holdings Acts. The preceding were reformed by the Agricultural Tenancies Act 1995. In Ireland, tenant-right was a custom, prevailing particularly in Ulster, known as the Custom of Ulster, by which the tenant acquired a right not to have his rent raised arbitrarily at the expiration of his term. This resulted in Ulster in considerable fixity of tenure and, in case of a desire on the part of the tenant to sell his farm, made the tenant-right of considerable capital value, amounting often to many years' rent. The Evesham Custom is one example of a tenant-right custom still in 21st century operation, having been given a specific exemption from the Agricultural Tenancies Act 1 ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe by the North Sea to the east and the English Channel to the south. The country covers five-eighths of the island of Great Britain, which lies in the North Atlantic, and includes over 100 smaller islands, such as the Isles of Scilly and the Isle of Wight. The area now called England was first inhabited by modern humans during the Upper Paleolithic period, but takes its name from the Angles, a Germanic tribe deriving its name from the Anglia peninsula, who settled during the 5th and 6th centuries. England became a unified state in the 10th century and has had a significant cultural and legal impact on the wider world since the Age of Discovery, which began during the 15th century. The English language, the Anglican Church, and Engli ...
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Agricultural Holdings Act 1948
The Agricultural Holdings Act 1948 was an Act of Parliament passed in the United Kingdom by the Labour government of Prime Minister Clement Attlee. It provided tenant farmer A tenant farmer is a person (farmer or farmworker) who resides on land owned by a landlord. Tenant farming is an agricultural production system in which landowners contribute their land and often a measure of operating capital and management, ...s with security of tenure for life. Notes External links * United Kingdom Acts of Parliament 1948 Agriculture legislation in the United Kingdom {{UK-law-stub ...
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Agricultural Tenancies Act 1995
The Agricultural Holdings Act 1995 is an Act of the Parliament of the United Kingdom which applies to England and Wales. It is in force. The Act reformed and substantially deregulated the law relating to agricultural tenancies, and has had the dual effects of increasing the amount of land available to rent in the agricultural sector, and increasing the average rent per acre charged. Background and history By the early 1990s, it was clear that the Agricultural Holdings Act 1986 was not working. The 1986 Act had given security to agricultural tenants and held down rents, and the effect on landlords was so onerous that the amount of farmland available to let in the UK was declining by more than 50,000 acres a year. A loophole in the law was found that enabled landlords to avoid the security of tenure conferred by the 1986 Act ( Gladstone v Bower agreements), and by 1994 more than 70% of new agricultural tenancies used this loophole. This held down the term of an agricultural ten ...
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Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Great Britain and Ireland), North Channel, the Irish Sea, and St George's Channel. Ireland is the List of islands of the British Isles, second-largest island of the British Isles, the List of European islands by area, third-largest in Europe, and the List of islands by area, twentieth-largest on Earth. Geopolitically, Ireland is divided between the Republic of Ireland (officially Names of the Irish state, named Ireland), which covers five-sixths of the island, and Northern Ireland, which is part of the United Kingdom. As of 2022, the Irish population analysis, population of the entire island is just over 7 million, with 5.1 million living in the Republic of Ireland and 1.9 million in Northern Ireland, ranking it the List of European islan ...
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Ulster
Ulster (; ga, Ulaidh or ''Cúige Uladh'' ; sco, label= Ulster Scots, Ulstèr or ''Ulster'') is one of the four traditional Irish provinces. It is made up of nine counties: six of these constitute Northern Ireland (a part of the United Kingdom); the remaining three are in the Republic of Ireland. It is the second-largest (after Munster) and second-most populous (after Leinster) of Ireland's four traditional provinces, with Belfast being its biggest city. Unlike the other provinces, Ulster has a high percentage of Protestants, making up almost half of its population. English is the main language and Ulster English the main dialect. A minority also speak Irish, and there are Gaeltachtaí (Irish-speaking regions) in southern County Londonderry, the Gaeltacht Quarter, Belfast, and in County Donegal; collectively, these three regions are home to a quarter of the total Gaeltacht population of Ireland. Ulster-Scots is also spoken. Lough Neagh, in the east, is the largest lake i ...
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Farm
A farm (also called an agricultural holding) is an area of land that is devoted primarily to agricultural processes with the primary objective of producing food and other crops; it is the basic facility in food production. The name is used for specialized units such as arable farms, vegetable farms, fruit farms, dairy, pig and poultry farms, and land used for the production of natural fiber, biofuel and other commodities. It includes ranches, feedlots, orchards, plantations and estates, smallholdings and hobby farms, and includes the farmhouse and agricultural buildings as well as the land. In modern times the term has been extended so as to include such industrial operations as wind farms and fish farms, both of which can operate on land or sea. There are about 570 million farms in the world, most of which are small and family-operated. Small farms with a land area of fewer than 2 hectares operate about 1% of the world's agricultural land, and family farms comprise about ...
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Evesham Custom
The Evesham Custom is a distinctive form of customary leasehold tenure used in the market gardens of Evesham, Worcestershire. It is the most well-known of a number of former local practises, such as the Ulster Custom''Journal of Proceedings of the Agricultural Economics Society'', v1-10, 122 and North Lincolnshire Custom.Currie, ''The Economic Theory of Agricultural Land Tenure'', p.77 The underlying principle of such customs was that the tenant could be granted compensation for any improvements they made to the land they leased, since the common law did not provide any such protection. Principles Local customs supplementary to the usual law of leases, such as the Evesham Custom, were seen as having existed over generations in particular areas, being defined as something "to which the memory of man runneth not to the contrary". In the case of Evesham, the custom provided not only a lifetime security of tenure (in a period when market garden leases were generally from year to year, ...
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Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday ...
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