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Tenant-right
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 increment at the termination of his tenancy. In England, it was governed for 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 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 fo ..., made the t ...
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Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ...
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England
England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It shares Anglo-Scottish border, a land border with Scotland to the north and England–Wales border, another land border with Wales to the west, and is otherwise surrounded by the North Sea to the east, the English Channel to the south, the Celtic Sea to the south-west, and the Irish Sea to the west. Continental Europe lies to the south-east, and Ireland to the west. At the 2021 United Kingdom census, 2021 census, the population was 56,490,048. London is both List of urban areas in the United Kingdom, the largest city and the Capital city, capital. The area now called England was first inhabited by modern humans during the Upper Paleolithic. It takes its name from the Angles (tribe), Angles, a Germanic peoples, Germanic tribe who settled du ...
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Agricultural Holdings Act 1948
The Agricultural Holdings Act 1948 ( 11 & 12 Geo. 6. c. 63) was an Act of the Parliament of the United Kingdom passed by the Labour government of Prime Minister Clement Attlee. It provided tenant farmer A tenant farmer is a farmer or farmworker who resides and works on land owned by a landlord, while tenant farming is an agricultural production system in which landowners contribute their land and often a measure of operating capital and ma ...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 te ...
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Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelanda sovereign state covering five-sixths of the island) and Northern Ireland (part of the United Kingdomcovering the remaining sixth). 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 in the world. As of 2022, the Irish population analysis, population of the entire island is just over 7 million, with 5.1 million in the Republic of Ireland and 1.9 million in Northern Ireland, ranking it the List of European islands by population, ...
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Ulster
Ulster (; or ; or ''Ulster'') is one of the four traditional or historic provinces of Ireland, Irish provinces. It is made up of nine Counties of Ireland, 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 Protestantism in Ireland, 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 (Irish-speaking regions) in County Donegal which is home to a quarter of the total Gaeltacht population of the Republic of Ireland. There are also large Irish-speaking networks in southern County Londonderry and in the Gaeltacht Quarter, Belfast. Ulster Scots dialect, Ulster-Scots is al ...
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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 biobased products. 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 to include such industrial operations as wind farms and fish farms, both of which can operate on land or at 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 on about 12% of the world's agricultural land, and family farms com ...
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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, contract law, and if property is violated, one could sue under Tort, 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. Theory The word ''property'', in everyday usage, refers to an object (or objects) owned by a person—a car, a book, or a cellphone—and the relationship the person has to it. In law, the concept acquires a more nuanced rendering. Factors to consider include the nature of the object, the relationship between the person and the object, the relationship between a numbe ...
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