Agricultural Precedents Handbook 2nd edition

Authors	Nigel Davis, Graham Smith and Angela Sydenham
Publisher	Jordan Publishing
Product	Agricultural Precedents Handbook 2nd edition Hardback+CD	£80

Publication due September 2008

Features

Agricultural Precedents Handbook is a unique publication providing advisers dealing with agricultural cases with a comprehensive collection of time-saving and reliable precedents with helpful commentary. Ranging from partnership agreements to farm business tenancies, farm sale agreements to contracts of employment and rights of way to quota transfers, this work will prove an important resource for every property or private client lawyer with a rural practice.

A CD-ROM accompanying the book contains all the precedents allowing users to download and adapt each document as necessary.

Agricultural Precedents Handbook is written by leading practitioners in this area and offers a complete library of precedents, covering every type of transaction likely to arise.

The new edition has been thoroughly revised and updated to take into account major developments in this area of the law namely the introduction of the new Common Agricultural Policy single payment scheme, as well as changes to the Agricultural Holdings Act 1986 and the Agricultural tenancies Act 1995 in October 2006.

Contents

Agricultural Partnerships and Companies

Management Contracting and Share Farming

Sale and Acquisition of Land

Tenancies under the Agricultural Holdings Act 1986

Tenancies under the Agricultural Tenancies Act 1995

Residential Tenancies

Business Tenancies

Grazing Agreements

Sporting Rights

Milk Quota

Other uses of Land

Miscellaneous

Authors

Nigel Davis, Solicitor and current Chairman of the Agricultural Law Association
Graham Smith, Partner, Roythorne & Co, Solicitors
Angela Sydenham, Consultant, Birketts, Solicitors

List of precedents (1st edition)

[Heading]

1 Memorandum of Association - extract for farming company

2 Partnership agreement

3 Declaration of trust

4 Deed of gift

[Heading]

1 Contracting agreement

2 Share farming agreement

[Heading]

1 Enquiries before contract

2 Supplemental enquiries before contract

3 Contract clauses: Area aid scheme; Milk quota; Sugar beet contract; Quotas - No transfer; Tenantright; Tenantright - valuation by seller's agent; Tenantright - valuation by respective agents; No tenantright; No dilapidations; Included items; Excluded items; Holdover - crops and storage; Holdover - use and removal of buildings; Stock/equipment sale; Early entry - cultivation; Early entry - buildings; Drainage rates; Dwellings - subject to occupancy; Dwellings - occupiers to be relocated; Dwellings - retention; Dwellings - warranty against tenancy; Transfer of licences; Lease-back; Groundwater Regulations; Water licences; Miscellaneous aid schemes; Employees

4 Deed of partition

[Heading]

1 Succession tenancy under the AHA 1986

2 Succession under the AHA 1986 - short form by reference

3 Assignment of tenancy

4 Agreement recording terms of tenancy

5 Request to enter written agreement under AHA 1986, s 6

6 Assignment of an oral tenancy

7 Surrender agreement making provision for transfer of milk quota to third parties

8 Deed of surrender [with transfer of milk quota to third party]

9 Deed of surrender of whole by personal representatives of deceased tenant

10 Deed of surrender of part for boundary adjustment

11 Notice under LTA 1987, s 48

12 Permission to erect fixture under AHA 1986, s 10

13 Demand for arbitration of rents under AHA 1986, s 12

14 Memorandum of rent review

15 Memorandum of rent increase after landlord's improvement

16 Landlord's consent to tenant's improvement 152

17 Notice of intention to claim compensation under AHA 1986, s 72

18 Notice of intention to claim compensation on termination of tenancy pursuant to AHA 1986, s 83

19 Notice of intention to re-enter or forfeit

20 Notice to quit to personal representatives

21 Notice to tenant to pay rent due in the prescribed form under SI 1987/711

22 Notice to tenant to remedy breach of tenancy by doing work of repair, maintenance or replacement

23 Notice to tenant to remedy breach of tenancy (not being a notice requiring the doing of any work of repair, maintenance or replacement)

24 Designation for including in a will

Tenancies under the Agricultural Holdings Act 1986 92

25 Application for direction giving entitlement to tenancy and for determination that applicant be treated as eligible person

26 Reply to application for direction giving entitlement to tenancy and for determination that applicant be treated as eligible person

27 Application for consent to operation of notice to quit

28 Reply to application for consent to operation of notice to quit

29 Application for direction giving entitlement to tenancy

30 Reply to application for direction giving entitlement to tenancy

31 Notice of application for entitlement to tenancy under Part II of the Agriculture (Miscellaneous Provisions) Act 1976

32 Reply to application for direction giving entitlement to tenancy

33 Notice of application for entitlement to tenancy

[Heading]

1 Landlord's notice complying with notice condition

2 Tenant's notice complying with notice condition

3 Farm business tenancy agreement (short form)

4 Farm business tenancy agreement (long form)

5 Tenant's notice to terminate fixed tenancy of over two years

6 Landlord's notice to terminate periodic tenancy

7 Tenant's notice to terminate periodic tenancy

8 Tenant's notice exercising option to terminate tenancy or resume possession of part in tenancy of over two years

9 Landlord's notice exercising option to terminate tenancy or resume possession of part in tenancy of over two years

10 Tenant's notice demanding statutory review of rent

11 Landlord's notice demanding statutory review of rent

12 Landlord's notice of proposal to appoint an arbitrator

13 Tenant's notice of reference of dispute to third party

14 Landlord's notice of reference of dispute to third party

[Heading]

1 Assured shorthold tenancy

2 Tenant's notice proposing change from assured tenancy to assured shorthold tenancy

3 Landlord's notice proposing assured shorthold tenancy

4 Landlord's letter proposing rent increase

5 Notice proposing different terms for statutory periodic tenancy

6 Application referring a notice proposing different terms for statutory periodic tenancy to rent assessment committee

7 Notice seeking possession of property let on assured tenancy/assured agricultural occupancy

8 Landlord's notice proposing new rent under assured periodic tenancy or agricultural occupancy

[Heading]

1 Lease of farm buildings

[Heading]

1 Deed of profit à prendre

2 Grazing agreement

3 Horse and pony grazing agreement

[Heading]

1 Sporting rights: long-term agreement

[Heading]

1 Milk quota transfers - enquiries before contract

2 Milk quota sale agreement (with land)

3 Agreement for the supply of contract services

4 Contract services agreement

5 Farm business tenancy

6 Questionnaire for calculation of tenant's compensation on termination of tenancy under s 13 of the Agriculture Act 1986

7 Supplemental deed apportioning milk quota between tenanted holdings and owned land

8 Deed regulating ownership of quota between landlord, tenant and producer

9 Declaration of trust

[Heading]

1 Deed of grant of reciprocal easements

2 Licence for storage

3 Metal detecting licence

4 Film contract

5 Permissive path agreement

6 Statement and declaration for purposes of s 31(6) of the Highways Act 1980, as amended by the Countryside and Rights of Way Act 2000

7 Agreement for deposit of archives with county records office

8 Draft agreement to form a common land management association

9 Draft constitution and rules of a common land management association

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