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Rural Property

Agricultural Law

The following briefing notes explain some of the key aspects of current Agricultural Holding’s Legislation as it applies to the current forms of Agricultural Tenancy, namely; Secure 1991 Act Tenancies, Limited Duration Tenancies and Short Limited Duration Tenancies.

AGRICULTURAL TENANT’S RIGHT TO BUY: North Berwick Trust v. James B. Miller & Co. [PDF 72Kb]
Content overview: Hope Value, Right to Buy Triggers.
TYPES OF AGRICULTURAL TENANCY [PDF 71Kb]
Content overview: 1991 Act, Grazing or Mowing, Short Limited Duration and Limited Duration Tenancies.
COMPENSATION TO TENANTS: 1991 Act Tenancy [PDF 56Kb]
Content overview: Types of compensation, The claim process, Calculation of claims
COMPENSATION TO TENANTS: Limited Duration Tenancy [PDF 51Kb]
Content overview: Types of compensation, The claim process, Calculation of claims
COMPENSATION TO TENANTS: Short Limited Duration Tenancy [PDF 49Kb]
Content overview: Types of compensation, The claim process, Calculation of claims
FIXED EQUIPMENT: 1991 Act Tenancy [PDF 33Kb]
Content overview: Fixed equipment, Landlord responsibilities, Tenant responsibilities, A "full repairing lease"
FIXED EQUIPMENT: Short Limited Duration Tenancy & Limited Duration Tenancy [PDF 30Kb]
Content overview: Fixed equipment, Landlord responsibilities, Tenant responsibilities, A "full repairing lease"
RENT REVIEWS: 1991 Act Tenancy [PDF 33Kb]
Content overview: Frequency, What is taken into account, The decision-making process
RENT REVIEWS: Limited Duration Tenancy [PDF 30Kb]
Content overview: Frequency, What is taken into account, The decision-making process
RENT REVIEWS: Short Limited Duration Tenancy [PDF 22Kb]
Content overview: Frequency, What is taken into account, The decision-making process
RESUMPTION: 1991 Act Tenancy [PDF 29Kb]
Content overview: The right of resumption, The process of resumption, Compensation to tenants
RESUMPTION: Limited Duration Tenancy [PDF 28Kb]
Content overview: The right of resumption, The process of resumption, Compensation to tenants
DIVERSIFICATION: 1991 Act Tenancy & Limited Duration Tenancy [PDF 31Kb]
Content overview: Diversification, Landlord consent, The effect on rent
IRRITANCY: 1991 Act Tenancy [PDF 33Kb]
Content overview: Irritancy, Irritancy in operation, Response by the tenant
IRRITANCY: Short Limited Duration Tenancy & Limited Duration Tenancy [PDF 32Kb]
Content overview: Irritancy, Irritancy in operation, Response by the tenant
TRANSFER OF TENANCIES: 1991 Act Tenancy [PDF 32Kb]
Content overview: Transfer by assignation, Transfer by bequest in will, Transfer on death without bequest
TRANSFER OF TENANCIES: Limited Duration Tenancy [PDF 33Kb]
Content overview: Transfer by assignation, Transfer by bequest in will, Transfer on death without bequest
TRANSFER OF TENANCIES: Short Limited Duration Tenancy [PDF 32Kb]
Content overview: Transfer by assignation, Transfer by bequest in will, Transfer on death without bequest
DISPUTE RESOLUTION: 1991 Act Tenancy [PDF 34Kb]
Content overview: Jurisdiction of Scottish Land Court, Remedies of Scottish Land Court, Arbitration
DISPUTE RESOLUTION: Short Limited Duration Tenancy & Limited Duration Tenancy & Grazing or Mowing Tenancy [PDF 32Kb]
Content overview: Jurisdiction of Scottish Land Court, Remedies of Scottish Land Court, Arbitration
TENANTS RIGHT TO BUY: 1991 Act Tenancy [PDF 42Kb]
Content overview: The right to buy, Exercising the right to buy, Deciding the price

Charities

CHARITY BRIEFINGS: Reference to status in Documents [PDF 37Kb]
Content overview: The Charities References in Documents (Scotland) Regulations 2007 came into force on 1st April 2007
CHARITY BRIEFINGS: Duties of Charity Trustees [PDF 47Kb]
Content overview: The Charities and Trustee Investment Scotland Act 2005 has been passed by the Scottish Parliament and it comes into force on 24th April.
CHARITY BRIEFINGS: Meeting the Charity test [PDF 47Kb]
Content overview: In order to meet the Charity test, and therefore be eligible to be entered on the Scottish Charity Register a charity must (A) have purposes which consist only of one or more of the Charitable purposes and (B) provide a public benefit in Scotland or elsewhere.
CHARITY BRIEFINGS: Trustees Indemnity Insurance [PDF 34Kb]
Content overview: Section 67 of the Act claiming estates with the charity Trustees and the persons connected with them must not be remunerated unless various conditions are met.
CHARITY BRIEFINGS: English and Welsh Charities [PDF 90Kb]