Commentary

159 Contemplated use not actual use

AGRICULTURAL TENANCIES vol 2(1)
| Commentary

159 Contemplated use not actual use

| Commentary

159 Contemplated use not actual use

It was not what the tenant in fact did with the land following a grazing and/or mowing agreement that determined whether or not the statutory exception operated, but what was agreed between the parties1. If, therefore, a tenant was permitted to occupy land for grazing or mowing purposes only, but in fact grew corn and intended all the time to do so, the statutory exception still operated unless it could be shown that it was the mutual intention of the parties that the land should be used for some purpose other than

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