Commentary

103.1 Nature of agistment

AGRICULTURE vol 2(2)
| Commentary

103.1 Nature of agistment

| Commentary

B: AGISTMENT

103 Contracts of agistment

103.1 Nature of agistment

The contract of agistment arises where the occupier of land takes another’s animals, generally cattle or horses, on to his own land for a consideration, so that they may graze1 and eventually be returned to their owner2. This contract is in the nature of a bailment and does not confer upon the owner of the animals agisted any interest in the land3. The contract is not required to be in writing4. Therefore, amongst other things, there is no question of a tenancy arising in favour of the owner of the animals being

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