Commentary

4.4.3 Partnership land

AGRICULTURE vol 2(2)
| Commentary

4.4.3 Partnership land

| Commentary

4.4.3 Partnership land

It is frequently the case that land is occupied and farmed by a trading entity or partnership, which is different from the landowner. A particularly common case is the family farming partnership comprising, perhaps, father, mother and son, where the freehold title to the land is vested solely in the father. Whilst sharing of occupation does not usually give rise to a tenancy1, the payment of rent or a rental equivalent to the landlord could indicate the presence of a tenancy and these may have continued since before the 1995 Act came into effect.

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