Page:Halsbury Laws of England v1 1907.pdf/482

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Agriculture.

260 Sect.

1.

Improvements to Agricultural Holdings.

Time for making claim.

(q) to obtain from the landlord {r) as compensation for any improvements of the kinds for which compensation is payable made by him on his holding such sum as fairly represents the value of the improvements to an incoming tenant (s).

right on quitting his holding

549. A claim for such compensation cannot be made after the determination of the tenancy; but where the claim relates to an improvement executed after the determination of the tenancy, and while the tenant lawfully remains in occupation of part of the holding, the claim may be made at any time before the tenant quits that part

(t)

How amount

550. In ascertaining the amount of compensation to be paid to a tenant there is to be taken into account (i.) any benefit which the sation may be landlord has given or allowed the tenant in consideration of the tenant reduced. executing the improvement {u), and (ii.) as respects manures (a), the value of the manure required by the contract of tenancy or by custom to be returned to the holding in respect of crops sold off or removed from the holding within the last two years of the tenancy, or other less time for which the tenancy has endured, not exceeding the value of the manure which would have been produced by the consumption on the holding of the crops so sold off or removed (6). of

compen-

Compensation

im

rov'T^^

mentey^

551. Compensation is not payable in respect of any improvement comprised in Part I. of the First Schedule to the Agricultural Holdings Act, 1900(c), unless the landlord has previously to the (q) See note (n), p. 259, ante, for the case where a tenant quits parts of his holding at different times. (r) A custom for the outgoing tenant to be paid compensation by the incoming tenant, though frequent in practice, is bad in law {Bradburn v. Foley (1878), 3

0. P.

D.

129).

Agricultural Holdings Act, 1906 (6 Edw. 7, c. 56), s. 1 (1). This section repeals the corresponding sect. 1 (1) of the Act of 1900, but does not come into operation until January 1, 1909. Until that date, therefore, the provision in the Act of 1900 that there shall not be taken into account as part of the improvement what is justly due to the inherent capabilities of the soil, remains in force. For forms of notice claiming compensation, see Encyclopaedia of Eorms, (s)

Vol.

YIL,

pp. 720, 721.

Agricultural Holdings Act, 1900 (63 & 64 Vict. c. 50), cases decided before the Act, cited in note {n), p. 259, ante. {t)

{u)

Ihd.,

s.

s.

2 (2); see also

1 (3).

the improvements

numbered

(23), (24) and (25) in note (k), p. 261, post. hay, straw etc. which the tenant is by his agreement bound to stack and consume on the holding is accidentally destroyed, as by fire, the landlord is not entitled at the determination of the tenancy to have deducted from the compensation due to the tenant the manurial value of the hay and straw so destroyed (Be Hull and Lady 3Ieux, [1905] 1 K. B. 588). (c) These are: (1) erection, alteration, or enlargement of buildings; (2) formation of silos (3) laying down of permanent pasture (4) making and planting of osier beds (5) making of water meadows or works of irrigation (6) making of gardens (7) making or improving of roads or bridges (8) making or improving of watercourses, ponds, wells, reservoirs, or of works for the application of water power or for supply of water for agricultural or domestic purposes (10) plant(9) making or removal of permanent fences; ing of hops; (11) planting of orchards or fruit bushes; (12) protecting young fruit trees; (13) reclaiming of waste land; (14) warping or weiring of land; (15) embankments and sluices against floods; (16) the erection of wirework in hop gardens. (a) I.e.,

{h)

Ibid.,

s.

When

1 (4),

—