Page:Halsbury Laws of England v1 1907.pdf/492

 Agriculture.

270 Sect.

2.

Improve-

ments to Market Gardens.

Act of 1900 permanently

—

planting of standard or other fruit trees planting of fruit bushes permanently set out (3) planting of strawberry plants (4) planting of asparagus, rhubarb, and other vegetable crops which continue productive for two or more years (5) erection or enlargement of buildings for the purpose of the trade or business of a market gardener (d). The right of an incoming tenant to claim compensation in respect of an improvement which he has purchased may be exercised although his landlord has not consented in writing to the (c)



(1)

set out



(2)







purchase

(e).

Crown and Duchy lands

585. In the case of Duchy lands compensation for any of these improvements, and in the case of Crown lands compensation for improvements (1), (2), and (5), shall be paid in the same manner and from the same funds as if the improvement were comprised in Part I. of the First Schedule to the Act of 1900 (/).

Tenancies current in

586. Where a holding was, under a contract of tenancy current on January 1, 1896 ((/), in use or cultivation as a market garden at that date with the knowledge of the landlord, and the tenant has executed thereon, without previous written notice of dissent by the landlord, any of the above-mentioned improvements, the tenant has the same right to comjDensation for the same as if it had been agreed in writing after that date that the holding should be let or treated as a market garden (h) and this right extends, after 1908, to compensation for such improvements even though they were executed before January 1, 1896 (i).

1896.



Sect. Nature of compensation payable.

587. holding, (c)

If,

3.

— Compensation

after

for Unreasonable Disturbance.

January 1, 1909, the landlord of an agricultural good and sufficient cause and for reasons

without

See note

{k), p.

261, ante.

(58 & 59 Yict. c. 27), s. 3 Agricultural Holdings Act, 1900 (63 & 64 Yict. c. 50), Schedule I., Part III. (e) Agricultural Holdings Act, 1883 (46 & 47 Vict. c. 61), s. 56, as amended by the Market Gardeners' Compensation Act, 1895 (58 & 59 Yict. c. 27), s. 3 (4). (/) Market Gardeners' Compensation Act, 1895, s. 5. See note (k), p. 268, ante. to ((/) B}^ s. 61 of the Agricultural Holdings Act, 1883, a tenancy from year year under a contract of tenancy current at the commencement of the Act shall he deemed to continue to be a tenancy under a contract of tenancy current at the commencement of that Act until the first day on which either the landlord or tenant could, by giving notice to the other immediately after the commencement of the Act, cause such tenancy to determine, and on and after such day shall be deemed to be a tenancy under a contract beginning at the commencement of the Act. (h) Market Gardeners' Compensation Act, 1895 (58 & 59 Yict. c. 27), s. 4. which, however, (?) Agricultural Holdings Act, 1906 (6 Edw. 7, c. 56), s. 5 does not come into operation until January 1, 1909. This enactment overrides so much of the decisions in Smith v. Callander, [1901] A. C. 296, and Mears v. CaUender, [1901] 2 Ch. 388, as decided that the right to compensation in such cases extended only to improvements executed after January 1, 1896. As to the effect of terms in a lease substituting a specified allowance for compensation for fruit trees set out permanently in a market garden subsequently to January 1, 1896, see Smith v. Devonshire {Duke of) (1906), 22 T. L. E. 619. As to compensation for improvements with respect to small holdings and allotments under the Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), which comes into force on January 1, 1908, see title Allotments, pp. 347, 356, (d)

Market Gardeners' Compensation Act, 1895





post,

and

title

Small Holdings.