Field & Anor v Bryant & Anor

The farm business tenancy, properly construed in light of its terms and the background facts, did not prohibit the running of a milking and dairying enterprise on the farm land after 31 July 1997; clause 4.1(b) did not restrict such use, and the sheep house could be used for ancillary purposes including milking.

Parties: Claimant/respondent: John Brian Field; Claimant/respondent: Elizabeth Alice Field; Defendant/appellant: Raymond William Bryant; Defendant/appellant: Vera Bryant
Jurisdiction: England and Wales
Judgment Date: 18 December 2003
Procedural Posture: Civil Appeal / Appeal From Taunton County Court, Judgment on Preliminary Issues
Outcome: Appeal allowed
Legal Topics: Farm Business Tenancy, Construction of Tenancy Agreements, Permitted Use of Land, Implied Terms

Land Law Contract Law Agricultural Law Farm Business Tenancy Construction of Tenancy Agreements Permitted Use of Land Implied Terms

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Parties

John Brian Field

Claimant/respondent

Elizabeth Alice Field

Claimant/respondent

Raymond William Bryant

Defendant/appellant

Vera Bryant

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Taunton County Court, Judgment on Preliminary Issues

Legal Issues

1 Whether the farm business tenancy permitted the running of a milking and dairying enterprise on the holding after 31 July 1997
2 Proper construction of clauses 4.1(a) and (b) of the tenancy agreement

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Declarations made by the judge below discharged
Declaration that the Farm Business Tenancy permits the running of a milking and dairying enterprise on the farm land