Procter & Anor v Procter & Ors

Procter & Anor v Procter & Ors

A tenancy protected by the Agricultural Holdings Act 1986 can be created where there is partial overlap between landlords and tenants, and a tenancy at will arising from conduct attracts statutory protection. The land qualifies as an agricultural holding despite the presence of a golf course, based on the character of the tenancy and relevant circumstances.

Parties
Appellant: Philip John Procter; Appellant: James Geoffrey Procter; Respondent: Suzanne Elaine Procter; Respondent: George Knowles; Respondent: Womble Bond Dickinson (Trust Corporation) Limited
Jurisdiction
England and Wales
Judgment Date
12 February 2021
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Tenancy Creation, Agricultural Holdings Act Protection, Exclusive Possession, Co Ownership, Merger of Estates, Two Party Rule, Tenancy at Will, Periodic Tenancy, Character of Agricultural Holding
Land Law Agricultural Law Contract Law Tenancy Creation Agricultural Holdings Act Protection Exclusive Possession Co Ownership Merger of Estates +4 more

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Parties

Philip John Procter

Appellant

James Geoffrey Procter

Appellant

Suzanne Elaine Procter

Respondent

George Knowles

Respondent

Womble Bond Dickinson (Trust Corporation) Limited

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a tenancy protected by the Agricultural Holdings Act 1986 was created
  2. 2 Whether a lease can be granted where there is partial overlap between landlords and tenants
  3. 3 Whether a tenancy at will attracts protection under the Agricultural Holdings Act 1986

Ratio Decidendi

A tenancy protected by the Agricultural Holdings Act 1986 can be created where there is partial overlap between landlords and tenants, and a tenancy at will arising from conduct attracts statutory protection. The land qualifies as an agricultural holding despite the presence of a golf course, based on the character of the tenancy and relevant circumstances.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed.