Howatson v. M'Clymont [1913] ScotLR 153 (12 December 1913)

Howatson v. M'Clymont [1913] ScotLR 153 (12 December 1913)

A dairykeeper who grazes cows on permanent grass park and sells their milk is using the land for a primarily pastoral purpose, even if he also sells milk purchased from other farmers. The business, as it relates to the holding, is not excluded from the Act under section 26(3)(g).

Citation
[1913] ScotLR 153
Parties
Appellant/landlord: Charles Howatson of Glenbuck, Ayrshire; Respondent/applicant/tenant: John M'Clymont, dairykeeper, Kirkburnhead, Muirkirk, Ayrshire
Jurisdiction
Scotland
Judgment Date
12 December 1913
Procedural Posture
Statutory Appeal (case Stated) / Appeal From Scottish Land Court to Court of Session, Inner House, First Division
Outcome
Appeal dismissed; question of law answered in the negative.
Legal Topics
Landlord and Tenant, Small Holdings, Statutory Tenancy, Interpretation of Small Landholders (scotland) Act 1911, Permanent Grass Park, Pastoral Use
Land Law Agricultural Law Landlord and Tenant Small Holdings Statutory Tenancy Interpretation of Small Landholders (scotland) Act 1911 Permanent Grass Park Pastoral Use

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Parties

Charles Howatson of Glenbuck, Ayrshire

Appellant/landlord

John M'Clymont, dairykeeper, Kirkburnhead, Muirkirk, Ayrshire

Respondent/applicant/tenant

Procedural Posture

Statutory Appeal (case Stated) / Appeal From Scottish Land Court to Court of Session, Inner House, First Division

Legal Issues

  1. 1 Whether permanent grass park used by a dairykeeper for grazing cows is held for a business not primarily agricultural or pastoral under section 26(3)(g) of the Small Landholders (Scotland) Act 1911, and thus excluded from the Act.

Ratio Decidendi

A dairykeeper who grazes cows on permanent grass park and sells their milk is using the land for a primarily pastoral purpose, even if he also sells milk purchased from other farmers. The business, as it relates to the holding, is not excluded from the Act under section 26(3)(g).

Court Disposition

Appeal dismissed; question of law answered in the negative.

Orders

  • Applicant (tenant) is a statutory small tenant under the Act.
  • Entitled to renewal of tenancy for seven years from Whitsunday 1913.