MRS. EDNA JEAN NELSON & MRS HELEN JOHNSTON NELSON v. R AND J KINNAIRD [2011] ScotSC 160 (11 October 2011)

MRS. EDNA JEAN NELSON & MRS HELEN JOHNSTON NELSON v. R AND J KINNAIRD [2011] ScotSC 160 (11 October 2011)

The defenders' occupation was under a series of seasonal grazing lets, not an agricultural lease. The land was vacated annually, and any crop growing was ancillary and with limited acquiescence. The defenders never had the consent of the pursuers for agricultural use beyond grazing. Therefore, no security of tenure arose under the Agricultural Holdings (Scotland) Act 1991.

Citation
[2011] ScotSC 160
Parties
Pursuer: Mrs Edna Jean Nelson; Pursuer: Mrs Helen Johnston Nelson; Defender: Messrs R and J Kinnaird
Jurisdiction
Scotland
Judgment Date
11 October 2011
Procedural Posture
Civil / Judgment
Outcome
For the pursuers; defenders found liable in expenses; counterclaim dismissed.
Legal Topics
Agricultural Leases, Security of Tenure, Seasonal Grazing Lets, Tacit Relocation, Lease Renewal, Use of Land for Grazing Vs. Crop Growing
Property Law Agricultural Law Landlord and Tenant Agricultural Leases Security of Tenure Seasonal Grazing Lets Tacit Relocation Lease Renewal +1 more

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Parties

Mrs Edna Jean Nelson

Pursuer

Mrs Helen Johnston Nelson

Pursuer

Messrs R and J Kinnaird

Defender

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defenders had an agricultural lease with security of tenure or a series of seasonal grazing lets without security of tenure
  2. 2 Whether the use of the land for crop growing altered the nature of the lease
  3. 3 Whether the defenders vacated the land annually as required for a grazing let

Ratio Decidendi

The defenders' occupation was under a series of seasonal grazing lets, not an agricultural lease. The land was vacated annually, and any crop growing was ancillary and with limited acquiescence. The defenders never had the consent of the pursuers for agricultural use beyond grazing. Therefore, no security of tenure arose under the Agricultural Holdings (Scotland) Act 1991.

Court Disposition

For the pursuers; defenders found liable in expenses; counterclaim dismissed.

Orders

  • Sustains the pursuers' first plea in law (subject to deletion of 'and interdict')
  • Repels the second and third pleas in law for the pursuers and the defenders' pleas in law in the principal action