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1 ‘Agricultural Law’ – its scope and objects

1.01 This is principally a book about agricultural land, and the law governing its tenure and use. Until comparatively recently, lawyers and agriculturalists have primarily been concerned with the complexities of farm tenancy law and the landlord and tenant relationship.

A large body of legislation now also exists, however, regulating and shaping the use and development of agricultural land. Some of this has originated in measures adopted under the EU’s Common Agricultural Policy (‘CAP’) – for example through ‘agri-environment’ measures promoting conservation and environmental protection on farms, environmental conditions attached to the basic payment scheme (‘cross compliance’), and the introduction of controls on production. In addition, the social legislation enacted in the Rent (Agriculture) Act 1976 and the Housing Acts 1988 and 1996 affords considerable legal protection to occupiers of tied agricultural accommodation, both in terms of security of tenure and control of rents.

1.02 An examination of the law governing agricultural land tenure and land use can no longer, therefore, confine itself solely to the farm tenancy legislation. It must take in a wider range of issues. For this reason Part III of this work is devoted to the law governing land use, to the law of the CAP and to the considerable body of environmental legislation affecting modern agriculture. Where possible, the discussion of these important topics is integrated in order to explore and describe the interrelationship between farm tenancy law and the impact of the legislation on land use. It is important to note, however, that the law governing land use described in Part III of this work applies to freehold land as well as to land subject to farm tenancies.

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Source: Rodgers Christopher. Agricultural Law. Bloomsbury Publishing,2016. — 914 p.. 2016
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