4 Removal of fruit trees, bushes, etc
10.36 Section 4(1) of the 1922 Act gives the tenant of either an allotment or allotment garden the right, before termination of the tenancy, to remove any fruit trees or bushes provided and planted by him.
He can also remove any erection, fencing or other improvement made at his expense, provided he makes good any injury caused by its removal. If, however, the tenant has paid compensation to a previous outgoing tenant for any fruit trees or bushes left in situ, or improvements, he has the same right to compensation under the 1922 Act as if the trees or bushes had been planted, and the improvements made, by him at his own expense.47
1Agricultural Tenancies Act 1995, Sch para 1 (excluding Small Holdings and Allotments Act 1908 where land is let on a farm business tenancy); Sch, para 3 (excluding Allotment Act 1922 where land is let on farm business tenancy).
2As to which see Chapter 4 above.
3See Chapter 3 para 3.32 above.
4Agricultural Holdings Act 1986, s 79(1).
5This will be the First Tier Tribunal (in England) or Agricultural Land Tribunal (in Wales).
6Section 80(1) ibid.
7Section 80(2) ibid.
8Section 80(6) ibid.
9Section 80(8) ibid.
10See s 66(2) ibid.
11See Sch 7, para 9 ibid.
12See s 80(3)–(5) of the 1986 Act.
13Cf generally the restrictions on removal contained in s 10(2)(c) and (d) of the 1986 Act, inapplicable to market gardens.
141986 Act, s 81(1).
151986 Act, s 81(2).
161970 Act, s 53.
17Ibid, s 58.
18Ibid, s 59.
19Ibid, s 56(1)(2) and (4).
20Ibid, s 56(3).
211970 Act, s 44(3).
221978 Act, s 47(2).
23See ibid, s 47(3).
241970 Act, s 45.
25Ibid, s 45(1).
26Ibid, s 45(3).
271970 Act, s 46(2).
28See Agricultural Holdings Act 1986, s 82.
29See ibid, s 82(2) and (3).
30See s 38(4) of the 1986 Act cf Saul v Norfolk County Council [1984] 2 All ER 489; [1984] 2 All ER 489, CA.
31Sections 49 ff of the 1986 Act, Chapter 8 para 8.72 ff above.
32See Sch 3, para 11(1) to the 1986 Act.
33Section 3(7) of the 1922 Act.
34Ibid, s 3(1).
35Section 3(2) of the 1922 Act.
36See ibid, s 3(3).
371922 Act, s 2(2).
381922 Act, s 2(9).
391950 Act s 4(2).
401922 Act, s 6.
411922 Act, s 4(2).
421922 Act, s 1(1)(b).
43Section 1(1)(c).
44Section 1(1)(d).
45Section 1(1)(e).
46See s 2(2) ibid.
471922 Act, s 5.