Agricultural tenancy reform: the end of law; or a new popular culture?

This paper applies a reading of the postmodernisation of law to the incremental reform of agricultural holdings legislation over the last century. In charting the shifting legal basis of agricultural tenancies, from ‘black letter’ positivism to the cultural contextuality of sumptuary law, the paper theorises that the underlying political imperative has been allied to the changing significance of property ownership and use. Rather than reflecting the long-term official desire to maintain the let sector in British agriculture, however, the paper argues that this process has had other aims. In particular, it has been about an annexation of law to legitimise the retention of landowner power while presenting a rhetorical ‘democratisation’ of farming, away from its plutocratic associations and towards a new narrative of ‘depersonalised’ business.

Commentary on an example of a tenancy agreement for an agricultural holding

This paper sets out an example of a standard agricultural tenancy, being one creating a tenancy from year to year and consequently covered by the agricultural holdings legislation. A facing-page commentary gives a clause-by-clause analysis of the agreement, the implications of each provision being discussed in the light of the law of contract, agricultural holdings legislation and, where appropriate, subsequent caselaw.

The Bruton tenancy: a matter of relativity

Argues that the controversial "Bruton tenancies" created by the House of Lords decision in Bruton v London & Quadrant Housing Trust should be seen as a form of proprietary tenancy. Discusses the view that those without an estate in land are prevented by the nemo dat principle from granting a lease, the scope for tenancies derived from equitable interests, and the challenges to Bruton tenancies posed by the Court of Appeal ruling in Milmo v Carreras. Explains how Bruton tenancies create a circumscribed proprietary interest in land, best understood through the concept of relativity of title.

Regional differences regarding land tenancy in rural Rwanda, with special reference to sharecropping in a coffee production area

This paper examines land tenancy systems and tenant contracts in Rwanda, with respect to socioeconomic contexts. Our research in southern and eastern Rwanda produced data suggesting that land borrowing with fixed rents has been generally practiced, and that rent levels have been low in comparison to expected revenues from field production. In the western areas of coffee production, however, the practice of sharecropping has recently appeared. This system is advantageous to landowners, as they are able to acquire half of the harvests; in addition, the fixed rent levels in this region are much higher than those of other regions. In the southern and eastern regions, because land borrowing with fixed rents has been the only tenancy pattern and rent levels have remained low, the economic situation should be interpreted in the context of a continuing traditional Rwandan land tenure system. In contrast, in the western coffee production area, the soaring of fixed rents and the emergence of sharecropping have been brought about by high pressures for land use, which were caused not only by a population increase but also by the development of cash crop production and the existence of a labor exchange system. The increase in rent levels has therefore been offset by a corresponding increase in agricultural productivity.

Papers on tenancy.

I. The agricultural ladder, by W.J. Spillman.--II. Tenancy in an ideal system of land ownership, by Richard T. Ely and Charles J. Galpin.--III. Discussion, by W.J. Spillman and Charles L. Stewart.

"The land is mine" : from tenancy to family farm ownership /

Includes bibliographical references and index.

Farm tenancy : an analysis of the occupancy of 500 farms /

Cover title.

Farm land, value of products, and tenancy in the southeast /

"4-63."