16 



(5) Erection or enlargement of buildings 

 for the purpose of the trade or busines. 

 of a market gardener ; 



if it is " agreed hy an agreement in writing 

 made on or after the 1st dai/ of January, 1896, 

 that the holding shall be let or treated as a 

 market garden." 



If it is not so agreed and the land is let to 

 him nominally as ordinary agricultural land 

 and not as a fruit farm or market garden he 

 will have no such right, even though it may, in 

 fact, be cultivated for fruit or market garden 

 crops. 



The result is that a tenant cannot prudently 

 pxpend capital in making such permanent 

 improvements as the planting of fruit trees 

 or fruit bushes unless (1) previously to doing 

 so he has obtained the written consent of bis 

 landlord, or (2) the treating of the land as 

 a fruit farm or market garden has been ex- 

 pr essly recognised by his lease or tenancy 

 agreement, or (3) he has obtained a lease 

 of such length as will enable him to recoup 

 himself for his expenditure by taking the 

 produce of his planting over a considerable 

 number of years. 



If he can obtain a clause in his lease or 

 tenancy agreement as follows: — "It is hereby 

 agreed and declared that the lands hereby 

 demised are let and may be treated as a 

 market garden," he will be in a safe position, 

 or it will probably suffice if the lands let are 

 described as a market garden in the lease or 

 agreement. 



A tenant holding under a tenancy current 

 on 1st January, 1896, is, as above mentioned, 

 in a more favourable position, for in such 

 case if the holding was then in use or cultiva- 

 tion as a market garden with the knowledge 

 of the landlord, the tenant is entitled to 

 compensation as if it had been agreed in 

 writing after that date that the holding 

 should be let or treated as a market garden. 

 There are, however, probably now few tenants 

 who are in this fortunate position. 



Supposing a tenant has planted fruit trees 

 and fruit bushes and he is not entitled to 

 compensation under the law as above stated, 

 the question may be asked whether he may, 

 on quitting, remove fruit trees and fruit 

 bushes planted by him. The answer is " No," 

 unless it is so expressly provided by his lease 

 or tenancy agreement. The principle of law 



applicable to such a case is embodied in th-i 

 legal maxim "Quicquid plantatur solo, solo 

 cedit," that is to say, any permanent additions 

 to the land belong to the landlord (subject 

 to exceptions in regard to " fixtures," to be 

 hereinafter stated) and the tenant must leave 

 his fruit trees and fruit bushes permanently 

 set out for the benefit of his landlord. 



II. — Compensation for Manures, etc. 



The Agricultural Holdings Act, 1908, givps 

 a tenant on quitting his holding at the deter- 

 mination of his tenancy (notwithstanding 

 any agreement to the contrary) an unimpeach- 

 able right to compensation for improve- 

 ments to the holding by the application of 

 fertilisers and manures, whether the consent 

 of the landlord has been obtained to such 

 application or not. This right extends to all 

 the items mentioned in Part III of the First 

 Schedule to the Act which includes (among.st 

 other things) chalking of land, liming of land, 

 marling of land, application to land of pur- 

 chased artificial or other purchased manure, 

 consumption on the holding by cattle, sheep 

 or pigs, or by horses, (other than those 

 regularly employed on the holding) of corn, 

 cake or other feeding stuflf not produced on 

 the holding, and consumption on the holding 

 by cattle, sheep or pigs, or by horses, (other 

 than those regularly employed on the holding) 

 of corn proved by satisfactory evidence to 

 have been produced and consumed on the 

 holding. The list also includes and gives 

 the tenant a right to compensation for repairs 

 to buildings being necessary for the proper 

 cultivation or working of the holding, other 

 than repairs which the tenant is himself 

 under an obligation to execute ; but it is 

 provided that the tenant before beginning to 

 execute any such repairs shall give to the 

 landlord notice in writing of his intention, 

 together with particulars of such repairs, and 

 shall not execute the repairs unless the land- 

 lord fails to execute them within a reasonable 

 time after receiving such notice. 



Notice of any claim by a tenant for com- 

 pensation under the Act, whether for planting 

 of fruit trees and fruit bushes (where he is 

 entitled to make such claim) or for any of the. 

 matters mentioned in Part III of the First 

 Schedule, must be given to the landlord before 

 the determination cf the tenancy and should 

 usually be in writing, though it does not 

 appear that writing is essential. 



