Common sense prevails in Appeal Court judgement

7 July 2020

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Cooke & Arkwright has recently been involved for rural landowners in a Court of Appeal case where an agricultural tenant was seeking to restrict the rights of the landowners to enter onto the land for the purpose of various inspections and surveys, some of which were related to potential future development of parts of the land.

The Court of Appeal handed down the judgement this week which found in the landowner’s favour with an approach to the interpretation of such entry provisions which advocated a common sense, practical view and not a narrow restrictive view.

This can only be of help to professionals dealing not only with rural property, but with all aspects of property, and property management where good and constructive relationships between landowners and tenants is in the best of interests of both sides.