Helping a client to recover possession of farmland
We were instructed to advise a landowner in respect of the recovery of possession of farmland from his longstanding farm business tenant.
The tenant had occupied the land since 1997 under the tenancy although he had previously owned the land since the late 1970s, having sold it to our client in the mid-1990s when he had encountered financial problems.
The tenant defended the possession proceedings and claimed that he could not be dispossessed as he had made a verbal option to re-purchase the land at the time he had sold it to our client. It was not in dispute that the parties had previously been in extensive discussions for more than 10 years regarding the possibility of the tenant re-purchasing the land.
The legal arguments in respect of the alleged option to purchase were complicated. Amongst other things the tenant needed to prove that there had been a binding promise to re-sell him the land and that he had acted to his detriment in relying upon the agreement.
The case came to trial for 4 days in the Chancery List of the Central London County Court in February 2014 where we successfully obtained possession for the Claimants and defeated the tenant’s arguments.
There was a great deal of scope for the Court to have sympathy for the tenant but we ensured that the case was successfully presented on the strength of the core legal arguments.
If you would like help and advice in relation to possession proceedings please contact Chris Longden