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ARTICLE · 18 NOVEMBER 2016

Gaining Vacant Possession: Four Things Every House Builder Needs To Know

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As a Real Estate Litigator, one of the things which I am often asked to advise upon is how to gain vacant possession of agricultural land.

CanadaReal Estate and Construction
Rob Bridgman
Rob Bridgman
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As a Real Estate Litigator, one of the things which I am often asked to advise upon is how to gain vacant possession of agricultural land. Before doing that, the first job is to identify the agricultural occupier's precise legal interest. Is it a lease, or merely a licence? Is it for agricultural use? Could it be for business use?

Possible occupational interests

If the land definitely is let for agricultural purposes then (broadly speaking) there are two possible scenarios:

  1. the tenant occupies under an Agricultural Holding; or
  2. the tenant occupies under a Farm Business Tenancy (known as an FBT).

An agreement entered into before 1 September 1995 will generally be an agricultural holding, whereas an agreement entered into on or after 1 September 1995 will generally be an FBT. Whilst this article isn't intended to be a comprehensive review of the differences between the two, it is generally accepted that an agricultural holding brings with it more problems

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