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Excerpt from Encyclopaedia of the Laws of England, Vol. 9: With Forms and Precedents
Market Gardens. - Market gardens until recent years were subject in the main to the same incidence of the law of landlord and tenant (q.r.) as any other lettable hereditament, though some amendments in favour of tenants have been made in recent years. The Agricultural Holdings Act, 1883, 46 & 47 Viet c. 61, applies to market gardens (see 46 Sc 47 Viet. c. 61, ss. 1, 54, and 61), and therefore the tenant of a market garden is entitled to compensation for unexhausted improvements in the same way that the tenant of an agricultural holding is entitled. His right to compensation has been further extended by the Market Gardeners' Compensation Act, 1895, 58 & 59 Viet. c. 27, [and by the Agricultural Holdings Act, 1900, 63 & 64 Viet. c. 50. It may be noted that in the case of an agricultural holding, to which sec. 3 of the Market Gardeners' Compensation Act. 1895, applies, consent of, or notice to, the landlord is not required as a condition precedent to a right to claim compensation as to the following: -
(i.) Planting standard or other fruit-trees permanently set out.
(ii.) Planting fruit-bushes permanently set out.
(iii.) Planting strawberry-plants.
(iv.) Planting asparagus, rhubarb, and other vegetable crops which continue productive for two or more years.
(v.) Erecting or enlarging buildings for the purpose of the trade or business of a market gardener.
By see. 5 of the Agricultural Holdings Act, 1906, 6 Edw. VII. c. 56 (which comes into force January 1, 1909), sec. 4 of the Market Gardeners' Compensation Act 1895, is to apply to improvements executed before the date of the commencement of the Act, in like manner as the section applies to improvements executed after that date.] See also King v. Eversfield, [1897] 2 Q. B. 475.
There is special legislation on the subject of market gardens with reference to rating. For the purposes of the general district rate, it is provided by sec. 211 (1, b) of the Public Health Act, 1875, that "the occupier of any land used as arable, meadow, or pasture ground only, or as woodlands, market gardens, or nursery grounds... shall be assessed in respect of the same in the proportion of one-fourth part only of such net annual value thereof." A similar provision is contained in sec. 230 of the same Act with reference to the mode of raising contributions in a contributory place for special expenses.
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