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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12183
Experience:  30 years as a practising solicitor.
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Could you have agricultural tenancy rights in scotland even

Customer Question

Could you have agricultural tenancy rights in scotland even when you havent paid rent?
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

What is the nature of the tenancy and when did it start? Do you know if you have a 1991 Act tenancy, a limited duration tenancy, or a short limited duration tenancy?
Customer: replied 4 years ago.
No not aware of any tenancy agreement . As I own half of the farm and have done for a number of years not paying any rent but since my mum died my sister wants to be paid out. As this amounts to a lot of money I was wondering if I had any chance of tennants rights. Also does she have the right to force me to sell my share as well.
Expert:  JGM replied 4 years ago.
No, this is not a tenancy situation at all. You and your sister jointly own the farm. She is entitled to either be bought out or have the property sold and the proceeds divided. You will have to decide which you want to do.

Happy to discuss further.