Full resolution (JPEG) - On this page / på denna sida - III. Rural Husbandry. Introd. by H. Juhlin Dannfelt - 5. Agricultural Legislation. By C. Th. af Ekenstam
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iii. rural husbandry.
written lease, the tenant has the right to obtain the necessary lease. Should
the landowner refuse to give one, or should he refuse to confirm the conditions
of the lease which it is assumed were those according to which the tenant was
farming the land, then the court, on the application of the tenant, has the
power to confirm the conditions of the lease as far as they can be discovered after
investigation, and to the degree that they are in agreement with the law. Such
decisions of the court are as binding as a written lease, and, when they have
become operative, they can be placed on the records of the court.
The length of the lease is for the tenant’s lifetime or for a period of at least
fifteen years, unless the parties to the agreement mean to extend the life of a
lease which has already been in existence for fifteen years. If no fixed time
is mentioned in the lease it is considered as having been granted for fifteen
years, and the tenant can claim the right to give notice before the close
of the term of the lease. If the period for which the lease was granted has
ended and the tenant still remains on the farm, the lease is considered as
having been renewed for fifteen years, unless, within six months’ time, the
landlord gives the tenant notice to leave.
With respect to the rent, it is determined that this can be paid either in
money, kind or labour. When the labour consists of farm-work, it may not be so
required in respect to time that the tenant is prevented from properly farming
his own land. In addition to the amount of day’s work or other labour fixed
by the lease, there may not be added to the agreement a clause reserving to
the landlord the right to claim the assistance of the tenant on other occasions.
If there should be a serious failure of crops, the tenant that pays his rent in
money or in kind, shall receive a reasonable reduction in the rent.
In general, the tenant enjoys the right, even if no special mention is made
of it in the lease, either of resigning his lease, or else of making it over to
some other person. In the same way, the heirs of a deceased tenant have the
right either to proceed with the farming or, within six months of the decease of
the tenant, place another person in his stead, if the landlord will not take back
the farm.
During the tenancy of the farm, the landlord is responsible for the erection
and repair of the buildings necessary for the proper farming of the land. Should
the landlord neglect his duty, in this respect, the tenant has the right to call
in inspectors, who shall determine the amount of building or repairs to be done,
and direct the landlord to take steps to have the work carried out. If the
landowner still neglects to do so, the tenant, should he not prefer to resign his
lease, has the right to have the work in question done at the expense of the
landlord. When the tenant begins his occupancy of the farm, the landlord shall
place him in possession of it with all that belongs to it, in a state in
accordance with what is customary in the neighbourhood. If the landlord has failed
in this respect, the tenant may make good the defects and is entitled to
compensation from the landlord for what has thus been done.
In order that both parties to the agreement shall properly perform what the
lease enjoins on each of them, an inspection on the farm shall be made when
the tenant takes possession, and also when he leaves the farm. When he quits
the farm, the tenant has the right to compensation for breaking and farming
virgin land, or for work that has permanently increased the value of the farm.
Respecting the cultivation of virgin land, however, the law lays down that this
must not be done without the consent of the landlord when the land in question
is woodland with young trees, or is land where promising young trees are
growing. If the tenant intends to demand compensation for the cultivation of virgin
land, the consent of the landlord is always necessary before the work is begun,
or an inspection must be carried out by a proper person, who shall decide
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