Tenant farmer: Difference between revisions
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Originally, tenant farmers were known as [[peasants]]. If they were bonded to the land, they were also [[villeins]], but otherwise they were [[free tenants]]. |
Originally, tenant farmers were known as [[peasants]]. If they were bonded to the land, they were also [[villeins]], but otherwise they were [[free tenants]]. |
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==British Isles== |
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Historically rural society utilised a three tier structure of [[landowner]]s ([[nobility]], [[gentry]], [[yeomen|yeomanry]]), tenant farmers, and [[farmworker]]s. Many tenant farmers were affluent and socially well connected, and employed a substantial number of labourers. In the 19th century about 90% of land area and holdings were tenanted but these figures have declined markedly since World War II, to around 60% in 1950 and only 35% of land area in 1994.<ref name=Gibbard>{{cite web |url=http://www.reading.ac.uk/LM/LM/fulltxt/0397.pdf |title=Agricultural Tenancy Reform: The End of Law; or a New Popular Culture? |author=Gibbard, Ravenscroft and Reeves |date=1997 |work= |publisher=Reading University |accessdate=24 June 2010}}</ref> High rates of inheritance taxes in the postwar period led to the breakup or reduction of many large estates, allowing many tenants to buy their holdings at favourable tenanted prices. |
Historically rural society in the British Isles utilised a three tier structure of [[landowner]]s ([[nobility]], [[gentry]], [[yeomen|yeomanry]]), tenant farmers, and [[farmworker]]s. Many tenant farmers were affluent and socially well connected, and employed a substantial number of labourers and managing more than one farm, land which could either be owned in perpetuity or rotated by the owners. <ref>Studies of field systems in the British Isles by Alan R. H. Baker, Robin Alan Butlin</ref> In the 19th century about 90% of land area and holdings were tenanted but these figures have declined markedly since World War II, to around 60% in 1950 and only 35% of land area in 1994.<ref name=Gibbard>{{cite web |url=http://www.reading.ac.uk/LM/LM/fulltxt/0397.pdf |title=Agricultural Tenancy Reform: The End of Law; or a New Popular Culture? |author=Gibbard, Ravenscroft and Reeves |date=1997 |work= |publisher=Reading University |accessdate=24 June 2010}}</ref> High rates of inheritance taxes in the postwar period led to the breakup or reduction of many large estates, allowing many tenants to buy their holdings at favourable tenanted prices. |
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The system of protection for tenant farmers was developed gradually from |
Prior to 1875 tenants only rights were under common law which generally allowed only six months notice to quit and no security of tenure. The system of protection for tenant farmers was developed gradually from that year. Discontent and abuse of the system was a key element of emigration from the British Isles to America <ref>Emigration from the British Isles to the USA in 1841. CJ Erickson - Population Studies, 1990 </ref>, Canada <ref>Ontario as a home for the British tenant farmer who desires to become his own landlord. Ontario. Dept. of Immigration. Warwick & sons, 1892</ref> and elsewhere under the threat of being made landless <ref>Inside the British Isles by Arthur Gleason. 2008</ref> much of it being deliberate policy of the landowners. <ref name="Heyck">A history of the peoples of the British Isles: From 1870 to the present by Stanford E. Lehmberg, Thomas William Heyck 2002</ref>. Resettlement also led to the establish of successful <ref>The Irish Peasant - A Sociological Study by Various. 2009</ref> [[Protestant]] communities in [[Ulster]]. <ref name="Heyck" /> |
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===United Kingdom=== |
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The landmark 1948 Act was enacted at a time when war-time food rationing was still in force and sought to encourage long term investment by tenants by granting them lifetime security of tenure. Under the Agriculture (Miscellaneous Provisions) Act 1976 security was extended to spouses and relatives of tenants for two successions, providing that they had been earning the majority of their income from the holding for five years. Succession rights were however withdrawn for new tenancies in 1984 and this was consolidated in the Agricultural Holdings Act 1986. These two statutes also laid down rules for the determination of rents by the arbitration process.<ref>{{cite web |url=http://www.hmrc.gov.uk/manuals/ihtmanual/IHTM24211.htm |title=Agricultural tenancies: Overview of the legislation 1948 to 1995 |author= |date= |work= |publisher=HM Revenue and Customs |accessdate=24 June 2010}}</ref><ref name=Gibbard/> The 1986 statute covered tenancies over agricultural land where the land was used for a trade or business and the definition of "agriculture" in section 96(1) was wide enough to include various uses that in themselves were not agricultural but were deemed so if ancillary to agriculture (eg woodlands). The essence of the code was to establish complex constraints on the landlord's ability to give notice to quit, whilst also converting fixed term tenancies into yearly tenancies at the conclusion of the fixed term. In addition, there was a uniform rent ascertainment scheme contained in section 12. |
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It became difficult to obtain new tenancies as a result of landlords' reluctance to have a tenant protected by the 1986 Act and in 1995 the government of the day, with the support of industry organisations, enacted a new market-oriented code in the form of the Agricultural Tenancies Act 1995. The protection of the 1986 Act remains in respect of tenancies created prior to the existence of the 1995 Act, and for those tenancies falling within section 4 of the 1995 Act. For all other tenancies granted on or after 1 September 1995 their regulation is within the 1995 Act framework. That Act was altered with effect from 18 October 2006 by the Regulatory Reform (Agricultural Tenancies)(England and Wales)Order 2006 SI 2006/2805, which also contains changes to the 1986 Act. Tenancies granted after 18 October 2006 over agricultural land used for a trade or business will fall within the limited protection of the 1995 Act so as to enjoy (provided the term is more than two years in length or there is a yearly tenancy) a mandatory minimum twelve months written notice to quit, including in respect of fixed terms. There is for all tenancies within the scope of the Act a mandatory tenants' right to remove fixtures and buildings (section 8) together with compensation for improvements (Part III). The rent review provisions in Part II may be the subject of choice to a much greater extent than previously. Disputes under the Act are usually, by the terms of Part IV, the subject of statutory arbitration controlled by the framework of the Arbitration Act 1996. |
It became difficult to obtain new tenancies as a result of landlords' reluctance to have a tenant protected by the 1986 Act and in 1995 the government of the day, with the support of industry organisations, enacted a new market-oriented code in the form of the Agricultural Tenancies Act 1995. The protection of the 1986 Act remains in respect of tenancies created prior to the existence of the 1995 Act, and for those tenancies falling within section 4 of the 1995 Act. For all other tenancies granted on or after 1 September 1995 their regulation is within the 1995 Act framework. |
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That Act was altered with effect from 18 October 2006 by the Regulatory Reform (Agricultural Tenancies)(England and Wales) Order 2006 SI 2006/2805, which also contains changes to the 1986 Act. Tenancies granted after 18 October 2006 over agricultural land used for a trade or business will fall within the limited protection of the 1995 Act so as to enjoy (provided the term is more than two years in length or there is a yearly tenancy) a mandatory minimum twelve months written notice to quit, including in respect of fixed terms. There is for all tenancies within the scope of the Act a mandatory tenants' right to remove fixtures and buildings (section 8) together with compensation for improvements (Part III). The rent review provisions in Part II may be the subject of choice to a much greater extent than previously. Disputes under the Act are usually, by the terms of Part IV, the subject of statutory arbitration controlled by the framework of the Arbitration Act 1996. |
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The current regime for regulating tenancies, commonly known as the Farm Business Tenancy, offers a fixed term between landlord and tenant. In the cycle of animal husbandry and land use and improvement, the long term effect on the landscape of Britain is not yet proven. It was predicted by landowners and other industry spokesmen that the 1995 Act would create oppotunities for new tenants by allowing large areas of new lettings but this has not happened in practice as most landowners have continued to favour share farming or management agreements over formal tenancies and the majority of new lettings under the Act have been to existing farmers, often owner-occupiers taking on extra land at significantly higher rents than could be afforded by a traditional tenant.<ref name=Gibbard/> |
The current regime for regulating tenancies, commonly known as the Farm Business Tenancy, offers a fixed term between landlord and tenant. In the cycle of animal husbandry and land use and improvement, the long term effect on the landscape of Britain is not yet proven. It was predicted by landowners and other industry spokesmen that the 1995 Act would create oppotunities for new tenants by allowing large areas of new lettings but this has not happened in practice as most landowners have continued to favour share farming or management agreements over formal tenancies and the majority of new lettings under the Act have been to existing farmers, often owner-occupiers taking on extra land at significantly higher rents than could be afforded by a traditional tenant.<ref name=Gibbard/> |
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===Ireland=== |
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[[Scotland]] has its own [[Scots law|independent legal system]] and the legislation there differs from that of England and Wales. |
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==Ireland== |
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Until about 1900, the majority of Ireland was held by landlords, as much as 97% in 1870, and rented out to tenant farmers who had to pay rent to obliged to pay rent to landlords, and taxes to the Church and State. The majority of the people had no access to land. 1.5% of the population owned 33.7% of the nation, and 50% of the country was in the hands of only 750 families. Absenteeism was common and detrimental to the country's progress. Tenants often sub-rented small plots on a yearly basis from local farmers paying for them by labour service in a system known as [[conacre]] most without any lease or land rights. Irish smallholders were indistinguishable from the cottiers of England.<ref>Ireland and the land question 1800-1922 by MJ Winstanley</ref><ref>The importance of agrarian classes: agrarian class structure and collective action in nineteenth-century Ireland by S Clark - British Journal of Sociology</ref> |
Until about 1900, the majority of Ireland was held by landlords, as much as 97% in 1870, and rented out to tenant farmers who had to pay rent to obliged to pay rent to landlords, and taxes to the Church and State. The majority of the people had no access to land. 1.5% of the population owned 33.7% of the nation, and 50% of the country was in the hands of only 750 families. Absenteeism was common and detrimental to the country's progress. Tenants often sub-rented small plots on a yearly basis from local farmers paying for them by labour service in a system known as [[conacre]] most without any lease or land rights. Irish smallholders were indistinguishable from the cottiers of England.<ref>Ireland and the land question 1800-1922 by MJ Winstanley</ref><ref>The importance of agrarian classes: agrarian class structure and collective action in nineteenth-century Ireland by S Clark - British Journal of Sociology</ref> |
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The abuse of tenant farmers led to widespread emigration to the USA and were a key factor within the Home Rule movement. They underlines a deterioration in Protestant-Catholic relationships |
The abuse of tenant farmers led to widespread emigration to the USA and were a key factor within the Home Rule movement.<ref name="kearney" />The British Isles: a history of four nations By Hugh F. Kearney</ref> They also underlines a deterioration in Protestant-Catholic relationships <ref>Emigrants and exiles: Ireland and the Irish exodus to North America by Kerby A. Miller</ref> although there were notable elements of cooperation in reform attempts such as the Tenants League of the 1850s. <ref name="Connolly">Culture, identity and tradition. SJ Connolly - In search of Ireland: a cultural geography, 199</ref> Following the [[Potato Famine]] tenant farmers were the largest class of people. <ref>Ireland: land, politics, and people by P. J. Drudy</ref> Discontent led to the [[Land War]] of the 1870s onwards, the Irish Land Act 1870, the founding of the Land League 1879 to establish fair rents and the fixity of tenures. The movement played a key element in the unification of country and urban classes and the creation of a national identity <ref>A union of multiple identities: the British Isles, c1750-c1850 by L. W. B. Brockliss, David Eastwood</ref> |
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<ref>British democracy and Irish nationalism, 1876-1906 By Eugenio F. Biagini</ref> not existing before.<ref name="Connolly" /> |
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The [[Irish Land Acts|Land Act of 1870]] stands out at the first attempt to resolve problems of tenants rights in Ireland <ref name="kearney" /> and the [[Irish_Land_Acts#Second_Irish_Land_Act.2C_1881|1881 Act]] went even further to inspire campaigners even in Wales. |
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==United States== |
==United States== |
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Tenant farming |
Tenant farming has been important in the U.S.A. from the 1870s to the present. Tenants typically bring their own tools and animals. It is distinguished from both being a "hired hand" and being a sharecropper. |
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A hired hand is an agricultural employee even though he or she may live on the premises and exercise a considerable amount of control over the agricultural work, such as a foreman. A [[Sharecropping|sharecropper]] is a farm tenant who pays rent with a portion (often half) of the crop he raises and who brings little to the operation besides his family labor; the landlord usually furnishing working stock, tools, fertilizer, housing, fuel, and seed, and often providing regular advice and oversight. |
A hired hand is an agricultural employee even though he or she may live on the premises and exercise a considerable amount of control over the agricultural work, such as a foreman. A [[Sharecropping|sharecropper]] is a farm tenant who pays rent with a portion (often half) of the crop he raises and who brings little to the operation besides his family labor; the landlord usually furnishing working stock, tools, fertilizer, housing, fuel, and seed, and often providing regular advice and oversight. |
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* Taylor, Henry C. "Food and Farm Land in Britain," ''Land Economics,'' Vol. 31, No. 1 (Feb., 1955), pp. 24-34 [http://www.jstor.org/stable/3159797 in JSTOR] |
* Taylor, Henry C. "Food and Farm Land in Britain," ''Land Economics,'' Vol. 31, No. 1 (Feb., 1955), pp. 24-34 [http://www.jstor.org/stable/3159797 in JSTOR] |
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* Winstanley, Michael J. Ireland and the land question 1800-1922 |
* Winstanley, Michael J. Ireland and the land question 1800-1922 |
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* FA Buttress. Agricultural periodicals of the British Isles, 1681-1900, and their location, 1950. University of Cambridge. |
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* Nicholls Mark. A history of the modern British Isles, 1529-1603: the two kingdoms. 1999 |
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===U.S.=== |
===U.S.=== |
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* Donald H. Grubbs. ''Cry from the Cotton: The Southern Tenant Farmer's Union and the New Deal'' (1971) |
* Donald H. Grubbs. ''Cry from the Cotton: The Southern Tenant Farmer's Union and the New Deal'' (1971) |
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Revision as of 03:28, 31 July 2010
A tenant farmer is one who resides on and farms land owned by a landlord. Tenant farming is an agricultural production system in which landowners contribute their land and often a measure of operating capital and management; while tenant farmers contribute their labour along with at times varying amounts of capital and management. Depending on the contract, tenants can make payments to the owner either of a fixed portion of the product, in cash or in a combination. The rights the tenant has over the land, the form, and measure of the payment varies across systems (geographically and chronologically). In some systems, the tenant could be evicted at whim (tenancy at will); in others, the landowner and tenant sign a contract for a fixed number of years (tenancy for years or indenture). In most developed countries today, at least some restrictions are placed on the rights of landlords to evict tenants under normal circumstances.
Originally, tenant farmers were known as peasants. If they were bonded to the land, they were also villeins, but otherwise they were free tenants.
British Isles
Historically rural society in the British Isles utilised a three tier structure of landowners (nobility, gentry, yeomanry), tenant farmers, and farmworkers. Many tenant farmers were affluent and socially well connected, and employed a substantial number of labourers and managing more than one farm, land which could either be owned in perpetuity or rotated by the owners. [1] In the 19th century about 90% of land area and holdings were tenanted but these figures have declined markedly since World War II, to around 60% in 1950 and only 35% of land area in 1994.[2] High rates of inheritance taxes in the postwar period led to the breakup or reduction of many large estates, allowing many tenants to buy their holdings at favourable tenanted prices.
Prior to 1875 tenants only rights were under common law which generally allowed only six months notice to quit and no security of tenure. The system of protection for tenant farmers was developed gradually from that year. Discontent and abuse of the system was a key element of emigration from the British Isles to America [3], Canada [4] and elsewhere under the threat of being made landless [5] much of it being deliberate policy of the landowners. [6]. Resettlement also led to the establish of successful [7] Protestant communities in Ulster. [6]
Vereinigtes Königreich
The landmark 1948 Act was enacted at a time when war-time food rationing was still in force and sought to encourage long term investment by tenants by granting them lifetime security of tenure. Under the Agriculture (Miscellaneous Provisions) Act 1976 security was extended to spouses and relatives of tenants for two successions, providing that they had been earning the majority of their income from the holding for five years. Succession rights were however withdrawn for new tenancies in 1984 and this was consolidated in the Agricultural Holdings Act 1986. These two statutes also laid down rules for the determination of rents by the arbitration process.[8][2] The 1986 statute covered tenancies over agricultural land where the land was used for a trade or business and the definition of "agriculture" in section 96(1) was wide enough to include various uses that in themselves were not agricultural but were deemed so if ancillary to agriculture (eg woodlands). The essence of the code was to establish complex constraints on the landlord's ability to give notice to quit, whilst also converting fixed term tenancies into yearly tenancies at the conclusion of the fixed term. In addition, there was a uniform rent ascertainment scheme contained in section 12.
It became difficult to obtain new tenancies as a result of landlords' reluctance to have a tenant protected by the 1986 Act and in 1995 the government of the day, with the support of industry organisations, enacted a new market-oriented code in the form of the Agricultural Tenancies Act 1995. The protection of the 1986 Act remains in respect of tenancies created prior to the existence of the 1995 Act, and for those tenancies falling within section 4 of the 1995 Act. For all other tenancies granted on or after 1 September 1995 their regulation is within the 1995 Act framework.
That Act was altered with effect from 18 October 2006 by the Regulatory Reform (Agricultural Tenancies)(England and Wales) Order 2006 SI 2006/2805, which also contains changes to the 1986 Act. Tenancies granted after 18 October 2006 over agricultural land used for a trade or business will fall within the limited protection of the 1995 Act so as to enjoy (provided the term is more than two years in length or there is a yearly tenancy) a mandatory minimum twelve months written notice to quit, including in respect of fixed terms. There is for all tenancies within the scope of the Act a mandatory tenants' right to remove fixtures and buildings (section 8) together with compensation for improvements (Part III). The rent review provisions in Part II may be the subject of choice to a much greater extent than previously. Disputes under the Act are usually, by the terms of Part IV, the subject of statutory arbitration controlled by the framework of the Arbitration Act 1996.
The current regime for regulating tenancies, commonly known as the Farm Business Tenancy, offers a fixed term between landlord and tenant. In the cycle of animal husbandry and land use and improvement, the long term effect on the landscape of Britain is not yet proven. It was predicted by landowners and other industry spokesmen that the 1995 Act would create oppotunities for new tenants by allowing large areas of new lettings but this has not happened in practice as most landowners have continued to favour share farming or management agreements over formal tenancies and the majority of new lettings under the Act have been to existing farmers, often owner-occupiers taking on extra land at significantly higher rents than could be afforded by a traditional tenant.[2]
Irland
![[icon]](/wiki/File:Wiki_letter_w_cropped.svg){kind=small} | This section needs expansion. You can help by adding to it. |
Until about 1900, the majority of Ireland was held by landlords, as much as 97% in 1870, and rented out to tenant farmers who had to pay rent to obliged to pay rent to landlords, and taxes to the Church and State. The majority of the people had no access to land. 1.5% of the population owned 33.7% of the nation, and 50% of the country was in the hands of only 750 families. Absenteeism was common and detrimental to the country's progress. Tenants often sub-rented small plots on a yearly basis from local farmers paying for them by labour service in a system known as conacre most without any lease or land rights. Irish smallholders were indistinguishable from the cottiers of England.[9][10]
The abuse of tenant farmers led to widespread emigration to the USA and were a key factor within the Home Rule movement.[11]The British Isles: a history of four nations By Hugh F. Kearney</ref> They also underlines a deterioration in Protestant-Catholic relationships [12] although there were notable elements of cooperation in reform attempts such as the Tenants League of the 1850s. [13] Following the Potato Famine tenant farmers were the largest class of people. [14] Discontent led to the Land War of the 1870s onwards, the Irish Land Act 1870, the founding of the Land League 1879 to establish fair rents and the fixity of tenures. The movement played a key element in the unification of country and urban classes and the creation of a national identity [15] [16] not existing before.[13]
The Land Act of 1870 stands out at the first attempt to resolve problems of tenants rights in Ireland [11] and the 1881 Act went even further to inspire campaigners even in Wales.
Vereinigte Staaten
Tenant farming has been important in the U.S.A. from the 1870s to the present. Tenants typically bring their own tools and animals. It is distinguished from both being a "hired hand" and being a sharecropper.
A hired hand is an agricultural employee even though he or she may live on the premises and exercise a considerable amount of control over the agricultural work, such as a foreman. A sharecropper is a farm tenant who pays rent with a portion (often half) of the crop he raises and who brings little to the operation besides his family labor; the landlord usually furnishing working stock, tools, fertilizer, housing, fuel, and seed, and often providing regular advice and oversight.
Tenant farming was historically a step on the "agricultural ladder" from hired hand or sharecropper taken by young farmers as they accumulated enough experience and capital to buy land (or buy out their siblings when a farm was inherited.)
See also
- Landlord Harassment
- Serfdom
- Sharecropping
- Metayage system of sharecropping
- History of the United States (1865-1918)
Notes
- ^ Studies of field systems in the British Isles by Alan R. H. Baker, Robin Alan Butlin
- ^ a b c Gibbard, Ravenscroft and Reeves (1997). "Agricultural Tenancy Reform: The End of Law; or a New Popular Culture?" (PDF). Reading University. Retrieved 24 June 2010.
- ^ Emigration from the British Isles to the USA in 1841. CJ Erickson - Population Studies, 1990
- ^ Ontario as a home for the British tenant farmer who desires to become his own landlord. Ontario. Dept. of Immigration. Warwick & sons, 1892
- ^ Inside the British Isles by Arthur Gleason. 2008
- ^ a b A history of the peoples of the British Isles: From 1870 to the present by Stanford E. Lehmberg, Thomas William Heyck 2002
- ^ The Irish Peasant - A Sociological Study by Various. 2009
- ^ "Agricultural tenancies: Overview of the legislation 1948 to 1995". HM Revenue and Customs. Retrieved 24 June 2010.
- ^ Ireland and the land question 1800-1922 by MJ Winstanley
- ^ The importance of agrarian classes: agrarian class structure and collective action in nineteenth-century Ireland by S Clark - British Journal of Sociology
- ^ a b Cite error: The named reference
kearneywas invoked but never defined (see the help page). - ^ Emigrants and exiles: Ireland and the Irish exodus to North America by Kerby A. Miller
- ^ a b Culture, identity and tradition. SJ Connolly - In search of Ireland: a cultural geography, 199
- ^ Ireland: land, politics, and people by P. J. Drudy
- ^ A union of multiple identities: the British Isles, c1750-c1850 by L. W. B. Brockliss, David Eastwood
- ^ British democracy and Irish nationalism, 1876-1906 By Eugenio F. Biagini
Bibliography
British Isles
- Solow, Barbara. The Land Question and the Irish Economy, 1870-1903 (1972)
- Taylor, Henry C. "Food and Farm Land in Britain," Land Economics, Vol. 31, No. 1 (Feb., 1955), pp. 24-34 in JSTOR
- Winstanley, Michael J. Ireland and the land question 1800-1922
- FA Buttress. Agricultural periodicals of the British Isles, 1681-1900, and their location, 1950. University of Cambridge.
- Nicholls Mark. A history of the modern British Isles, 1529-1603: the two kingdoms. 1999
U.S.
- Donald H. Grubbs. Cry from the Cotton: The Southern Tenant Farmer's Union and the New Deal (1971)
- Hurt, R. Douglas. African American Life in the Rural South, 1900-1950 (2003)
- Caleb Sothworth. "Aid to Sharecroppers: How Agrarian Class Structure and Tenant-Farmer Politics Influenced Federal Relief in the South, 1933-1935," Social Science History, Vol. 26, No. 1 (Spring, 2002), pp. 33-70
- Turner, Howard A. "Farm Tenancy Distribution and Trends in the United States," Law and Contemporary Problems, Vol. 4, No. 4, Farm Tenancy (Oct., 1937), pp. 424-433 in JSTOR
- Virts, Nancy. "The Efficiency of Southern Tenant Plantations, 1900-1945," Journal of Economic History, Vol. 51, No. 2 (Jun., 1991), pp. 385-395 in JSTOR
World
- Allen, D. W and D. Lueck. "Contract Choice in Modern Agriculture: Cash Rent versus Cropshare," Journal of Law and Economics, (1992) v. 35, pp. 397-426.
- Liebowitz, Jonathan J. "Tenants, Sharecroppers, and the French Agricultural Depression of the Late Nineteenth Century," Journal of Interdisciplinary History, Vol. 19, No. 3 (Winter, 1989), pp. 429-445 in JSTOR
- Matsuoka, K. "The Peasant Worker in Japan," Pacific Affairs, Vol. 3, No. 12 (Dec., 1930), pp. 1109-1117 in JSTOR
- Udo, R.K. "The Migrant Tenant Farmer of Eastern Nigeria," Africa: Journal of the International African Institute, Vol. 34, No. 4 (Oct., 1964), pp. 326-339 in JSTOR
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