Brittany Pearce - Agriculture & Rural Affairs

Brittany is a member of the Agricultural Law Association with experience in a wide variety of agricultural issues, and is regularly instructed by landowners and farming tenants in connection with leasehold matters and real property disputes. With regard to leasehold matters, Brittany has provided advice in connection with disputes concerning residential, commercial and agricultural leases, typically on matters such as the construction of lease clauses, the enforcement of leasehold obligations, and the termination of leases. Recently, Brittany advised an agricultural tenant as to the obligations owed to him by the landowner from a residential and agricultural perspective, and offered advice as to the role of arbitration in the litigation process.

Brittany also has considerable experience when it comes to rural and agricultural disputes in a real property context. At trial, Brittany successfully defended a rural landowner against an adverse possession claim in circumstances where a crucial pillar of the defence concerned the legal effect of the presence of farming tenants on the land. Brittany has also acted in cases where the existence or extent of easements are in dispute, for instance where the passage of livestock has generated a dispute as to the extent of the right of way. Brittany is presently acting in another case concerning the type and nature of agricultural machinery that is permitted to utilise a rough track.

Brittany has also acted for rural landowners and tenants in disputes rooted in tort, such as trespass and nuisance. She is frequently instructed to assist in obtaining interim injunctions where there is a threat of interference with land, machinery and livestock. Further, Brittany has also acted in nuisance cases where complaint is made as to the effect of farming activities on neighbouring landowners.