THE Evesham Custom - the traditional way in which rented land changes hands - has come under threat and has prompted Richard Mumford, of Timothy Lea & Griffiths, to write a paper on the subject which he intends to expand into a booklet.

Mr Mumford is currently awaiting a response from the Dean & Chapter of Christ Church, Oxford, and their agents, as to how they wished to deal with the change over of a tenancy on a small area of land at Badsey, which could drastically affect the future.

He explained: "Over the years, Evesham Custom has amounted to an outgoing tenant providing his own replacement for the landlord and either the incoming tenant paying an amount to the outgoing tenant to cover all tenant right matters.

"Traditionally, this has included a premium to obtain the occupation of that land, or the landlord matches the incoming tenant's offer and takes the land in hand, for whatever reasons."

Mr Mumford said Christ Church had changed their agents to Smith Woolley, of Woodstock, who were trying to say that if the landlord wishes to take the land in hand, the landlord pays only the value of the tenant's improvements, which on a bare piece of land may be minimal, whereas an incoming tenant may offer £300 or £400 an acre.

"I have recently obtained an opinion from a leading QC, who specialises in agricultural law matters, and he has pointed out the law, as written in the Acts, does work in the way that Smith Woolley indicate," Mr Mumford said.

"However, he has also highlighted the description of Evesham Custom in the booklet by Charlie Gardener, who was clerk to Evesham RDC, that the legislation does not go as far as local practice. There is also a question of looking at the practice that the landlords have operated the system of paying the outgoing tenant what any incoming tenant has offered in the past."

Mr Mumford pointed out: "There are a large number of people with land holdings, who would anticipate receiving £300 or £400 per acre or more from an incoming tenant when they wish to give up, who would seriously lose out if Smith Woolley have their way."