Occupation of Land - Licence vs Tenancy, 1986 or 1995 Act?

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    Occupation of Land - Licence vs Tenancy, 1986 or 1995 Act?

    I'm trying to ascertain what sort of tenancy (if any) exists in relation to a piece of agricultural land, and how a potentially pre-existing tenancy is impacted by later documentation.

    The initial agreement entered into was a fairly standard grazing licence (presumably in an attempt to preclude a 1986 Agricultural Holdings Act tenancy), around 30-35 years ago - however the licencee/tenant has always, from the beginning, had exclusive year-round occupation, has farmed the land as his own, erected and maintained boundaries, etc. - the owner has never maintained, farmed, occupied or attended to the land in any way whatsoever.

    A similar agreement was signed regularly (albeit not always annually), and a form of annual-term "licence"/tenancy agreement has been signed, on occasion, post the Agricultural Tenancies Act 1995. Rent payments have always been made annually, whether any agreement was signed for not.

    How does the historic and current use and occupation of the land relate to the agreements signed, given that they do not reflect the actual situation?

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