Land Lease Dispute Resolution

Summary

Davidson can issue a writ of waste against Johnston for degrading the land beyond the lease terms. Johnston might counter with a writ of assize of novel disseisin if Davidson interferes with their possession. Johnstons defenses could include implied consent, estoppel, or customary rights, but these are weak given the leases specific terms for cultivation and animal husbandry only. Legal advice is recommended to navigate this complex property dispute.

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Any other defences for the Johnston
The Johnston family could potentially argue the following additional defenses:
- Implied Consent: They might claim that the landlord's silence on the excavation implied consent.
- Estoppel: If Davidson had knowledge of the excavation and did not object initially, Johnston may argue estoppel.
- Customary Rights: If there was a local custom allowing such activities on leased land, they might invoke customary rights.
Do you need more information on any of these defenses?