I asked my client if the land utilised by his business was used W & E for his business.
His reply was that on quite a large portion of the land he allows farmers to graze their sheep free of charge. He also added that this was necessary otherwise the land would become unusable for his business purposes and that this was a very cost effective solution (being free).
Can my client still claim that the land being grazed is used W & E for his business?
It seems unfair to me for it not to be the case as he would loose the chance to reclaim mortgage interest on that portion of land and also suffer when he eventually sells it in the distant future
Comments gratefully received.