Land law Essay Example | Topics and Well Written Essays - 1500 words - 2

Land law - Essay Examplein respect of the land., these great deal be express covenants agreed between the parties or implied covenants as a matter of law (implied could be the obligation of the tenant to pay rent under the equitable hold. (Shiloh Spinners v Harding)1). Lord Templeman in roadway v Mountford2 said that the essential feature of a lease is that unshared possession of the property is apt(p) to a person for stipulate term, in return of rent. The most historic issues in respect of exclusive possession is the f turning that it gives ownership to the person for a specified period of time, and because of it being a copy right handed interest, it can be assigned, and may be binding on subsequent owners of reversion. In the case of a license it is more of a personal right, binding on parties who created it. (Lloyd v. Dugdale)3. Furthermore, in the case of leases the landlords right is restricted to remove tenants and to set rent, this is contrary to what happens in the ca se of indorses. Therefore the distinction of lease and licence is of the essence. The deciding factor in respect of lease and licence is that of exclusive possession. Exclusive possession is hardened by the facts and surrounding circumstances and other factors. Labels in themselves are therefore not decisive, and so the target of the parties are not relevant, but the substance of rights that have been created have been construed to be relevant. There are sure exemptions where even if the occupier is in exclusive possession a lease is not created ( Lord Denning in Facchini v Bryson)4. In conformity with Lord Templeman in Street, the fact that the substance of agreement and not the label, is what is important, restricts the situations whereby a license would be construed. From the facts, it can be construed that exclusive possession was shell outed to Tom. The next element that is important is the fact that it must be for a certain term. This is clearly the case as Li wizl agree d to grant Tom a lease for five years. The next element of tenancy is that of rent as specified by Lord Templeman in Street. Clearly Tom was under an obligation pay the rent as well as the premium. Thus in the current situation a lease has been created. As farther as creation of a lease is concerned, that is done in two stages, the first being the stick being concluded so as to grant a lease between the landlord and tenant, and the next blackguard is that of the execution of the geld by grant of lease by deed. For the existence of a legal lease of more than three years or where a premium is charged are legal just if they are executed by deed, a requirement under section 52(1) of the Law of Property act 1925. A deed has been defined as a formal written document and in accordance with section 1 of Law of Property (Miscellaneous) Provisions Act 1989, a said document is construed to be a deed only if it expressly declared itself to be a deed and is witnessed by one other person. As far as equitable leases are concerned, they tend to exist when an enforceable contract is entered into between the landl