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A lease is an estate in land of defined duration. It is capable of subsisting; as a legal estate, but it must be created in the manner required by the law and satisfy the definition of a 'term of years absolute' otherwise it is an equitable interest.

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Introduction

A lease is an estate in land of defined duration. It is capable of subsisting; as a legal estate, but it must be created in the manner required by the law and satisfy the definition of a 'term of years absolute' otherwise it is an equitable interest.1 There are two types of lease; fixed which is self determining 6months, 1 year, 50 years. The vital feature is that it is a fixed maximum duration. Periodic, weekly, monthly, annually, it continues indefinitely until terminated giving notice. A lease is sometimes referred to as hybrid- proprietary interest in land but roots in contractual relationship between landlord and tenant. There are also 3 essential requirements for a lease, according to Lord Tepleman the lessee or tenant must be granted: exclusive possession, for a fixed or periodic term; and in consideration of a premium (lump sum) or periodical payments. A licence is different it's a permission to do some act which would otherwise be unlawful in regard to the land of another person. ...read more.

Middle

of a lease and a licence is, the tenant, as owner of a term of years has a clear right to recover possession from trespassers who invade his land. However the licensee has no legal title to exclude the other 'persons' as he lacks any estate in the land. 10 (Grey). In recent times the courts have attached an importance to the degree of possessory control exercised over land by a licensee. Therefore a contractual licensee who is in 'effective control' of a site is entitled to obtain an order for possession as against trespassers who have entered that site without consent.11 This is backed by Manchester Airport plc v Dutton12; the court of appeal upheld the right of a contractual licensee to invoke the 'fast possession' procedure in order to recover possession from trespassing protestors on an environmentally sensitive development site. This form of eviction was made available even though the licensee had no right to exclusive possession of the area, had at best merely limited rights of entry for specified purposes, and most surprisingly was not yet in occupation of the sit at all.13 (Grey) ...read more.

Conclusion

4 Westminister CC v Clarke (1992) 2 AC 288 5 Hounslow LBC v Twickerham Garden Development Ltd (1971) CH 233 6 Street v Mountford (1985) AC 809 Per Lord Templeman 7 Mehta v Royal Bank of Scotland Plc (1999) 8 Pemberton v Southwark lbc (2000) 1 WLR 1672 9 Hunter v Canary Wharf Ltd (1997) AC 655 10Gray K, Gray S, Elements of Land Law, 3rd Edition, 2001, Butterworths 11 Gray K, Gray S, Elements of Land Law, 3rd Edition, 2001, Butterworths 12 Manchester Airport Plc v Dutton (2000) 1 QB 133 AT 147F - G 13 Gray K, Gray S, Elements of Land Law, 3rd Edition, 2001, Butterworths 14 Gray K, Gray S, Elements of Land Law, 3rd Edition, 2001, Butterworths 15 Wilkie M, Cole G, Landlord and Tenant Law, Macmillian Law Masters, 4th Edition, 2000, Macmillan 16 Gray K, Gray S, Butterworths Core Text Series Land Law, 1999, Butterworths 17 A Practical Approach to land lord and tenant 18 Wilkie M, Cole G, Landlord and Tenant Law, Macmillian Law Masters, 4th Edition, 2000, Macmillan ...read more.

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