Difference between lease and a licence

Normally if a person occupying another's land does not have exclusive possession she is not a tenant but only a lodger, or a licensee.1 Thus if Joyce does not have exclusive possession of first floor apartment of the house, she will be considered a licensee. In determining the legal status of the occupation agreement between Raj and Joyce the decision of the House of Lords in the case Street v. Mountford2 will provide some assistance. Lord Templeman stated that the normal test of a tenancy is the factual question of 'exclusive possession' ; the intention of the parties is irrelevant.3 Thus if Joyce can established that she has been granted exclusive possession by Raj the court shall hold the "Occupation Agreement" to be a lease irrelevant of Raj's clear intention to create a Licensee. In A. G. Securities v. Vaughan, Antoniades v. Villiers 4the House of Lords held, in the first of this pair of cases heard together, that a group of four people who shared a flat could not be tenants because they did not fulfill the requirements of a 'joint tenancy', the only way by which people can legally share land (see Chapter 12). They did not all arrive at the same time, and so they did not share 'unity of title': they were merely licensees. In the second case, however, a 'License Agreement' which seemed to give the owner the right to sleep in the tiny flat with a cohabiting couple was

  • Word count: 1856
  • Level: University Degree
  • Subject: Law
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Landlord and Tenant covenant not to assign

In this assessment I will be discussing under what circumstances Landlords are entitled to refuse their consent to Tenants to assign, sublet or otherwise part with possession of the demised premises without the Landlord's consent, referring to relevant Statutory and Case law authority in deciding/concluding if a balance has been struck between the Landlord and Tenant relationship interest in this context. Covenants are the promises made in the lease by the landlord and tenant which govern their legal relationship and the use of the property. Their covenants oblige them to do certain things and to refrain from doing certain things. In formal leases, the parties' mutual rights obligations are defined by express covenants. Most rights and obligations are fixed by express covenants. In such leases the express covenants will cover a wide range of obligations, including rent, insurance, repair, assignment and subletting etc. It is common for both the landlord and tenant to sell and transfer 'assign' their interests. Assignment is when the tenant will sell his lease to the new tenant along with all his obligations. Subletting on the other hand is when the tenant will a new tenant but still be obliged under his obligations. Clearly doing so will have implications for the landlord whom Covenants restricting assignment and subletting are covenants by the tenant (also known as

  • Word count: 1109
  • Level: University Degree
  • Subject: Law
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John was the registered owner of two semi-detached houses, numbers 21 and 23 London Road. Number 21 had a garage attached, but number 23 did not. At the back of each of the houses there was a long garden. John occupied number 21himself and in 2000 he gran

John was the registered owner of two semi-detached houses, numbers 21 and 23 London Road. Number 21 had a garage attached, but number 23 did not. At the back of each of the houses there was a long garden. John occupied number 21himself and in 2000 he granted a five-year lease of number 23 to his friend Fred. John told Fred:" Feel free to park your car in the garage, as I am not thinking of getting a car myself at the moment". John also allowed Fred to use the swimming pool in the garden of number 21 and to pick flowers there whenever he wanted. In 2005, the lease was renewed for a further five years and in 2007 John sold number 21 to Alice. Alice has told Fred to keep out of her garden and to remove his car from her garage which she wants to use for her own car. Advise Fred. Nicholas Payne 4150081 Land Law Assignment Alison Cronin This concerns licenses and the servitudes; easements and profit a prendre with the key issue being whether the agreements that John (J) and Fred (F) have in place can become binding on a third party, Alice (A)and are capable of being propriety rights after the title has been sold. An easement is a right benefiting one piece of land (known as the dominant tenement) that permits the rightful users of that land to perform specified actions over an adjacent piece of land (known as the servient tenement). Easements are legal interests under s1 (2)

  • Word count: 1852
  • Level: University Degree
  • Subject: Law
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The property legislation of 1925

Introduction One of the most important changes made by the property legislation of 1925 was the severe curtailment of the equitable doctrine of notice which had played such an important role in the development of the land law. The doctrine is retained in unregistered land, although in a limited form [FN1] but is excluded entirely under the system of registration of title. [FN2] Yet in unregistered land the doctrine has, since 1925, retained an unexpected importance, whilst in registered land there seem increasingly to be traces of the doctrine. [FN3] Given the present uncertainty, it is instructive to trace the decline of the influence of the doctrine and to consider the reasons for that decline. [FN4] Problems with the doctrine The historical development of the doctrine of notice in the courts of equity is too well known to need detailed exposition [FN5]: its importance in the development of the law cannot be understated. Nevertheless, by the nineteenth century, the notice doctrine was acknowledged as causing considerable difficulties; it was identified in the earliest reports and proposals for reform in the nineteenth century as one of the major problems of real property. [FN6] Difficulties arose mainly over the question of whether a person who was admittedly a purchaser for value of a legal estate [FN7] in fact had ""notice" of the prior equitable right. Actual notice,

  • Word count: 4989
  • Level: University Degree
  • Subject: Law
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Land law - Freehold Covenants.

Land law Freehold Covenants Question 29. Max. Arthur and Universal holdings are the original covenantee and covenantor respectively of the two covenants to: a. not undertake a development of a greater density than 5 dwellings units x unit; and b. maintain road access at expense of Universal holdings. It is clear that Arthur sold the land to Universal Ltd subject to these covenants, however to ensure that Max, as owner of one of the mansions can enforce either of these covenants we must first look at whether the burden of it passed to Breezeblock plc in the conveyance of 2003 and secondly, whether the benefit of the covenant has passed to him. The passing of the burden. The first point to note is the nature of the covenants: the first of these covenants is restrictive and will be dealt within detail below. The second covenant is positive and it is not possible for the burden of a positive covenant to run with the land either in law or in equity (Hayward v Brunswick 1881). Only the original covenantor can be liable for positive covenants, and Breezeblock plc is not. Secondly, only freehold covenants that "touch or concern" land are capable of passing with a transfer of the land. In Swift investments v Combined English stores this was stated to mean that the covenant must affect the nature, quality, mode of user or value of the land. According to these guidelines

  • Word count: 1806
  • Level: University Degree
  • Subject: Law
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fixtures and chattels-problem questio

Word guideline: 2000 words Submission date: Thursday 16 November 2006 Hand back during week commencing: 11 December 2006 Title: Siegfried has recently sold the freehold of his house, Crown Villa to Boris. When Boris moved in yesterday he discovered that Siegfried had removed the following items: (i) a bathroom mirror with integrated lighting; (ii) a microwave oven which had been situated in an alcove in the kitchen; (iii) a free standing cupboard which had been in the utility room and (iv) A large summer house which had been adjacent to the rockery at the bottom of the garden. Advise Boris whether he can demand the return of these items. How might your advice differ if Boris had been the landlord and Siegfried the tenant of Crown Villa, and Siegfried had just vacated the property taking these items with him This question requires the discussion of what items fall within the classification of the legal definition of land This question requires the discussion of what items fall within the classification of the legal definition of land. Land Is defined in s205 (1) (ix) Law of property Act 1925 as "'Land' includes land of any tenure and mines an minerals, whether or not held apart from the surface buildings of parts of buildings (whether the division is horizontal, vertical or made in some other way) and other corporeal hereditaments, also a manor, an advowson,

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  • Word count: 1906
  • Level: University Degree
  • Subject: Law
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fixtures and fittings p/q

It is important that the issue is identified. The maxim "quicquid planatur solo, solo credit1" suggests that whatever is attached to the soil becomes part of it. The essence of this maxim leads to a fundamental distinction, the difference between fixtures and fittings/chattels (as well as items which are part and parcel of the land itself2). Furthermore, section 62 Law of Property Act 1925 includes fixtures are part of the 'conveyance of land', confirming the complex distinction of fixtures and fittings. The issue therefore is which category does each item come under? For clarity purposes it will be noted now, what will be concluded. If discovered we are dealing with fixtures then the purchaser (Yolanda) will be entitled to all fixtures attached to the land at the date of exchange of contracts3. In contrast to this if we find that items are fittings then David is entitled to sell the items on the internet or do whatever he pleases with them. In the viewing there seems to be an oral agreement, yet no formal measure has been carried out. Generally, as part of a contract for sale of land parties will be required to complete a fixture, fittings and content's form before the transaction has been completed for the purchase of land. If this is the case then both parties are entitled to whatever was agreed to in the form. However, it will assumed that no form was completed as

  • Word count: 1620
  • Level: University Degree
  • Subject: Law
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The system of land charges registration is a step in the wrong direction for land law reform in England and Wales. It would have been much better if we simply kept the doctrine of notice instead. Discuss and critically analyse the issues highlighted by this statement.

Land Coursework Freya Chaney 4699688 Seminar Leader: Gareth Spark Word Count: 1979 The system of registering land has come under much scrutiny in the past and is with no doubt in need of some reformation. However the question over whether the land charges register or the Doctrine of Notice is a more proficient system is debateable. To explore this debate further the technicalities, flaws and advantages of each system must be investigated. The law of Property Act 1925 (LPA) was introduced into English law with an intention of modernising and clarifying the previous unclear law which had many impractical technicalities and above all was lacking a well-defined framework. By providing the foundations to the Law of the Land in England and Wales, the LPA together with the Land Charges Act 1972 (LCA) have rendered the transfer of land and the subsequent matters surrounding it (such as conveyancing) with a faster and more coherent system as compared to the doctrine of notice from the previous laws. The doctrine of notice (DN) (which stems from the concept of ‘Equity’s Darling’), is a principle stating that a bona fide purchaser of a legal estate for value without notice may take an estate free of any equitable interests. This means that Equity’s Darling takes an interest in the property which supersedes any prior equitable interests affecting a legal estate. However by

  • Word count: 1968
  • Level: University Degree
  • Subject: Law
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Land Law Case. In advising Mary, it must be noted what rights she has over the adjacent land brought by George.

QUESTION 1 In advising Mary, it must be noted what rights she has over the adjacent land brought by George. George’s stance that he will do anything with his land will be looked into and whether Mary can do anything about the proposed development. The problem, Is the land capable of being used in this way and how it can be created. An easement is effectively a right which is enjoyed in one's land by another. "The common law recognised a limited number of rights which one landowner could acquire over the land of another; and these rights were called easements and profits." Mary will have an interest in the easement ‘right of light’. This easement however is well-defined and in order for a claim to be proficient of becoming an easement, it has characteristics to satisfy that are listed in the case of ‘Re Ellenborough Park’ (1956). These characteristics are in this manner; there have to firstly be a servient and dominant tenement, secondly that right has to accommodate a dominant tenement, this means that it is essential that it is associated with its enjoyment as well as for its benefit, as shown in the case of ‘Hill v Tupper’ (1863). This rule along with the case of ‘Ackroyd v Smith’ (1850) has triggered debate as this showed that the grouping of easements is limited to only renowned types, thirdly the servient and dominant tenements have to be owned by

  • Word count: 3295
  • Level: University Degree
  • Subject: Law
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Land Law

Unit: Land Law 3. Portsea Football Club is the owner of a city centre football stadium. Whilst it is difficult to put a value on the stadium as such, the land on which the stadium is built has provisionally been valued for redevelopment purposes at some £5,000,000. Three years ago the football club took out a loan with the Portsea and District Bank for the sum of £2,000,000, repayable (with interest) by equal monthly instalments over the period of ten years in order to finance improvements to the stadium and the loan is secured by a legal mortgage on the land. The football club is now in serious financial difficulties however, and has failed to pay the last two instalments when they fell due. Advise the Bank. The classic definition of a mortgage was provided by Lindley, cited in Chapelle (2007 p336) as "a transaction under which land or chattels are given as security for the payment of a debt or the discharge of some other obligation." It is fair to say that the relationship between Portsea Football Club and the Portsea and District Bank is directly related to the definition provided by Lindley. The security provided by the football club is the land belonging to the club on which the stadium is built. Portsea Football Club has borrowed two million pounds from the Bank, using the value of its land to secure the loan and it has a legal obligation to repay this mortgage

  • Word count: 1897
  • Level: University Degree
  • Subject: Law
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