Key Case Law Flashcards
1
Q
Which case establishes how to determine a lease from licence?
A
The case of ‘Street v Mountford [1985]’ establishes the 3 key features of a lease:
The Tenancy is for a consideration of payment (‘Rent’);
The Tenancy is for a fixed determinable period of time (‘Term’) and;
The Tenancy grants exclusive possession of the property to the Tenant.
2
Q
Tulk v Moxhay (1848)?
A
Tulk v Moxhay (1848) is a landmark English land law case which decided that in certain cases a restrictive covenant can “run with the land” (i.e. a future owner will be subject to the restriction) in equity. It is the reason that Leicester Square exists today.
