Ownership Of And Rights Over Land Flashcards
What is a lease for life?
The law of property act 1925 means that a lease for life is a 90 year term
Lease determinable only once the tenant has died by written notice if one month
What is a lease until marriage?
Automatically converted by law of property act 1925 to a 90 year term, determinable after marriage upon one months written notice
What is a perpetually renewable lease?
A lease that contains a clause that when the lease determines it will automatically be renewed on the same conditions
The law of property act 1922 converts such a lease into a 2000 yr term
Therefore in practice the lease becomes a term certain, only determinable by the tenant
What is a periodic tenancy?
Can be for one week or one month, at the end of each period, it is extended for another
In practice therefore the lease will continue until one side gives notice
What is a reversionary lease?
A lease that will commence at some future time (within the next 21 years)
What is a discontinuous lease?
Where there is a timeshare
I.e tenant enjoys exclusive possession for one week a year for 25 years
What is a fixed term lease?
A lease for any period of time
How long does a lease have to be before it is required to be registered?
The Land Registration Act 2002 states that since October 2013 a lease of more than a term of 7 years requires registration or triggers registration
What is the meaning of a bare licence?
An informal or implied allowance to do something, permission for which can be removed at any time (eg. Guests right to remain at a house during s dinner party, the right to play football in a neighbouring garden or the right for the postman to use the garden path)
What is a licence coupled with an interest?
Where a licence is implicit as part of a formal interest
(Eg where someone had a profit a prendre to shoot pheasants. The person would have an implied licence to enter into land to shoot and take the birds away. This kind of licence is not revocable as supported by a right)
What is a contractual
Licence?
Examples include where someone buys a ticket to enter an event, for example a race meeting, garden open day or theatre show
To revoke the licence would amount to a breach of contract
A contractual licence does not however give rise to an interest in land and is not enforceable against any third party
By what other name is a right to re-enter known?
Forfeiture
