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Video instructions and help with filling out and completing Leasing land
Instructions and Help about Leasing land
In this lesson we are going to begin our three-part discussion on one of the most important aspects of property law or land law which are leases now we are going to discuss the formalities the creation and termination as well as the enforceability of leases in relation to UK property law the very first aspect that we need to understand is that the very notion or the concept of leases allows for two or more persons to enjoy benefits of an estate in land at the same time now if you note back to the introduction lesson of this course we discussed on the difference between an estate and an interest both being proprietary rights in land and interests is that which is a right over another's land whereas an estate is ownership of your own land so either be the freehold or a leasehold in this case of course a lease the ownership is the most paramount or the most important the most enforceable type of proprietary right now there are several characteristics of a lease and these have been outlined in the seminal case of Street & Mountford and we'll have a look at that right now the very first feature or characteristic of a lease or to determine if it is in fact a lease is to identify whether there is exclusive possession now exclusive possession is where the tenant has control over who enters the land itself who enters the property he has the ability in fact to exclude anyone including the freehold owner or the landlord himself now there are several considerations here to be taken into account firstly if for some instance the landlord or the freehold owner retains a key that may negate exclusive possession as was held in Aslan and Murphy however much like many other aspects of law there is in fact an exception to this rule which is that if the key was retained to for example do repairs of any emergency purposes then it may not negate exclusive possession now what should be derived from this is that in relation to exclusive possession at least it's determined by court on a case-by-case basis there might be exchange ating circumstances which lead the court to believe that whatever the retention of the key or entry permission that was retained by the landlord of the freehold owner was due to some particular reasoning and it's not a complete blanket situation where a key is retained that there is no exclusive possession with the leasehold owner now this brings us to another important point in relation to exclusive possession in so far as to discuss the difference between the license and a lease as well now we look at this a bit later on in this particular topic but the crux of it the main elements are the fact that the main difference between a lease and a license is in this component of exclusive possession so the important aspect.