Class notes
Leases
- Course
- Institution
Land law notes on the topic of leases. First class notes that are comprehensible and well-organised
[Show more]
Seller
Follow
kikihana
Content preview
Land Law Lecture 7Leases
- Have to know for sure what the maximum duration should be
- Best authority is Prudential and Mexfield and Lace
- The orthodox view
- Have to know at the start what the maximum duration is going to be or you will not
have a valid lease
- How can you work with that rule creatively to get over the fact that this is a harsh
rule
o Can draft your way to success if you know the law
o Intention can be taken into account
o If the term is uncertain, can use LPA 1925 for lease for life to 90 years
o This only applies when there is a lease for life
- The rules established in Prudential and Mexfield is criticised by the judges in those
cases
Certainty: Is the Prudential/Mexfield version certainty justified?
Lord Templeman (Prudential): Lace – reaffirmed 500 years of judicial acceptance
Lord Browne-Wilkinson (Prudential) sceptical-
This bizarre outcome results from the application of an ancient and technical
rule of law which requires the maximum duration of a term of years to be
ascertainable from the outset. No one has produced any satisfactory rationale
for the genesis of this rule. No one has been able to point to any useful
purpose that it serves at the present day.”
- The rule is not overturned despite the criticism
20 years later Lord Neuberger in Mexfield – sympathetic to viewing the law as
unsatisfactory (but note his 6 reasons not to get rid of the rule [35]-[37])
They could have changed the rules but didn’t because
They might upset long established titles
Didn’t want to change the law to affect people’s ownership of land
It is for Parliament to change the law not the courts
Lady Hale in Mexfield (at [94]) who sees the need for reconsideration of Prudential
as “a matter of some urgency”
Judicial change ‘might upset long established titles’ – Lord Browne-Wilkinson
(Prudential) echoed by Lord Neuberger in Mexfield (at [36]) but as‘a not very
attractive point.
For Law Commission/Parliament to implement change not the courts?
Rule helps in holding conceptual distinction between fee simple (duration uncertain)
and term of years (Lord Templeman)
Protecting landlords from unanticipated/accidental consequences – fairness or too
extreme? Sparkes: (1993) LQR 93
Certainty: Clear rule easily applied means parties to the lease and prospective
purchasers know where they stand
Denies the parties stated intentions and flexibility? (As in Ashburn Anstalt?) See also:
Bright (1993) 13 Legal Studies 38; Bridge [2010] Conv 492
Have to work with the rule and minimise its damage
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller kikihana. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $4.57. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
56326 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now