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š The Essential Legal Distinction Between Leases and Licenses in Property Law
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We explore the crucial distinction between leases and licenses in land law, focusing on what legally constitutes a lease according to statutory definitions and landmark case law.
ā¢ A lease is defined as an estate in land of defined duration under the Law of Property Act 1925
ā¢ Three essential characteristics of a lease: exclusive possession, certain term, and rent/consideration
ā¢ Leases differ from licenses as they are proprietary rights that bind third parties
ā¢ Historical shift in court approaches from the 1960s-80s regarding landlord attempts to avoid Rent Acts
ā¢ Street v Mountford (1985) established that substance trumps labels in determining if an agreement is a lease
ā¢ Courts take an objective stance when determining if exclusive possession exists
ā¢ Landlord keeping keys doesn't necessarily prevent exclusive possession
ā¢ Maintaining "general control" of property suggests a license rather than a lease
Our next session will focus on how leases are legally created, both in law and in equity, and how they're protected in registered and unregistered land.
š”āļø Letās learn the law togetherāone session at a time!
Chapters
1. Introduction to Leases (00:00:00)
2. Defining Leases vs Licenses (00:02:09)
3. Essentials of a Lease (00:05:01)
4. The Evolution of Exclusive Possession Laws (00:09:16)
5. Legal Landmark Cases on Leases (00:13:48)
6. Preview of Lease Creation Discussion (00:19:04)
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