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(p. 219) 7. Leases 

(p. 219) 7. Leases
(p. 219) 7. Leases

Ben McFarlane

, Nicholas Hopkins

, and Sarah Nield

Page of

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date: 25 January 2020

This chapter deals with leases and how they relate to the content, acquisition, and defences questions. It first considers the distinction between a lease and a licence, noting that such a distinction reflects the most fundamental distinction in land law: between a property right and a personal right. It then tackles the content question by focusing on the concept of exclusive possession, the requirement that a lease must have a certain term, the nature of a ‘Bruton lease’, the question of rent, and the intention to create legal relations. It also examines the acquisition question by explaining how leases may be created or transferred, and the defences question by distinguishing between legal leases and equitable leases. Finally, it discusses the nature and operation of leasehold covenants as well as the use of leases in the ownership of flats.

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