JSB171 Lecture Notes - Lecture 1: Estoppel, In Personam, Prudential Plc
Document Summary
= grant of a right to exclusive possession of land for a fixed or determinate term: radaich v smith (1959) Establishing the lease elements: exclusive possession, certainty of term, other considerations, in law. Long leases registration indefeasibility (enforceable against 3rd parties) Short leases registration not required exception to indefeasibility: at cl implied from term of contract, as a contract enforceable for damages: robinson, in equity specific performance. Licence: personal permission to enter land & use for a specified purpose: right to exclusive possession. However, a licence is not a lease merely because it confers an exclusive licence" or: an agreement may be a licence although referred to as a lease: radaich v smith [by analogy] Ability to exclude others: radaich v smith (ability to lock-up shop exclusive control over: where no control remains a licence: lewis v bell (jockey club lessor remained in control. Licence (even though referred to as exclusive licence": nature of business.
