LAND LAW Flashcards
(2 cards)
Leases capable of being legal
Parol lease exception
A situation where: the lease was created for a term not exceeding three years, took effect in possession, the businessman is paying what is effectively a market rent and did not pay a premium to take the lease. These are the conditions required to validly create a parol lease under s54(2) LPA 1925.
Equitable easement
Last year a land owner sold part of their land to a buyer. In the conveyance (by deed) the land owner granted the buyer a right of way over the land owner’s retained land for the rest of the buyer’s life.
The interest is an easement as the facts state that the land owner granted a right of way. This has the characteristics of an easement. It is not a lease as no exclusive possession is granted.
