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Leases over 3years must be registered with land register but a licence is terminated whenever requested by the owner. Unless a tenant has exclusive possession there is no lease but a mere licence. This can be shown in the case Street v Mountford [1985], where Ms Wendy Mountford had concluded an agreement with the landlord for exclusive residential occupation (of furnished premises) for a fair rent, but the agreement was described as a personal license, not a lease. A second case where the difference between the two can be seen is Somma v Hazlehurst [1978]
Covenants in leases are “rules” put into the agreements of the lease they are enforceable by original parties and the assignees. They are mutual obligations and the parties are free to agree to any terms unless prohibited by law. They affect the control exercised over the use of the land and provide means to remedy for breaches. In the absence of covenants in a contract they are implied by common law and by …show more content…
A legal capacity is power provided under law to a natural person or a juridical person to enter into binding contracts, and to sue and be sued in its own name.
31. The following scenario concerns the law of Tort(s):
(a) Mrs Smith, an elderly lady, lives in a small cottage with a large & pretty garden, in a village in Hampshire.
Her garden overlooks a football pitch, where children and young adults play football.
Once or twice a week the ball lands in her garden damaging her roses, and occasionally breaking the glass windows.
Some of the players are also extremely noisy, and play late into the night, depriving, many neighbours of sleep, and the enjoyment & use of their property. Mrs Smith is particularly affected, as her Cottage is adjacent (next) to the football ground.
Mrs Smith had also noticed that the roots of the trees planted by the management of the football ground had damaged the foundation of her wall. Also, paint and solvents stored by the football club had leaked into her property, contaminating the
Covenants in leases are “rules” put into the agreements of the lease they are enforceable by original parties and the assignees. They are mutual obligations and the parties are free to agree to any terms unless prohibited by law. They affect the control exercised over the use of the land and provide means to remedy for breaches. In the absence of covenants in a contract they are implied by common law and by …show more content…
A legal capacity is power provided under law to a natural person or a juridical person to enter into binding contracts, and to sue and be sued in its own name.
31. The following scenario concerns the law of Tort(s):
(a) Mrs Smith, an elderly lady, lives in a small cottage with a large & pretty garden, in a village in Hampshire.
Her garden overlooks a football pitch, where children and young adults play football.
Once or twice a week the ball lands in her garden damaging her roses, and occasionally breaking the glass windows.
Some of the players are also extremely noisy, and play late into the night, depriving, many neighbours of sleep, and the enjoyment & use of their property. Mrs Smith is particularly affected, as her Cottage is adjacent (next) to the football ground.
Mrs Smith had also noticed that the roots of the trees planted by the management of the football ground had damaged the foundation of her wall. Also, paint and solvents stored by the football club had leaked into her property, contaminating the