Leases

Question 1

What are the two essential characteristics for a lease?

Answer 1

1. Exclusive possession

2. Certainty of duration

Question 2

In which case was it found that exclusive possession was essential for a lease?

Answer 2

Street v Mountford

Question 3

In which case was it found that an agreement was a license because there was no exclusivity of possession of the whole building?

Answer 3

AG Securities v Vaughn

Question 4

In which case was it found that an agreement was a lease because a clause claiming the lessor could occupy was a “sham”?

Answer 4

Antoniades v Villiers

Question 5

What are the formalities for creating an equitable lease?

Answer 5

Doctrine in Walsh v Lonsdale
Estate contract
Law of Property misc Proviosons