Lease - Law Dictionary Search Results
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assignment of lease see assignment ...
Leasing-making
Leasing-making, slanderous and untrue speeches to the disdain, reproach, and contempt of the sovereign, his council and proceedings, or to the dishonour, hurt, or prejudice of the sovereign or his ancestors, Scots Acts,1584, 1585, and 1703, c. 4....
Leasing, or lesing
Leasing, or lesing, gleaning....
Gleaning, Leasing, or Lesing
Gleaning, Leasing, or Lesing. No right exists at Common Law for the poor to enter on a person's land and glean after harvest, Steel v. Houghton, (1788) 1 HBl 51...
Lives
Lives, Estate for. A lease to A. during the life of another or the lives of others was a tenure of very long standing in England, chiefly in the west and north, or where the lease was granted by a corporation, and in Ireland. Now such a lease is either a lease for 90 years determinable by notice after any event determining the term under the original demise as provided by the (English) Law of Property Act, 1925, s. 149, if the lease is at a rent or in consideration of a fine, or is a converted copyhold lease for life without right of perpetual renewal under Part V of the (English) L.P.Act, 1922. In all other cases it is an equitable interest and governed by the Settled Land Act,1925. The tenant under the lease was called a tenant pur autre [or auter] vie, and the person during whose life the lease is to last, the cestui que vie. By 18 & 19 Car. 2, there is a prima facie presumption of death after seven years; and by the Cestui que Vie Act,1707 (6 Anne, c. 72), an order may be made by t...
Renewal
Renewal, Black's Dictionary, Sixth Edn., defines the word 'renewal' at p. 1299 thus: 'The act of renewing or reviving. A revival or rehabilitation of an expiring subject; that which is made a new or re-established. The substitution of a new right or obligation for another of the same nature. A change of something old to something new. To grant or obtain extension of.' In P. Ramanatha Aiyar's 'The Law Lexicon' (Reprint Edn. 1987), the word 're-newal' is defined at p. 1107 to mean 'a change of something old for something new'. The renewal of a 'licence' means 'a new licence granted by way of renewal'. The renewal of a negotiable bill or note is regarded simply as a prolongation of the original contract. The office of a 'renewal', as it is termed, of a life policy, is to prevent discontinuance or forfeiture. In Provash Chandra Dalui v. Biswanath Banerjee, 1989 Supp (1) SCC 487: (SCC at p. 496) in para 14, this Court drew the distinction between the meaning of the words extension and renew...
Landlord and tenant
Landlord and tenant. A tenancy arises when the owner of an estate inland, called the lessor or landlord, agrees expressly or by implication to allow another person, called the lessee or tenant, to enjoy the exclusive possession and use of the land for a period less than the landlord's estate in it, generally upon payment of rent. The landlord's estate is called the reversion, and at common law, a power of distress for rent is incident to the reversion.Leases or tenancies may be (1) for any agreed period such as for years or less, e.g., for a year, half-year, quarter or week; (2) from year to year; (3) at will; (4) on sufferance; or (5) they may arise upon estoppel; or (6) exist by force of a statute (see LEASE; INCREASE OF RENT). In a narrower sense the words 'tenancy' and 'landlord and tenant' are generally restricted to lease of a house or land for occupational purposes. If nothing appears to the contrary, either expressly or by implication, in the lease or agreement, the landlord is...
Merger
Merger [fr. mergo, Lat., to sink], an annihilation, by act of law, of a particular in an expectant estate consequent upon their union in the same person without an intervening estate in another person--thus accelerating into possession the expectant which swallows up the particular estate. It is the drowning of one estate in another, and differs from suspension, which is but a partial extinguishment for a time; while extinguishment, properly so termed, is the destruction of a collateral thing in the subject itself out of which it is derived. 'In order that there may be a merger, the two estates which are supposed to coalesce must be vested in the same person at the same time and in the same right' [Re Radcliffe, (1892) 1 Ch 231, per Lindley, LJ]. An estate tail, however is an exception to the rule; for a man may have in his own right both an estate tail and a reversion in fee; and the estate tail, though a less estate, will not merge in the fee, 2 Bl. Com. 177.The doctrine of merger pr...
Usual Covenants
Usual Covenants, covenants usually inserted in deeds having a similar scope to that in respect of which a question arises. The phrase occurs most frequently in connection with agreements for leases stipulating that the lease when granted shall contain 'all usual covenants.' What these are is a question of fact, but it may perhaps be laid down that at the present day covenants by the lessee to pay rent, to pay taxes, and to repair, and a qualified covenant by the lessor for quiet enjoyment (see that title), are usual, but that no others are, and in particular that the covenant not to assign or underlet without the leave of the lessor is not: see Hampshire v. Wickens, (1878) 7 Ch D 555; Re Lander, (1892) 3 Ch 41.A proviso for re-entry on breach of covenants generally is not 'usual,' but a proviso for re-entry on breach of the covenant to pay rent is: see per James, LJ, in Hodgkinson v. Crowe, (1875) LR 10 Ch 622; Re Anderton, (1890) 45 Ch D 476.Usual terms, a phrase in the Common Law pra...
Constructive trust
Constructive trust, a trust which the Court elicits by a construction put upon certain acts of parties. It arises upon a vendor's lien or charge upon land sold for unpaid purchase money, and generally, when an estate is subject to a trust or equitable interest or lien, and a person purchases it for value, with either actual or constructive notice of it, the estate will still be subject to the trust or equitable interest in the hands of such a purchaser.The doctrine of constructive trusts also arises upon the renewal of a lease by a trustee, or person having a limited interest, in his own name, even in the absence of fraud and upon the refusal of the lessor to grant a new lease to the cestui que trust or expectant; for such renewed lease is held upon trust for the person beneficially entitled to the old lease or the expectant, in order to prevent persons in fiduciary situations from acting so as to take a benefit for themselves. This doctrine is extended to the renewal of leases by one ...
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