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Encyclopedia > Leasehold estate
Part of the common law series
Acquisition of property
Gift  · Adverse possession  · Deed
Lost, mislaid, and abandoned property
Bailment  · Licence
Estates in land
Fee simple  · Life estate  · Fee tail
Concurrent estate  · Leasehold estate
Conveyancing of interests in land
Bona fide purchaser  · Torrens title
Estoppel by deed  · Quitclaim deed
Mortgage  · Equitable conversion
Limiting control over future use
Restraint on alienation
Rule against perpetuities
Rule in Shelley's Case
Doctrine of worthier title
Nonpossessory interest in land
Easement  · Profit
Covenant running with the land
Equitable servitude
Related topics
Fixtures  · Waste
Assignment  · Nemo dat
Other areas of the common law
Contract law  · Tort law
Wills and trusts
Criminal Law  · Evidence
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A leasehold estate is an ownership interest in land in which a lessee or a tenant holds real property by some form of title from a lessor or landlord. Image File history File links Legal portal image File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Property law is the law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... A gift, in the law of property, has a very specific meaning. ... In real estate law, adverse possession is a means of acquiring title to anothers real property without compensation. ... A deed is a legal instrument used to grant a right. ... In the common law of property, personal belongings that have left the possession of their rightful owners without having directly entered the possession of another person are deemed to be lost,mislaid, or abandoned, depending on the circumstances under which they were found by the next party to come into... Bailment describes a legal relationship where physical possession of personal property (chattels) is transferred from one person (the bailor) to another person (the bailee) who subsequently holds possession of the property. ... A license or licence is a document or agreement giving permission to do something. ... Fee simple, also known as fee simple absolute or allodial, is a term of art in common law. ... A life estate, at common law is an estate in real property that ends at death. ... Fee tail is an obsolescent term of art in common law. ... A concurrent estate or co-tenancy is a concept in property law, particularly derived from the common law of real property, which describes the various ways in which property can be owned by more than one person at a given time. ... Conveyancing is the act of transferring the ownership of a property from one person to another. ... A bona fide purchaser (or BFP), in the law of real property, is a person who purchases land for value, without notice of any other partys claim to the title to that land. ... Torrens title is a system of land title where a register of land holdings maintained by the state guarantees indefeasible title to those included in the register. ... Estoppel by deed is a doctrine in the law of real property that arises where a party conveys title to land that he does not own to a bona fide purchaser, and then acquires title to that land. ... A quitclaim deed is a term used in property law to describe a document by which a person disclaims any interest he or she might have in a piece of real property, and passes that claim to another person. ... A mortgage (literal translation: death pledge) is a device developed in the common law world, whereby the ownership of property is passed from one person -- the mortgagor -- to another -- the mortgagee in return for the loan of money. ... Equitable conversion is a doctrine of the law of real property under which a purchaser of real property becomes the equitable owner of title to the property at the time that they sign a contract binding them to purchase the land at a later date. ... A future interest is one of a variety of potential claims to ownership of property, in particular real estate. ... A restraint on alienation, in the law of real property, is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling or otherwise transferring their interest in the property. ... The rule against perpetuities is a rule in property law which prohibits a contingent grant or will from vesting outside a certain period of time. ... The Rule in Shelleys Case, dating from the 14th century, is a famous if now almost useless legal rule that is now the bane of most first-year law students studying common law real property law. ... In the common law of England, the doctrine of worthier title was a legal doctrine that preferred taking title to real estate by descent over taking title by devise or by purchase. ... A nonpossessory interest in land is a term of the law of property to describe any of a category of rights held by one person to use land that is in the possession of another. ... An easement is the right of use over the real property of another. ... A profit, in the law of real estate, is a nonpossessory interest in land similar to the better-known easement, which gives the holder the right to take natural resources such as petroleum, minerals, timber, and wild game from the land of another. ... A covenant running with the land, in the law of real property, is a nonpossessory interest in land in the form of an agreement between adjoining landowners to do or not do something with relation to the land that they respectively occupy - to maintain a fence, for example, or not... An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running with the land, requiring the landowner to maintain certain practices with respect to the land (e. ... In the law of real property, fixtures are anything that would otherwise be a chattel that have, by reason of incorporation or affixation, become permanently attached to the real property. ... Waste is a term used in the law of real property to describe a cause of action that can be brought in court to address a change in condition of real property brought about by a current tenant that damages or destroys the value of that property. ... An assignment is a term used with similar meanings in the law of contracts and in the law of real estate. ... Nemo dat quod non habet, literally meaning no one [can] give what they dont have is a legal rule, sometimes called the nemo dat rule that states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership title. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... Criminal law (also known as penal law) is the body of law that punishes criminals for committing offences against the state. ... The law of evidence governs the use of testimony (eg. ... Real property is a legal term encompassing real estate and ownership interests in real estate. ... A title is a prefix or suffix added to a persons name to signify either veneration, an official position or a professional or academic qualification. ... A landlord is the owner of a house, apartment, condominium, or land which is rented or leased to an individual or business, who is called the tenant. ...

Contents


History

The common law of landlord-tenant relations developed in the United Kingdom over hundreds of years, and still retains many archaic terms and principles derived from a time when relationships governing the use of land were centered on the promotion of a feudal agrarian society. Various forms of leasehold estates exist, or have existed in the past. Ancient forms no longer used include socage and burgage. There are four modern leasehold estates - the tenancy for years, the periodic tenancy, the tenancy at will, and the tenancy at sufference. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Feudalism comes from the Late Latin word feudum, itself borrowed from a Germanic root *fehu, a commonly used term in the Middle Ages which means fief, or land held under certain obligations by feodati. ... Agrarian has two meanings: It can mean pertaining to Agriculture It can also refer to the ideology of Agrarianism and Agrarian parties. ... The term soke (in Old English: soc, connected ultimately with secan (to seek)), at the time of the Norman Conquest of England generally denoted jurisdiction, but due to vague usage probably lacks a single precise definition. ... a tenure under which property in England and Scotland was held under the king or a lord of a town was maintained for a yearly rent or for rendering a service such as watching and warding This article is a stub. ...


Tenancy for years

A tenancy for years lasts for some fixed period of time. Despite the name, such a tenancy can last for any period of time - even a tenancy for one week would be called a tenancy for years. The duration need not be certain, but may be conditioned upon the happening of some event, (e.g. "until the crops are ready for harvest", "until the war is over"). In either case, the lease expires automatically upon the running of the specified time, or the occurrence of the specified event. If the lease is more than a year, the agreement to create it must generally be executed in writing, to satisfy the Statute of Frauds. If a lease is purported to be a tenancy for years of more than one year, and it is not put in writing, then it automatically becomes a periodic tenancy, with a rental period equal to the period between lease payments, but of no more than a year. Statute of frauds - Wikipedia, the free encyclopedia /**/ @import /skins-1. ...


Termination of a tenancy for years

The landlord and tenant can agree to terminate the lease at any time, which is called a surrender of the lease. Like the lease itself, if the term remaining on the lease at the time of the surrender exceeds one year, then the surrender must be executed in writing. A tenancy for years can also be terminated by the tenant's breach of any leasehold covenants, including the failure to pay promised rent, or allowing the land to waste. Waste is a term used in the law of real property to describe a cause of action that can be brought in court to address a change in condition of real property brought about by a current tenant that damages or destroys the value of that property. ...


Periodic tenancy

A periodic tenancy, also known as a tenancy from year to year, month to month, or week to week, is an estate that exists for some period of time determined by the term of the payment of rent. An oral lease for a tenancy of years that violates the Statute of Frauds (by committing to a lease of more than a year without a writing) actually creates a periodic tenancy, the term being the term paid for in the first payment from tenant to landlord. Statute of frauds - Wikipedia, the free encyclopedia /**/ @import /skins-1. ...


Termination of a periodic tenancy

The landlord may terminate the lease at any time by giving the tenant notice as required by statute. Typically, the landlord must give six months' notice to terminate a tenancy from year to year. Tenants of lesser durations must typically receive notice equal to the period of the tenancy - for example, the landlord must give a months' notice to terminate a tenancy from month to month. However, many jurisdictions have varied these required notice periods, and some have reduced them drastically.


The notice must also state the effective date of termination, which must be on the last day of the payment period. In other words, if a month-to-month tenancy began on the 15th of the month, the termination can not be on the 20th of the following month, even though this would give the tenant more than the required one month's notice.


Tenancy at will

A tenancy at will describes any leasehold where either the landlord or the tenant may terminate the tenancy at any time on reasonable notice. It usually occurs in the absence of a lease, or where the tenancy is not for consideration. In modern common law tradition, tenancy at will is very rare, partly because it can only be created by an express agreement by the parties that the tenancy is at will, and not for rent. As in most residential tenancies for consideration, even in the absence of a written lease, the tenant may often not be removed except for cause. However, it is common where a family member is allowed to live in the home (even for payment of nominal consideration) without any formal arrangements. Leasehold is a form of property tenure where one party buys the right to occupy land or a building for a given length of time. ... Notice is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties. ... This article or section should include material from Tenancy agreement A lease is a contract conveying from one person (the lessor) to another person (the lessee) the right to use and control some article of property for a specified period of time (the term), without conveying ownership, in exchange for... Consideration is a central concept in the common law of contracts. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...


A lease that exists at the will of the landlord only will be implied by operation of law to grant a similar right to the tenant. However, a lease that exists at the will of the tenant (e.g. "for as long as the tenant desires to live on this land") does not create a similar right in the landlord; instead, such language may be interpreted as granting the tenant a life estate, or even a fee simple. The phrase by operation of law is a legal term that indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles. ...


A tenancy at will is broken, again by operation of law:

  • if the tenant commits waste against the property
  • if the tenant attempts to make an assignment of his tenancy
  • if the landlord successfully transfers his interest in the property
  • if the landlord leases the property to another person
  • upon the death of either the tenant or the landlord

Waste is a term used in the law of real property to describe a cause of action that can be brought in court to address a change in condition of real property brought about by a current tenant that damages or destroys the value of that property. ... An assignment is a term used with similar meanings in the law of contracts and in the law of real estate. ...

Tenancy at sufferance

A tenancy at sufferance (sometimes called a holdover tenancy) exists when a tenant remains in possession of property after the expiration of his lease, and until the landlord acts to eject the tenant from the property. Although the tenant is technically a trespasser at this point, and possession of this type is not a true estate in land, authorities recognize the condition in order to hold the tenant liable for rent. The landlord may evict such a tenant at any time, and without notice. Trespasser (released in 1998) was a game taking place in the world of Jurassic Park. ...


The landlord may also impose a new lease on the holdover tenant. For a residential tenancy, this new tenancy is month to month. For a commercial tenancy of more than a year, the new tenancy is year to year; otherwise it is the same period as the period before the original lease expired. In either case, the landlord can raise the rent, so long as the landlord has told the tenant of the higher rent before the expiration of the original lease.


Duties of the landlord and the tenant

Duties of the landlord

The landlord has two common-law duties. The first is to give the tenant possession of the land; the second is to provide the premises in a habitable condition - there is an implied warranty of habitability. If landlord violates either, the tenant can break the lease and move out, or stay and sue the landlord for damages


The lease also includes an implied covenant of quiet enjoyment - landlord will not interfere with tenant's quiet enjoyment. This can be breached in three ways.

  1. Total eviction of tenant through direct physical invasion by landlord
  2. Partial eviction - when the landlord keeping tenant off part of the leased property (even locking a single room). Tenant can stay on the remaining property without paying any rent.
  3. Partial eviction by someone other than landlord - where this occurs, rent is apportioned. If landlord claims to lease tenant an area of 1000 square metres but 400 square metres of the area belongs to another person, tenant only has to pay 60% of the rent.

Landlord's tort liability

Under the common law, the landlord had no duties to the tenant to protect the tenant or the tenant's licensees and invitees, except in the following situations: A licensee is a term used in the law of torts to describe a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter. ... An invitee is a term used in the law of torts to describe a person who is on the property of another because that property owner has chosen to hold the property open to some portion of the general public, because the owner of the property has allowed the licensee...

  1. Failure to disclose latent defects of which the landlord knows or has reason to know. Note that the landlord has no duty to repair, just to disclose.
  2. For a short term lease (3 months or less) of a furnished dwelling, the tenants are treated as invitees, and the landlord is liable for defects even if the landlord neither knows nor should know of them.
  3. Common areas under landlord's control (e.g. hallways in an apartment building), if the landlord failed to use reasonable care in maintaining them.
  4. Injury resulting from landlord's negligent repairs - even if the landlord used all due care.
  5. Public use, if the following three factors exist:
    1. Landlord knows or should know that the tenant makes public use of the land (e.g. the land is rented for use as a restuarant or a store);
    2. Landlord knows or should know that there is a defect; and
    3. Landlord knows or should know that the tenant will not fix the defect.

An invitee is a term used in the law of torts to describe a person who is on the property of another because that property owner has chosen to hold the property open to some portion of the general public, because the owner of the property has allowed the licensee... An apartment building, block of flats or tenement is a multi-unit dwelling made up of several (generally four or more) apartments (US) or flats (UK). ...

Duties of the tenant

Under the common law, the tenant has two duties to the landlord. These are to pay rent when it is due, and to avoid waste of the property. Waste is a term used in the law of real property to describe a cause of action that can be brought in court to address a change in condition of real property brought about by a current tenant that damages or destroys the value of that property. ...


A tenant is liable to third party invitees for negligent failure to correct a dangerous condition on the premise - even if the landlord was contractually liable. An invitee is a term used in the law of torts to describe a person who is on the property of another because that property owner has chosen to hold the property open to some portion of the general public, because the owner of the property has allowed the licensee...


Effects of condemnation

If land under lease to a tenant is condemned under the government's power of eminent domain, the tenant may be able to earn either a reduction in rent or a portion of the condemnation award (the price paid by the government) to the owner, depending on the amount of land taken, and the value of the leasehold property. Eminent domain (US), compulsory purchase, (England and Wales) or compulsory acquisition (Australia) in common law legal systems is the power of the state to appropriate private property for its own use without the owners consent. ...


A partial taking of the land by the government does not release the tenant from paying full rent, but the tenant may collect a portion of condemnation award equal to the apportioned rent for property taken. For example, suppose a tenant leases land for 6 months for $1,000 per month, and that two months into the lease, the government condemns 25% of the land. The tenant will then be entitled to take a portion of the condemnation award equal to 25% of the rent due for the remaining four months of the lease - $1,000, derived from $250 per month for four months.


A full taking, however, extinguishes the lease, and excuses all rent from that point. However, the tenant will not be entitled to any portion of the condemnation award, unless the value of the lease was greater than the rent paid, in which case the tenant can recover the difference. Suppose in the above example that the market value of the land being leased was actually $1,200 a month, but the $1,000 per month rate represented a break given to the tenant by the landlord. Because the tenant is losing the ability to continue renting the land at this bargain rate (and probably must move to more expensive land), the tenant will be entitled to the difference between the lease rate and the market value - $200 per month for a total of $800.


See also

Tenant farmer. A tenant farmer is one who resides on and farms land owned by a [[landlord{{I // Headline text Headline text Headline text Headline text History of the United States (1865-1918) Categories: Agriculture stubs ...


This article incorporates text from the 1911 Encyclopædia Britannica, which is in the public domain. Supporters contend that the Eleventh Edition of the Encyclopædia Britannica (1911) represents the sum of human knowledge at the beginning of the 20th century; indeed, it was advertised as such. ... The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ...


External link

  • Tenant Net America's oldest and biggest tenant resource
  • Ontario Tenants Rights Canada's most popular tenant resource

  Results from FactBites:
 
Leasehold - Wikipedia, the free encyclopedia (229 words)
Leasehold is a form of property tenure where one party buys the right to occupy land or a building for a given length of time.
A lease is a legal estate, leasehold estate can be bought and sold on the open market and differs from a tenancy where a property is let on a periodic basis such as weekly or monthly.
leasehold estate for any specific period of time (the word "years" is misleading).
Leasehold estate - Wikipedia, the free encyclopedia (1732 words)
A leasehold estate is an ownership interest in land in which a lessee or a tenant holds real property by some form of title from a lessor or landlord.
There are four modern leasehold estates — the tenancy for years, the periodic tenancy, the tenancy at will, and the tenancy at sufference.
Although the tenant is technically a trespasser at this point, and possession of this type is not a true estate in land, authorities recognize the condition in order to hold the tenant liable for rent.
  More results at FactBites »

 
 

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