If the parties have tried to create a legal lease but have failed because they have not complied with the appropriate formalities (see para 3.5.4.2 above). Equity will recognise an equitable lease where the document the parties have used complies with the requirements of the [ statute ];
If there has been a mere agreement to grant a lease, i.e. an agreement that a lease will be granted/created in the future. Remember, such agreements, to be valid land contracts, would have to comply with the LP(MP)A 1989, s 2;
If the person granting the lease only holds an equitable estate in land then they can only grant an equitable lease. A person cannot grant more than they have.
Answer
LP(MP)A 1989, s 2
Tags
#estates #land #law #leasehold
Question
Equitable leases can arise in three ways:
If the parties have tried to create a legal lease but have failed because they have not complied with the appropriate formalities (see para 3.5.4.2 above). Equity will recognise an equitable lease where the document the parties have used complies with the requirements of the [ statute ];
If there has been a mere agreement to grant a lease, i.e. an agreement that a lease will be granted/created in the future. Remember, such agreements, to be valid land contracts, would have to comply with the LP(MP)A 1989, s 2;
If the person granting the lease only holds an equitable estate in land then they can only grant an equitable lease. A person cannot grant more than they have.
Answer
?
Tags
#estates #land #law #leasehold
Question
Equitable leases can arise in three ways:
If the parties have tried to create a legal lease but have failed because they have not complied with the appropriate formalities (see para 3.5.4.2 above). Equity will recognise an equitable lease where the document the parties have used complies with the requirements of the [ statute ];
If there has been a mere agreement to grant a lease, i.e. an agreement that a lease will be granted/created in the future. Remember, such agreements, to be valid land contracts, would have to comply with the LP(MP)A 1989, s 2;
If the person granting the lease only holds an equitable estate in land then they can only grant an equitable lease. A person cannot grant more than they have.
Answer
LP(MP)A 1989, s 2
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Open it te a legal lease but have failed because they have not complied with the appropriate formalities (see para 3.5.4.2 above). Equity will recognise an equitable lease where the document the parties have used complies with the requirements of the <span>LP(MP)A 1989, s 2; If there has been a mere agreement to grant a lease, i.e. an agreement that a lease will be granted/created in the future. Remember, such agreements, to be valid land contracts, would
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