There is a potential conflict between the common law rules and those of equity as they cannot hold both a legal tenancy and an equitable tenancy simultaneously of the same demise. At common law, there is potentially a periodic tenancy, whereas in equity a lease will have been deemed granted for the full term. The conflict is resolved by following the decision in [ case ]which decided that in such situations the equitable lease would prevail and that no periodic tenancy would co-exist alongside it.
Answer
Walsh v Lonsdale (1882) 21 Ch D 9
Tags
#estates #land #law #leasehold
Question
There is a potential conflict between the common law rules and those of equity as they cannot hold both a legal tenancy and an equitable tenancy simultaneously of the same demise. At common law, there is potentially a periodic tenancy, whereas in equity a lease will have been deemed granted for the full term. The conflict is resolved by following the decision in [ case ]which decided that in such situations the equitable lease would prevail and that no periodic tenancy would co-exist alongside it.
Answer
?
Tags
#estates #land #law #leasehold
Question
There is a potential conflict between the common law rules and those of equity as they cannot hold both a legal tenancy and an equitable tenancy simultaneously of the same demise. At common law, there is potentially a periodic tenancy, whereas in equity a lease will have been deemed granted for the full term. The conflict is resolved by following the decision in [ case ]which decided that in such situations the equitable lease would prevail and that no periodic tenancy would co-exist alongside it.
Answer
Walsh v Lonsdale (1882) 21 Ch D 9
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Open it le tenancy simultaneously of the same demise. At common law, there is potentially a periodic tenancy, whereas in equity a lease will have been deemed granted for the full term. The conflict is resolved by following the decision in <span>Walsh v Lonsdale (1882) 21 Ch D 9 which decided that in such situations the equitable lease would prevail and that no periodic tenancy would co-exist alongside it.<span><body><html>
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