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Explaining the Certainty of Term Requirement in Leases: Nothing Lasts Forever

Williams, IS; (2015) Explaining the Certainty of Term Requirement in Leases: Nothing Lasts Forever. Cambridge Law Journal , 74 (3) pp. 592-609. 10.1017/S0008197315000665. Green open access

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Abstract

This article explains the rule that leases have a certain term from the outset by placing the lease within the wider context of the system of estates in land. There are no perpetual estates in land. However, some uncertain terms risk creating genuinely perpetual estates, conflicting with the nemo dat principle. All leases for uncertain terms cause considerable difficulties if a superior estate comes to an end. The article shows that the common law addressed this difficulty, not entirely consistently, before 1925, but there are still real difficulties in the operation of escheat were uncertain terms to be permitted.

Type: Article
Title: Explaining the Certainty of Term Requirement in Leases: Nothing Lasts Forever
Open access status: An open access version is available from UCL Discovery
DOI: 10.1017/S0008197315000665
Publisher version: http://dx.doi.org/10.1017/S0008197315000665
Language: English
Keywords: Land law, Real property law, leases, term of years, estates, escheat, certainty of term
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1470255
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