LAW OF LEASE LCSP4814 UNIT 6 LESSEES RIGHT TO COMPENSATION FOR IMPROVEMENTS
1 . Improvements - Common Law – Urban Leases • The legal principles which were relevant during Roman Dutch law/Common law (pre-1658) , are still applicable today in respect of urban lessee of immovable property: (1) entitled to a right of retention or lien over the property let for improvements effected by him/her during the currency of their lease; General remedy in the law of property = whereby a lessee can hold back possession of the property until you have been compensated for the improvements (2) entitled, before leaving possession of the property, to remove USEFUL and LUXURIOUS improvements without harming or damaging the property in its removal ; Damage must NOT be done to the property when exercising the removal remedy (3) Any improvements left behind automatically becomes property of the lessor at the termination of lease. (4) The lessee is not entitled to remove NECESSARY improvements
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