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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- Fall '18
- Law, Common Law
