LEASE Unit 6: Compensation for improvements
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; (2) entitled, before leaving possession of the property, to remove useful and luxurious improvements without harming or damaging the property in its removal; (3) Any improvements left behind are the property of the lessor. The lessee is not entitled to remove necessary improvements but has a claim for the expenses in respect of the necessary improvements. (4) compensation is payable by the lessor in respect of useful improvements that are not removable, as they increase the value of the property. (5) no claim for compensation for luxurious improvements unless, the property is to be resold at a higher price than would otherwise be obtainable due to the luxurious improvements.
- Fall '18
- Common Law