Rescuing Uncertain Leases in English Law: A Study in Compatibility for Transplantation: Berrisford v. Mexfield Housing Co-operative Ltd

Publication Type

Journal Article

Publication Date

12-2012

Abstract

The common law rule that requires certainty in the terminus of leasehold estates has been the subject of trenchant criticism even as it has been upheld repeatedly by the courts. In Berrisford v. Mexfield Housing Co-operative Ltd [2011] 3W.L.R 1091, the English Supreme Court has once again upheld the rule but has suggested that its harshness may be tempered by two different techniques. This note studies the viability of these techniques in Singapore and questions if the rule may be too severely criticised.

Keywords

Leases, Common law, leasehold, Supreme Court decisions, Singapore

Discipline

Asian Studies | Property Law and Real Estate

Publication

Singapore Journal of Legal Studies

Volume

2012

First Page

481

Last Page

490

ISSN

0218-2173

Identifier

10.2139/ssrn.2255280

Publisher

National University of Singapore

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