Act 16
Land Act
1998
( c) enables the holder, subject to the customary and
statutory rights of those persons lawful or bona
fide in occupation of the land at the time that the
tenure was created and their.successors in title, to
exercise all the powers of ownership of the owner
of land held of a freehold title set out in
subsections (2) and (3) and subject to the same
possibility of conditions, restrictions and
limitations, positive or negative in their
application as are referred to in those subsections.
(5) Leasehold tenure is a form ot tenure( a) created either by contract or by operation of law;
(b) the terms and conditions of which may be regulated
by law to the exclusion of any contractual
agreement reached between the parties;
( c) under which one person namely, the landlord or
lessor, grants or is deemed to have granted
another person namely the tenant or lessee
exclusive possession of land usually but not
necessarily for a period defined, directly or
indirectly, by reference to a specific date of
commencement and a specific date of ending;
( d) usually but not necessarily, in return for a rent which
may be for a capital sum known as a premium or
for both a rent and a premium but may be in
return for services or may be free of any required
return;
( e) under which both the landlord and the tenant, may,
subject to the terms and conditions of the lease
and having due regard for the interests of the
other party, exercise such of the powers of a
freehold owner as are appropriate and possible
given-the-specific-nature-of-a-leasehold tenure.
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