Commentary

106 Statutory extension and enfranchisement—is the garden included?

ALLOTMENTS, SMALLHOLDINGS AND GARDENS vol 2(3)
| Commentary

106 Statutory extension and enfranchisement—is the garden included?

| Commentary

106 Statutory extension and enfranchisement—is the garden included?

The parcels clause of a lease should make it clear by express reference to any garden and to a plan, if possible, that the garden is included in the lease. Even if it is not mentioned, Section 62 of the Law of Property Act 19251, or the rule in Wheeldon v Burrows2, may have the effect of including a garden held with the main premises in the lease3; but where the tenant has rights by statute to extend or acquire his landlord’s interest, such as under the Housing Act 1985 (council tenant’s

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