10. Circumstances which negative the presumption of a tenancy.

If the parties do not intend to enter into legal relations at all, no tenancy can be created, even though the occupier has exclusive occupation for a term and pays a rent or other consideration1. The circumstances which negative any intention to create a tenancy include a family arrangement or an act of friendship or generosity2. The surrounding circumstances may show that the right to exclusive possession is referable to a legal relationship other than a tenancy, such as occupancy under a contract or an intended contract for the sale of the land3, occupancy pursuant to a contract of