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CELE SQE1 模拟练习

Examination Timing: 00H01M40S

Oldcastle City Council grants Express Marketing Limited a lease of land near to a public playing field for the display of billboards advertising local businesses on match days. The lease is expressed to continue "until such time as the land is required for further development by the Council" and is expressed to take effect three years from the date that it is executed. The Council is considering building a sewage works on the land and is seeking the necessary approvals for this from the central government. 


Which of the following statements best describes the legal position?

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The term of the lease is not sufficiently certain, but the start date of the lease complies with the relevant statutory requirements. For a lease to be valid, it must have a certain maximum duration (Lace v Chandler [1944] KB 368). The Council's inability to specify a definite end date for the lease means it may continue indefinitely, making the term insufficiently certain. However, section 149(3) of the Law of Property Act (LPA) 1925 provides that a lease cannot be created to take effect more than 21 years from the date of grant, and in this scenario, the start date complies with this statutory requirement. 


Key Point: Leases must have a maximum certain term to be valid. Additionally, the start date of a lease must comply with statutory requirements, such as not exceeding 21 years from the date of grant.

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