ABSTRACT

This chapter represents the aspects of background law around which the construction law professional needs to form an appreciation. The contractor has rights akin to property interests during his occupancy of the site, which are most likely to be in the nature of a licence. Leasehold property is held in a situation where the owner leases the property to a paying tenant for a specified length of time. The lease will be a lengthy legal document based on property and contractual law that sets out the rights and obligations of both parties. Although the lease on any property will be a complex document, the basic principle is that it will give the lessee the right to occupy the property for the period specified in the lease. Obstruction of property rights can have serious repercussions and lead to injunctions halting developments and even demolition orders in extreme cases. Covenants are often contained in leases between landlords and tenants.