Sentences with phrase «rights under a lease»

Although Mr Mott remained able to sell his rights under the lease, in reality, the extent of the restriction imposed meant that the interference was closer to deprivation than mere control.

First, it acts as an automatic screen against people who present well but don't want a landlord who enforces his rights under the lease.

However where the leaseholder, in the exercise of rights under the lease, conducted activities that were inconsistent with the native title rights, such as the erection of a shed or fence, the doing of these activities would prevail over the native title rights.

On the other hand the native title right to burn off the land was probably inconsistent with the rights under the lease and would be extinguished rather than suspended for the duration of the inconsistency.

Not exact matches

The court also found the purpose of Woolworths having the first right of refusal was not to exclude Woolworths» competitors from the Double Bay site, but to give Woolworths the opportunity to re-acquire its interest in the Double Bay lease it had under the development deal it had with the Woollahra Council.

Under the right circumstances, customers can save even more money and regularly get a new vehicle by choosing to lease a new hatchback, sedan or crossover SUV from Spitzer Mitsubishi.

(e) Nothing in this section affects the right of the lessor under a lease of real property to indemnification for liability arising prior to the termination of the lease for personal injuries or property damage where the lease provides for such indemnification.

The lease must also contain the amount of the security deposit and your rights to the deposit under the law.

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In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of Animal League or its licensors or supplier's content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of Animal League or its licensors or supplier's software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms to any third party, or otherwise commercially exploit or profit from the information or content of the Sites (or any part or portion thereof).

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The new building was paid for by selling the ground lease under our old engineering building, which we got $ 97 million for, right before the crash.

These oil and gas mineral rights shall remain Federal property and shall be considered to be part of the Federal outer Continental Shelf for purposes of the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) and subject to leasing under the authority of that Act and to laws applicable to the leasing of the oil and gas resources of the Federal outer Continental Shelf.

(Sec. 388) Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to grant, on either a competitive or noncompetitive basis, a lease, easement, or right - of - way on the outer Continental Shelf for activities not otherwise authorized under specified laws, if those activities: (1) support exploration, development, production, transportation, or storage of oil, natural gas; (2) produce or support production, transportation, or transmission of energy from sources other than oil and gas; or (3) use, for energy - related or marine - related purposes, facilities currently or previously used for activities authorized under this Act, unless prohibited by moratorium.

You have the right to correct any breach against the landlord, including back rent, repairs, or to fulfill any remaining obligations under the lease.

An appellate court found that the property owner had waived its right to protection under the anti-SLAPP statute because it agreed in the lease not to sue before giving prior notice and an opportunity to cure.

Some of these flats were rented from the council under secure tenancies: others were owned under long leases having been acquired by tenants exercising their right to buy.

«For satellite dish installation permission — # 500 plus surveyor's fee for inspecting channels» CLRA 2002, Sch 11 gave tenants the right to challenge the liability to pay and reasonableness of an administration charge — for example, for consent to installation of a satellite dish or carrying out of building works, on providing information or documents or in respect of a failure to make payment under the lease — at a LVT and, ahead of service charges, obligated the landlord to serve, with a demand for the payment of the charge, a summary of the tenant's rights and obligations.

Leasehold enfranchisement is a complicated area of law that gives you the right to purchase the freehold of your house under the Leasehold Reform Act 1967, or under more current legislation, particularly the Leasehold Reform Housing and Urban Development Act 1993, to seek a lease extension of your flat or to collectively enfranchise and buy the freehold with your co-tenants.

The Massachusetts Appeals Court has determined that a bank, acting as a fiduciary under a family trust, was liable for ignoring the provisions in a lease, which gave the lessee of a Cape Cod property used as a tree stump dump a right of first refusal with respect to purchase of the property.

Absent express language to the contrary in the lease or renewal documentation, personal rights and covenants that benefit the tenant under a lease cease to exist when a right to renew is exercised.

There are provisions in employment legislation that aim to preserve the rights of employees after a business is sold, leased, transferred, or merged, or if it continues to operate under a receiver.

In the Federal jurisdiction, when a business is sold, leased, transferred, or merged with another business or part of it, or otherwise disposed of succession rights exist under Part 1 of the Canada Labour Code for federal organizations outside the Public Service including the movement of Public Service functions to any public or private sector employer operating under the jurisdiction of the Code.

The landlord served a counter-notice under s 45 in which it admitted the tenant's right to claim a new lease, but stated that it intended to apply for an order under s 47 (1) that that right should not be exercisable, on the basis that it intended to redevelop the premises.

In particular, the Judge, in accordance with English law, reiterated that the WFO applied to chose in action — claims and potential claims, or rights to exploit under a maritime lease.

(b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void.

We are experienced in advising on all elements of dispute, including rent arrears, rights arising under the lease and clarification of responsibilities and obligations.

This means that they can take advantage of the rights under LTA 1954 in order to apply for their lease to be renewed.

We draft commercial leases as well as enforce rights under commercial leases for both Commercial Landlords and Tenants.

A long lease is far more valuable and under the Leasehold Reform Act 1967 qualifying tenants have an automatic right to extend the lease.

Leasehold Extensions A long lease is far more valuable and under the Leasehold Reform Act 1967 qualifying tenants have an automatic right to extend the lease.

If the lease extension is successfully obtained, you have the legal right to be granted a new lease with a term equal to the remainder of the term under your existing lease plus a further 90 years.

He has worked on a variety of high profile assignments, including cases involving surveyors as «owners» under environmental protection notices, sale by council at less than full value, assured tenancies and rent increases, lease extension: signature by attorney; and right of first refusal — definition of building.

Under LRHUDA 1993, flat owners were given the collective right to compulsorily purchase the freehold interest (enfranchise) their building and the individual right to extend the terms of their leases by 90 years (and to reduce their ground rent to a peppercorn).

That is obviously so, but one might have thought that in interpreting the wording of appeal provisions in both the lease and the arbitration agreement, one should have regard to the fact that under the original lease and the arbitral statute then applicable, there were full rights of appeal.

Where a tenant intends to exercise a break right, it should only apportion rent or other payments if it has a clear, express right to do so under the lease.

(c) This section does not affect the contractual right of a landlord that is a governmental entity created under Subchapter D, Chapter 22, Transportation Code, whose constituent municipalities are populous home - rule municipalities to assess charges under a lease to fully compensate the governmental entity for the governmental entity's operating costs.

The court ruled that the tenant had no express right to a refund under the lease but indicated that it would be prepared to imply a term if the wording of the lease supported such an interpretation.

Re Park Air Services plc [2000] 2 AC 172, [1999] 1 All ER 673 dealt with a landlord's right to compensation under the Insolvency Act 1986, s 178 (6) when the lease comes to an end prematurely as a result of a disclaimer by a liquidator.

Your lease also must set out the amount of your security deposit as well as your rights under the security deposit law.

Under the compromise reached in the Senate disallowance debate, the reduced right to negotiate introduced in relation to the creation or variation of high impact exploration permits, high impact mineral development licences, mining claims and mining leases over unallocated state land (under s 43 NTA), was also introduced in relation to the alternative provision aUnder the compromise reached in the Senate disallowance debate, the reduced right to negotiate introduced in relation to the creation or variation of high impact exploration permits, high impact mineral development licences, mining claims and mining leases over unallocated state land (under s 43 NTA), was also introduced in relation to the alternative provision aunder s 43 NTA), was also introduced in relation to the alternative provision areas.

In relation to the primary production upgrade provisions, the inconsistency is between the exercise of native title rights and the carrying out of a range of activities that the leaseholder may wish to pursue, in addition to the rights granted under the lease.

Also during the reporting period, it was reported that the Northern Territory Government proposed to transfer town areas on land under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)(ALRA (NT)-RRB- to 99 year leases (from traditional owners)- this «head lease» would be held by a new statutory body, with the power to issue sub-leases for homes and business premises.14

In short, this report discusses the purpose of land rights and native title legislation; the existing provisions for leasing Indigenous communally owned lands under current legislation; economic factors affecting home ownership and business enterprise; and a human rights analysis of the NIC Principles.It does not advocate a position suffice to note that the full and meaningful participation of Indigenous peoples affected by any policy shift, is critical if sustainable outcomes are to be realised.

There are two Commonwealth National Parks in the Northern Territory - Kakadu National Park and Uluru - Kata Tjuta National Park in which freehold title is held by Traditional Owners under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) which are then leased back and jointly managed in accordance with the Environmental Protection and Biodiversity Conservation Act 1999 (Cth).

The extinguishment of native title rights by a mining lease does not occur under the confirmation provisions of the NTA.

Under the 1998 amendments to the NTA, the right to negotiate is reduced where native title is coexistent with other titles, such as a pastoral lease.

the vesting of rights, titles and interests in land subject to a lease under the SPLA or the CLA, including a lease for a town camp, in the federal government (done by specifying the land under s47 of the NTNER Act).

Traditional rights of use and occupation (under Section 71 of the ALRA) in compulsorily leased Aboriginal lands will be displaced by the existence of the compulsory lease.

In this section, the existing powers to lease, sell and mortgage Indigenous land around Australia under existing land rights legislation and the NTA, are reviewed.