Principle

CUSTOMARY LAW – Customary Tenancy – Out and Out Grant Inconsistent with Tenancy

Area of law
CUSTOMARY LAW
Court
Supreme Court

An "out and out" grant—absolute and unconditional—is inconsistent with customary tenancy. Customary tenancy implies a limited interest, retaining the overlord's reversionary rights. The tenant holds subject to conditions and cannot alienate without consent. An absolute grant suggests a transfer of full ownership, not a tenancy.…

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