Examines recent judicial consideration of the Supreme Court judgments in Mexfield Housing Co-operative Ltd v Berrisford and determines the true ratio of Mexfield. Demonstrates that the Supreme Court's acceptance of an alleged ancient rule, that an agreement for a tenancy for an uncertain term 'automatically' gives rise to a tenancy for life, was obiter, and that there never was any such rule. Calls for judicial reconsideration of Prudential Assurance Co Ltd v London Residuary Body, and highlights the need for more work on the history of land law in the 19th and 20th centuries.
|Journal||The Conveyancer and Property Lawyer|
|Publication status||Published - 7 Nov 2016|