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Law of Property Act 2000
115Abolition of interesse termini as to reversionary leases and
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115 Abolition of interesse termini as to reversionary leases and
leases for lives
(1) The doctrine of interesse termini is abolished.
(2) On the commencement of this Act, all terms of years absolute are,
whether the interest is created before or after that commencement,
capable of taking effect at law or in equity, according to the interest
or powers of the grantor, from the date fixed for commencement of
the term without actual entry.
(3) On the commencement of this Act, a term at a rent or granted in
consideration of a fine that is limited to take effect more than
21 years from the date of the instrument purporting to create it is
void.
(4) A contract made after the commencement of this Act for the
purpose of creating a term referred to in subsection (3) is void.
(5) Subsections (3) and (4) do not apply to a term that:
(a) takes effect in equity under a settlement; or
(b) is created out of an equitable interest under a settlement or
under an equitable power for mortgage, indemnity or other like
purpose.
(6) Nothing in subsections (1) and (2):
(a) prejudicially affects the right of a person to:
(i) recover rent; or
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(ii) enforce or take advantage of any covenants or
conditions; or
(b) in the case of terms or interests created before the
commencement of this Act – operates to vary statutory or
other obligations imposed in respect of those terms or
interests.
(7) The rule of law that a legal term, whether or not being a mortgage
term, may be created to take effect in reversion expectant on a
longer term is confirmed and nothing in this Act affects the
operation of that rule.
(8) In this section term of years includes:
(a) a term for less than a year;
(b) a term for a year, or years, and a part of a year; and
(c) a term from year to year.