AG Securities v Vaughan
Encyclopedia
AG Securities v Vaughan (1988) was a legal case in English property law
concerning the concept of exclusive possession.
In coming to this ruling, one of the Law Lords made reference to the four unities, namely, time, title, possession and interest. The licencees in AG Securities v Vaughan did not enjoy exclusive possession as there their interests were all created separately. This should be contrasted with the two people in Antonidas v Villiers, where although it was described as a "licence" in the written contract, one's occupation depended entirely upon the other, whereby one would not have signed the contract if the other had not; they were held to be in exclusive possession.
English property law
English property law refers to the law of acquisition, sharing and protection of wealth in England and Wales. Property law can refer to many things, and covers many areas. Property in land is the domain of the law of real property. The law of personal property is particularly important for...
concerning the concept of exclusive possession.
Facts
This case involved a joint appeal to the House of Lords regarding the elements of exclusive possession, and it was heard together with the case of Antonidas v Villiers. In AG Securities v Vaughanm, four individuals each held a written agreement for the occupancy of a furnished flat. Each agreement stated that the individual was to share with up to three other people and that only a licence (rather than a lease) was being granted. Several agreements were made, with each agreement lasting no more than six months. When a vacancy arose the landlord would decide who was to replace the person who had left. The claimants were seeking a declaration that they were in exclusive possession, and therefore were in possession of a lease, and not a licence as mentioned in the written contract.House of Lords
The House of Lords ruled that no exclusive possession existed.In coming to this ruling, one of the Law Lords made reference to the four unities, namely, time, title, possession and interest. The licencees in AG Securities v Vaughan did not enjoy exclusive possession as there their interests were all created separately. This should be contrasted with the two people in Antonidas v Villiers, where although it was described as a "licence" in the written contract, one's occupation depended entirely upon the other, whereby one would not have signed the contract if the other had not; they were held to be in exclusive possession.
See also
- English property lawEnglish property lawEnglish property law refers to the law of acquisition, sharing and protection of wealth in England and Wales. Property law can refer to many things, and covers many areas. Property in land is the domain of the law of real property. The law of personal property is particularly important for...
- Rent Act 1977Rent Act 1977The Rent Act 1977 was an Act of Parliament passed in the United Kingdom. The Act introduced the protected tenancy, a type of lease....
- Joint tenancy
- Street v MountfordStreet v MountfordStreet v Mountford [1985] is an important House of Lords judgment in English property law. The case set out the principles the court would deploy to decide whether someone's occupation of a property amounted to a tenancy Street v Mountford [1985] is an important House of Lords judgment in English...
[1985] AC 809