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Or is it more a taxonomical device used to deduce as to whether or not a given agreement for accommodation is legally to be deemed a tenancy?

In other words, considering the following quotation from the law lords' decision...

"The manufacture of a five pronged implement for manual digging results in a fork even if the manufacturer, unfamiliar with the English language, insists that he intended to make and has made a spade,

...can it be said that exclusive possession is more akin to the number of prongs required to render something as that which may be described as a fork, rather than any legal stipulations as to the prescribed conduct surrounding forks?

1 Answers1

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Both

A tenant has the right of exclusive possession.

A person who has a right of exclusive possession is a tenant.

Exclusive possession is so fundamental to a lease that one implies the other.

Dale M
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