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https://en.wikipedia.org/wiki/American_rule_(property)
The American rule survives in only a minority of jurisdictions. By contrast, the English rule states that in such a scenario, the tenant may cancel the lease, obligating the landlord to deliver not only legal possession but also actual possession, and giving the landlord standing to sue the party in wrongful possession of the premises.
http://accessevictions.com/landlord-duty-deliver-possession/
Jul 30, 2013 · “English” Rule The covenant to deliver possession is enforceable against the landlord when a third party wrongfully remains in possession at the time the tenant is entitled to possession. The landlord’s obligation is to ensure actual possession, not a mere right of possession. This is the long-established rule in England and is followed by a …
https://quizlet.com/22208314/landlordtenant-law-and-delivery-of-possession-flash-cards/
Start studying LANDLORD/TENANT LAW AND DELIVERY OF POSSESSION. Learn vocabulary, terms, and more with flashcards, games, and other study tools.
http://legalgist.com/delivery-possession
i.When a landlord and tenant agree through a lease that the tenant may take possession of property as outlined in a lease, the landlord gives delivery of possession when he makes the property available to the tenant on the first day allowed under the lease. 1.Rules for Responsibility of Delivery of Possession a.American Rule – […]
https://legal-dictionary.thefreedictionary.com/delivery
Delivery. The transfer of possession of real property or Personal Property from one person to another.. Two elements of a valid gift are delivery and donative intent. Delivery is not restricted to the actual physical transfer of an item—in some cases delivery may be symbolic.
http://all4jds.com/forums/aft/11862
Jul 15, 2009 · Majority of courts follow the ENGLISH rule - which require delivery of actual possession to T; minority of courts follow the AMERICAN rule - just deliver legal possession. MBE (unless stated otherwise) follow the majority rule. The consequences/liability differ as well, but you can look that up.
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