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60-625: Manti National Forest was established as the Manti Forest Reserve by the United States General Land Office in Colorado and Utah on May 29, 1903 with 584,640 acres (2,366.0 km). After the transfer of federal forests to the U.S. Forest Service in 1905, it became a National Forest on March 4, 1907. On July 1, 1915 Nebo National Forest was added. On November 11, 1941, La Sal National Forest

120-402: A driver's license , and only those drivers appearing on the contract may be authorized to drive. It may include an option to purchase auto insurance (UK: motor insurance), if the renter does not already have a policy to cover rentals—another important consideration for multiple drivers. Some agencies may even require a bond payable if the car is not returned in order, often held in the form of

180-488: A service charge which is normally an express list of services in a lease to minimize disputes over service charges. A gross lease or tenancy stipulates a rent that is for the global amount due including all service charges. A cancelable lease ( UK : determinable/breakable lease) is a lease that may be terminated (formally determined ) solely by the lessee or solely by the lessor without penalty. A mutually determinable lease can be determined by either. A non-cancelable lease

240-427: A credit-card authorization—voided if the car is returned per agreement. A renter should be advised that he or she will be responsible for any tolls, parking or traffic violations incurred upon the vehicle during the rental period. There should also be advice on handling thefts, accidents, break-downs, and towing. Further terms may include added fees for late returns, drop-off at a different location, or failure to top up

300-450: A default position in some jurisdictions. Sharing or parting with possession can be a breach of certain leases resulting in action for forfeiture. Enfranchisement is the obtaining of the landlord's title and is most commonly negotiated with the landlord where a tenant pays only a ground rent . Merger is where the landlord and tenant happen to be the same and can terminate a lease where there are no subtenants in certain jurisdictions. In

360-531: A definite beginning date and a definite ending date. Despite the name "tenancy for years", such a tenancy can last for any period of time—even a tenancy for one week may be called a tenancy for years. At common law the duration did not need to be certain, but could be conditioned upon the happening of some event, (e.g., "until the crops are ready for harvest" or "until the war is over"). In many jurisdictions that possibility has been partially or totally abolished. A fixed term tenancy comes to an end automatically when

420-458: A duration greater than one year must be in writing in order to satisfy the Statute of Frauds . The term of the lease may be fixed, periodic or of indefinite duration. If it is for a specified period of time, the term ends automatically when the period expires, and no notice needs to be given, in the absence of legal requirements. The term's duration may be conditional, in which case it lasts until

480-430: A fixed term, for consideration, the tenant may not be removed except for cause , even if there is no written lease. (However, an oral lease for more than 12 months is not enforceable if the statute of frauds in the jurisdiction includes leases of more than 12 months.) Many residential leases convert to "at will" tenancy subject to 30 days' notice. Alternatively, a tenancy at will (without a specific time limit) may exist for

540-414: A lease generally provides for regular periodic payments during its term and a specific ending date. If a contract has no ending date then it may be in the form of a perpetual license and still not be a lease. Under normal circumstances, owners of property are at liberty to do what they want with their property (for a lawful purpose), including dealing with it or handing over possession of the property to

600-515: A month by month basis. It is also possible for a tenant, either expressly or impliedly, to give up the tenancy to the landlord. This process is known as a "surrender" of the lease. There have been recent restrictions and limitations in New York City regarding lease terms. One limitation in particular stated that units can not be leased for a period of less than two weeks and any unit leased for less than 90 days may not allow guests or pets in

660-415: A periodic tenancy when the period or term is nearing completion, by giving notice to the other party as required by statute or case law in the jurisdiction. Neither landlord nor tenant may terminate a periodic tenancy before the period has ended, without incurring an obligation to pay for the months remaining on the lease. Either party must give notice if it intends to terminate a tenancy from year to year, and

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720-406: A person (called a licensee ) to use property, but which is subject to termination at the will of the owner of the property (called the licensor ). An example of a licensor/licensee relationship is a parking lot owner and a person who parks a vehicle in the parking lot. A license may be seen in the form of a ticket to a baseball game or a verbal permission to sleep a few days on a sofa. The difference

780-487: A rental application which is used to build the terms of the lease. In addition to the basics of a rental (who, what, when, how much), a real estate rental may go into much more detail on these and other issues. The real estate may be rented for housing , parking vehicles, storage, business, agricultural, institutional, or government use, or other reasons. In accordance with this, a lease agreement usually includes other critical financial obligations. These factors build upon

840-401: A result of local law. In general, by paying the negotiated fee to the lessor, the lessee (also called a tenant ) has possession and use (the rental ) of the leased property to the exclusion of the lessor and all others except with the invitation of the tenant. The most common form of real property lease is a residential rental agreement between landlord and tenant. As the relationship between

900-415: A specified event occurs, such as the death of a specified individual. A periodic tenancy is one which is renewed automatically, usually on a monthly or weekly basis. A tenancy at will lasts only as long as the parties wish it to, and may be terminated by either party without penalty. It is common for a lease to be extended on a "holding over" basis, which normally converts the tenancy to a periodic tenancy on

960-403: A temporary period where a tenant wishes to take possession of a property and the landlord agrees, but there is insufficient time in which to negotiate and complete a new lease. In this case, the tenancy at will is terminated as soon as a new lease is negotiated and signed. The parties may also agree on the basis that if the parties fail to enter into a new lease within a reasonable time period, then

1020-414: A tenancy. For example, the changing of locks by the landlord is an indication of the end of the tenancy, as is the vacation of the premises by the tenant. However, in some jurisdictions, such as California, a landlord is prohibited from using a "self help" remedy, such as changing the locks, to terminate a tenancy, particularly a residential tenancy. Doing so may constitute a "constructive eviction" and expose

1080-407: A tenant for a limited period of time. If an owner has granted possession to another (i.e., the tenant) then any interference with the quiet enjoyment of the property by the tenant in lawful possession is itself unlawful. Similar principles apply to real property as well as to personal property , though the terminology differs. The right to sub-lease may or may not be permitted to a tenant. Where it

1140-447: Is a lease that cannot be so terminated. Commonly, "lease" may imply a non-cancelable lease, whereas "rental agreement" may connote a cancelable lease. Influenced by land registration , commonly tenancies initially granted for more than a year are referred to more simply as leases. The lease will either provide specific provisions regarding the responsibilities and rights of the lessee and lessor, or there will be automatic provisions as

1200-403: Is a requirement of leases in some common law jurisdictions, but not in civil law jurisdictions. In England and Wales it was held in the case of Ashburn Anstalt v Arnold that rent was not a requirement for there to be a lease, however the court will more often construe a licence where no rent is paid as it is seen as evidence for no intention to create legal relations. There is no requirement for

1260-427: Is a tenancy which either the landlord or the tenant may terminate at any time by giving reasonable notice . Unlike a periodic tenancy, it isn't associated with a time period. It may last for many years, but it could be ended at any time by either the lessor or the lessee for any reason, or for no reason at all. Proper notice, as always with landlord/tenant law, must be given, as set forth in the state's statutes. If there

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1320-496: Is no formal lease, the tenancy at will is the one that usually exists. In rare cases it may occur where the tenancy is not for consideration . Under the modern common law , a tenancy at will without compensation is very rare, partly because it comes about only if the parties expressly agree that the tenancy is for no rent, commonly where a family member is allowed to live in a home (a nominal consideration may be required) without any formal arrangements. In most residential tenancies for

1380-400: Is permitted, the lease granted directly by the owner is called a "headlease", or sometimes a "master lease". Headlease tenants and their tenants who may in turn also sublet are termed mesne / m iː n / landlords from the old French for middle. The headlease tenant has no right to grant a sublease which extends beyond the end of the headlease. To circumvent privity of estate which is

1440-404: Is that if there is a term (end time), a degree of privacy suggestive of exclusive possession of a clearly defined part, practised ongoing, recurrent payments, a lack of right to terminate save for misconduct or nonpayment, these factors tend toward a lease; by contrast, a one-time entrance onto someone else's property is probably a license. The seminal difference between a lease and a license is that

1500-476: The United States a lessee may negotiate a right of first refusal clause into their land or property lease giving them the right to make a purchase offer on the property before the lessor can negotiate with third-party buyers. This gives tenants the ability to commit to a piece of property before any other potential buyers have the opportunity. Over the centuries, leases have served many purposes and

1560-682: The Bureau of Land Management on July 16, 1946. The GLO oversaw the surveying , platting , and sale of the public lands in the Western United States and administered the Homestead Act and the Preemption Act in disposal of public lands. The frantic pace of public land sales in the 19th century American West led to the idiomatic expression "land-office business", meaning a thriving or high-volume trade. For most of

1620-466: The contract law of the applicable jurisdiction. In the United States , since it also represents a conveyance of possessory rights to real estate, it is a hybrid sort of contract that involves qualities of a deed . Some kinds of leases may have specific clauses required by statute depending upon the property being leased, the jurisdiction in which the agreement was signed, and the residence of

1680-415: The tangible property is land (including at any vertical section such as airspace, storey of building or mine ). A premium is an amount paid by the tenant for the lease to be granted or to secure the former tenant's lease, often in order to secure a low rent, in long leases termed a ground rent . For parts of buildings it is most common for users to pay also by collateral contract, or by the same contract,

1740-798: The GLO gained a focus for conservation of renewable public resources, as well as for their exploitation. On July 16, 1946, the GLO was merged with the United States Grazing Service (established in 1934 under the Taylor Grazing Act ) to become the Bureau of Land Management (BLM), an agency of the Interior Department responsible for administering the remaining 264,000,000 acres (1,070,000 km ) of public lands still in federal ownership. An early commissioner

1800-440: The active period of public land settlement, district land offices were the basic operating units that conducted the business of transferring title. All transactions relative to the disposal of public land within a declared land district were handled through its land office by officials designated as registers , who recorded land applications, and receivers , who accepted payments for land and issued receipts. The position of receiver

1860-467: The amount of notice is either specified by the lease or by state statute. Notice is usually, but not always, at least one month, especially for the year-to-year periodic tenancy. Durations of less than a year must typically receive notice equal to the period of the tenancy—for example, the landlord must give a month's notice to terminate a tenancy from month to month. However, many jurisdictions have increased these required notice periods, and some have reduced

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1920-514: The capacity of a landlord to use them drastically. For jurisdictions that have local rent control laws, a landlord's ability to terminate a residential tenancy is substantially reduced. For example, in California, the cities of Los Angeles, Santa Monica, West Hollywood, San Francisco, and Oakland have "rent stabilization ordinances" that limit a landlord's ability to terminate a periodic tenancy, among other restrictions. The notice must also state

1980-681: The combined Manti-La Sal National Forest's total area. There are local ranger district offices in Ephraim , Ferron , and Price , whereas the administrative headquarters of the combined Manti-La Sal National Forest are also in Price. United States General Land Office Placed under the Department of the Interior when that department was formed in 1849, it was merged with the United States Grazing Service (established in 1934) to become

2040-436: The condition in order to hold the tenant liable for rent. The landlord may evict such a tenant at any time, and without notice. The landlord may also impose a new lease on the holdover tenant. For a residential tenancy, this new tenancy is month to month. For a commercial tenancy of more than a year, the new tenancy is year to year; otherwise it is the same period as the period before the original lease expired. In either case,

2100-417: The effective date of termination, which, in some jurisdictions, must be on the last day of the payment period. In other words, if a month-to-month tenancy began on the 15th of the month, in a jurisdiction with a last day requirement the termination could not be effective on the 20th of the following month, even though this would give the tenant more than the required one month's notice. A tenancy at will

2160-401: The fixed term runs out or, in the case of a tenancy that ends on the happening of an event, when the event occurs. If a holdover tenant remains on the property after the termination of the lease, s/he may become a tenant at sufferance because the lessor/landlord has suffered (or allowed) the tenant to remain as a tenant instead of evicting him or her. Such a tenancy is generally "at will," meaning

2220-504: The general principle flowing from privity of contract , laws exist in several jurisdictions to bind subtenants to some of the restrictive covenants (terms) of the headlease, for instance in England and Wales those which have been held by courts to touch and concern the land. A transfer of a remaining interest in a lease, assignment , is a type of ( alienation ) is often possible and an implied rights to assign exist by compulsory law or as

2280-429: The influence of the common law and, particularly, the laissez-faire philosophy that dominated the law of contract and property law in the 19th century. With the growth of consumerism , consumer protection legislation recognized that common law principles, which assume equal bargaining power between the contracting parties, create hardships when that assumption is inaccurate. Consequently, reformers have emphasized

2340-419: The jurisdiction—without being in writing) may actually create a periodic tenancy, depending on the laws of the jurisdiction where the leased premises are located. In many jurisdictions the "default" tenancy, where the parties have not explicitly specified a different arrangement, and where none is presumed under local or business custom, is a month-to-month tenancy. Either the landlord or the tenant may terminate

2400-415: The landlord can raise the rent, so long as the landlord has told the tenant of the higher rent before the expiration of the original lease. Formal requirements for a lease are determined by the law and custom of the jurisdiction in which real property is located. In the case of personal property, it is determined by the law and custom of the jurisdiction in which the rental agreement is made. A tenancy for

2460-415: The landlord to civil and criminal liability. A tenancy at sufferance (sometimes called a holdover tenancy ) exists when a tenant remains in possession of a property after the expiration of a lease, and until the landlord acts to eject the tenant from the property. Although the tenant is technically a trespasser at this point, and possession of this type is not a true estate in land, authorities recognize

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2520-399: The lease; rather, such language may be interpreted as granting the tenant a life estate or even a fee simple . A tenancy at will is broken, again by operation of law , if the: The specifics of these rules differ from jurisdiction to jurisdiction. Subject to any notice required by law, a tenancy at will also comes to an end when either the landlord or the tenant acts inconsistently with

2580-436: The nature of legal regulation has varied according to those purposes and the social and economic conditions of the times. Leases, for example, were mainly used for agricultural purposes until the late 18th century and early 19th century when the growth of cities in industrialized countries made leases an important form of landholding in urban areas . The modern law of landlord and tenant in common law jurisdictions retains

2640-486: The need to assess residential tenancy laws in terms of protection they provide to tenants. Legislation to protect tenants is now common. Consequently, Common law has treated Lease as not similar or equivalent to a common commercial contract, especially in regard to the question of whether a Lease Agreement can be terminated by notice , in the same way and manner as a usual commercial contract. A fixed-term tenancy or tenancy for years lasts for some fixed period of time. It has

2700-492: The newly created Forest Service , under the Department of Agriculture . Beginning in the early 20th century, the GLO shifted from a primary function of land sales to issuing leases and collecting grazing fees for livestock raised on public lands, and royalties from minerals off lands recently withdrawn from disposal under the Withdrawal Act of 1910, as well as other custodial duties. Thus, beginning around 1900,

2760-718: The official survey records of the GLO and BLM on a township basis. The GCDB data are available for download by the public in GIS shapefile format from the GeoCommunicator Land Survey Information System website. The GCDB coordinates are also available to the public in the GCDB flat file and GCDB coverage formats via the National Operations Center website. Lease A lease is a contractual arrangement calling for

2820-415: The parties. Common elements of a lease agreement include: All kinds of personal property (e.g. cars and furniture) or real property (e.g. raw land, apartments, single family homes, and business property, which includes wholesale and retail) may be leased. As a result of the lease, the owner (lessor) grants the use of the stated property to the lessee. The narrower term 'tenancy' describes a lease in which

2880-407: The petrol immediately before the return. Finally, there may be provisions for making a non-refundable deposit with a booking, terms for payment of the initial period (with discounts, vouchers, etc.), extended periods, and any damages or other fees that accrue prior to the return. A rental agreement is often called a lease, especially when real estate is rented. Real estate rentals are initiated by

2940-442: The rent to be a commercial amount; a peppercorn or rent of some nominal amount is sufficient for this requirement. A sharing arrangement with much of a landlord's property or, for no specific room of a building for instance, may defeat a finding of a lease, however this common requirement of a lease is interpreted differently in many jurisdictions. In addition to the above, a car rental agreement may include various restrictions on

3000-421: The right to use the asset in return for regular rental payments. The lessee also agrees to abide by various conditions regarding their use of the property or equipment. For example, a person leasing a car may agree to the condition that the car will only be used for personal use. The term rental agreement can refer to two kinds of leases: A lease is a legal contract , and thus enforceable by all parties under

3060-400: The tenant and the landlord is called a tenancy , this term generally is also used for informal and shorter leases. The right to possession by the tenant is sometimes called a leasehold interest . A lease can be for a fixed period of time (called the term of the lease). A lease may be terminated sooner than its end date by: A lease should be contrasted with a license , which may entitle

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3120-423: The tenant must vacate the premises. If a lease exists at the sole discretion of the landlord, the law of the jurisdiction may imply that the tenant is granted, by operation of law , a reciprocal right to terminate the lease at will. However, a lease that explicitly exists at the will of the tenant (e.g. "for as long as the tenant desires to live on this land") generally does not imply that the landlord may terminate

3180-433: The tenant or the landlord may terminate it at any time, upon the providing of proper statutory notice. A periodic tenancy, also known as a tenancy from year to year, month to month, or week to week, is an estate that exists for some period of time determined by the term of the payment of rent. An oral lease for a tenancy of years that violates the Statute of Frauds (by committing to a lease of more than one year—depending on

3240-498: The unit. As stated by the Australian Consumer Law (ACL), 2013, a lack of transparency regarding a term in a standard-form consumer contract may cause a significant imbalance in the parties' rights and obligations. A term is considered transparent if it is: Terms that may not be considered transparent include terms that are hidden in fine print or schedules or phrased in complex or technical language. Rent

3300-400: The user (referred to as the lessee ) to pay the owner (referred to as the lessor ) for the use of an asset . Property , buildings and vehicles are common assets that are leased. Industrial or business equipment are also leased. In essence, a lease agreement is a contract between two parties : the lessor and the lessee. The lessor is the legal owner of the asset, while the lessee obtains

3360-406: The way a renter can use a car, and the condition in which it must be returned. For example, some rentals cannot be driven off-road, or out of the country, or towing a trailer, without specific permission. In New Zealand you may have to specifically endorse a promise that the car will not be driven onto Ninety-Mile Beach (because of the hazardous tides). There will certainly be a requirement to show

3420-617: Was John McLean , later an Associate Justice of the Supreme Court of the United States . The BLM makes images of GLO records (federal land patents, survey plats and field notes, land status records, and tract books) issued between 1787 and present publicly available on its website. Since 1990, the BLM's Geographic Coordinates Database (GCDB) program has endeavored to generate coordinate values for each established PLSS corner using

3480-471: Was abolished, July 1, 1925, and the functions devolved upon the register, whose title was changed to "manager" in 1946. The first of 362 district land offices was opened at Steubenville, Ohio , on July 2, 1800; the last at Newcastle, Wyoming , on March 1, 1920. The peak year for land offices was 1890, with 123 in operation. The subsequent closing of the public domain gradually reduced the number of land offices, until, in 1933, only 25 offices remained. The GLO

3540-514: Was added. On August 28, 1958 the name was changed to Manti-La Sal National Forest . Manti's lands are on the west side of the Colorado River in central Utah, between Manti and Price . In descending order of area, its lands are located in parts of Sanpete (50.3%), Emery (28.96%), Utah (12.59%), Carbon (4.11%), and Sevier (4.05%) counties. As of 30 September 2008 its area was 735,358 acres (2,975.9 km), representing 57.87% of

3600-619: Was placed under the Secretary of the Interior when the Department of the Interior was formed in 1849. Reacting to public concerns about forest conservation, Congress in 1891 authorized the President to withdraw timber lands from disposal. Grover Cleveland then created 17 forest reserves of nearly 18,000,000 acres (73,000 km ), which were initially managed by the GLO. In 1905, Congress transferred responsibility for these reserves to

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