{"id":182073,"date":"2023-07-12T06:32:23","date_gmt":"2023-07-12T05:32:23","guid":{"rendered":"https:\/\/legalvision.co.uk\/?p=182073"},"modified":"2023-07-12T06:32:24","modified_gmt":"2023-07-12T05:32:24","slug":"land-rights-beyond-demised-premises","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/commercial-lease-property\/land-rights-beyond-demised-premises\/","title":{"rendered":"The Importance of Land Rights Granted in a UK Commercial Lease Outside the Lease Demise"},"content":{"rendered":"\n

Commercial tenants in a commercial lease agreement are granted the right of exclusive possession of the property they occupy for the duration of the lease term. Commercial tenants may occupy the entire property or a specific part of it, as your lease agreement will detail. In a commercial lease agreement, the tenant has both rights and obligations. Tenants have the right to occupy the premises but usually have an obligation to make any repairs as needed. Contrarily, tenants may be obligated to pay the landlord a service charge to carry out repairs. Your lease agreement may also grant you rights over land beyond the demised premises for the lease term. This article will explain the importance to tenants of land rights their landlord<\/a> may grant in a UK commercial lease outside the property lease demise.<\/p>\n\n\n\n

Demised Premises<\/h2>\n\n\n\n

The term \u2018demised premises\u2019 in a commercial lease agreement refers to the land or property you have the right to exclusive possession of till the end of the lease term<\/a>. A lease agreement will detail at the outset precisely what this is and will often contain a floor plan for clarity.\u00a0<\/p>\n\n\n\n

If you lease an entire property as a commercial tenant, the demised premises may be evident. If you occupy part of a building, however, it may not be. Clarity of the demised premises is, therefore, particularly significant in these circumstances. The demised premises in your commercial lease is the area you have certain rights over as the tenant in occupation.\u00a0 <\/p>\n\n\n\n

Commercial Tenant Land Rights Beyond the Demised Premises<\/h2>\n\n\n\n

Generally, your rights in a commercial lease will only apply to your demised premises. However, you may also be granted rights over land outside the demised premises. These rights can be fundamental to you as a commercial tenant and below are some your lease may grant you. <\/p>\n\n\n\n

Rights of Way<\/h3>\n\n\n\n

Your lease agreement may grant you, the commercial tenant, rights of way to allow you to access your commercial premises. Rights of way can be fundamental to commercial lease agreements. Without rights of way, you may be hindered from occupying the commercial property you have leased.<\/p>\n\n\n\n

Landlords can only grant you rights of way in the commercial lease agreement if they have the legal right to do so. For this to occur, an access way must be present, or the landlord must request that an access way be made available.<\/p>\n\n\n\n

Commercial Tenant Right to Essential Services Beyond the Demised Premises<\/h3>\n\n\n\n

Commercial tenants may also be granted rights over land not part of the demised premises so the business can access essential services. This could include, for example:<\/p>\n\n\n\n