2014•SSRN Electronic JournalOpen access

Tenure is a Two-Way Street - Law Has Given Rights But Imposed Obligations

Sayed Iqbal Mohamed

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Abstract

Tenure means a period under which a person has the right to hold employment or term of public or private office. Security of tenure refers to a permanent position of employment, like the security of tenure of the office for judges. In a feudal society, tenure dealt with land ownership and land possession. All land belonged to the king. The tenant was a landholder, who had the right to possess land. In return, the tenant had to render many services to the lord.Security of tenure is also associated with the notion of “permanency” and “protection”, having a right in perpetuity. In other words, a tenant has the right to occupy the dwelling for ever or indefinitely, or, the tenant has the option to renew the lease for ever. This is not the legal position.

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What this paper is about

Tenure means a period under which a person has the right to hold employment or term of public or private office. Security of tenure refers to a permanent position of employment, like the security of tenure of the office for judges. In a feudal society, tenure dealt with land ownership and land possession. All land belonged to the king. The tenant was a landholder, who had the right to possess land. In return, the tenant had to render many services to the lord.Security of tenure is also associated with the notion of “permanency” and “protection”, having a right in perpetuity. In other words, a tenant has the right to occupy the dwelling for ever or indefinitely, or, the tenant has the option to renew the lease for ever. This is not the legal position.

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Available abstract

Tenure means a period under which a person has the right to hold employment or term of public or private office. Security of tenure refers to a permanent position of employment, like the security of tenure of the office for judges. In a feudal society, tenure dealt with land ownership and land possession. All land belonged to the king. The tenant was a landholder, who had the right to possess land. In return, the tenant had to render many services to the lord.Security of tenure is also associated with the notion of “permanency” and “protection”, having a right in perpetuity. In other words, a tenant has the right to occupy the dwelling for ever or indefinitely, or, the tenant has the option to renew the lease for ever. This is not the legal position.

Key concepts: Perpetuity, Security of tenure, Lease, Land tenure, Possession (linguistics), Position (finance), Trespass, Law

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