What does a lease hold over in relation to property interests?

A leasehold interest provides the tenant with the right to occupy and use a property in accordance with the terms set out in the lease agreement. In the context of property interests, leasehold interests typically have priority over certain claims against the property, specifically liens.

When a lien is placed on a property, it usually relates to unpaid debts or legal obligations that are secured against the property. However, leasehold interests generally take precedence over these liens as long as the lease was executed prior to the creation of the lien. This means that if a landlord defaults or fails to satisfy a lien on the property, the tenant’s rights to occupy and use the property under the lease remain intact, ensuring that the tenant is protected from losing their right to occupy the premises due to the landlord's debts.

In contrast, easements, tax claims, and ownership transfers have different rules regarding priority, and they do not generally take precedence over leasehold interests. The nuanced understanding of this hierarchy in property interests is essential for both landlords and tenants to safeguard their rights and understand their responsibilities in relation to property.