Is a contract involving a real property lease is the only contract relating to an interest in land that must be in writing to be enforceable
3 Answers from Attorneys
No, any interest in land. That includes security interests, such as mortgages or deeds of trust. It includes transfers, such as deeds. It includes express easements, and servitudes.
Mr. Roach is right. In addition, however, not all tenancies are considered contracts. So there can be a tenancy without a writing, even though it is not a lease, and the tenancy then becomes governed by the laws of tenancy rather than the law of real property contracts.
My colleagues may not be aware that any time a landlord and a tenant agree to lease a rental unit for more than one year, the agreement must be in writing. If such an agreement is not in writing, it is unenforceable. You can check Code Sections 1091, 1624(a)(3).
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