Unless expressly provided for in the lease, the breach of the implied covenant to develop land does what?

Prepare for the Ohio Certified Professional Lease and Title Analyst (CPLTA) Test. Use flashcards and multiple-choice questions with detailed hints and explanations. Ace your exam!

The breach of the implied covenant to develop land is an important concept in the realm of lease agreements and property law. This covenant typically suggests that a tenant is obligated to put the leased property to productive use, such as developing or improving the land. However, unless the lease explicitly states a consequence for failing to develop the land, a breach of this covenant does not automatically lead to forfeiture of the lease.

In the absence of explicit terms concerning penalties or forfeiture for breach, the law generally holds that a tenant could still maintain possession of the property even if they fail to uphold the implied covenant. Thus, the breach effectively has no bearing on the forfeiture of the leasehold rights. This proposition emphasizes the importance of carefully drafting leases to include specific conditions and stipulations regarding development obligations and the consequences of non-compliance.

The nuances of lease agreements make it critical for parties involved to understand their rights and obligations, and clear language within the lease can prevent misunderstandings regarding such covenants. In this context, the assertion that the breach has no effect on forfeiture aligns with the broader legal principle that lease terms should outline expectations and potential recourse for violations.

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