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Essays in Land Law category
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"The doctrine of adverse possession has no place in twenty-first century England and Wales, and it is a good thing that the Land Registration Bill seeks to marginalise it." Discuss.
... only make it more difficult to grant ownership rights to those who deserve them. Firstly, the current law on adverse possession will be examined looking at the conditions that must be met before a claim can succeed. Secondly, the Land ...
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'The 'mirror' principle, the 'curtain' principle and the 'insurance' principle form the tripod on which the whole English and Welsh system of land registration rests'.Explain, in detail, these three principles.
... of the title of the property and if accompanied by a search of the local land charges register and a physical inspection of the land should afford adequate protection to any potential buyer. This system, however, is not perfect and ...
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'The Land Registration Act 1925 was not intended to alter the practice of physical inspection, which was to remain subject to doctrine of notice. More recent interpretations fail to recognise this fact'. Discuss
... system of conveyancing which required eventual registration of title to all land. It tried to solve the pre-1926 conveyancing problem which was the hazard to the purchaser of the doctrine of notice. To understand what the doctrine of notice is, ...
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1. Philip and Rachel became friends and in 2001 Philip moved in with Rachel who owns her own house at 2 College Road. To please Mabel, Philip’s mother, who was concerned about her son’s lack of security, Rachel agreed that the house could be transferred
... that they are joint tenants as well. Firstly, because it seems to be an express declaration and secondly because the four unities are present. In Rachel's and Philip's case, the criteria of the unity of possession is covered since they are ...
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A lease is an estate in land of defined duration.
... i.e. trespass. There are five categories of licence: Bare licence, licence coupled with equity, licence coupled with the grant of an interest, licence & estopppel and contractual licence. The category into which a licence falls has consequences in terms of ...
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A lease is an estate in land of defined duration. It is capable of subsisting; as a legal estate, but it must be created in the manner required by the law and satisfy the definition of a 'term of years absolute' otherwise it is an equitable interest.
... i.e. trespass. There are five categories of licence: Bare licence, licence coupled with equity, licence coupled with the grant of an interest, licence & estopppel and contractual licence. The category into which a licence falls has consequences in terms of ...
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Adise on principles of Land Law
... he may no longer cross HH's land. The law of property is a complex and intricate topic which is subject to numerous exceptions and bodies of rules. The easiest way to understand property law and in turn apply it to ...
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Business Tenancies
... eligible for protection under the LTA, 1953, Pt II. Robin's girlfriend, Marion, has been renting a flat on the fifth floor. She has been running her massage business from the flat for the last three years without having told ...
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Case law analysis - Advice Martin On Whether He Has Any Rights, Which Are Enforceable Against Midlays Bank? Is The Arrangement With Des Enforceable Against Samantha And Chris?
... and Appointment of Trustees Act 1996, and according with the case of Gissing v Gissing (3), a trust only exists if the person who has the legal title is able to show that 'holds it as a trustee upon trust ...
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Celebrity Couple Problem.
... they will have fulfilled the necessary time period of 12 years. However there are two points we need to bear in mind, firstly under the recently proposed revisions to the legislation regarding adverse possession the couple would need to apply ...
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Co-ownership on Family Home
... vehicles of equitable trusts, along with proprietary estoppel. Hence, if the non-legal owner establishes his/her equitable interest, the property is co-owned in equity and this is binding upon the legal owner in relation to the division of rights to and ...
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Compare the English and Wales law on co-ownership on family home with the jurisdictions in Australia and Canada
... where they both have a legal title. If a number of persons wish to own property jointly, in order to avoid possible upcoming disputes, they may do so by creating an express trust of land - in writing - in compliance ...
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Covenants in land law.
... up by obligations that are merely temporary, ambiguous and personal in nature, the conveyance of land is unfettered. Diagram to illustrate parties involved. A = COVANANTEE - Alan has benefit of covenant (Freehold owner) (receives the promise) B = COVENANTOR - Justin ...
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Critically analyse the impact of the decision in the House of Lords in Street v Mountford
... lease from a licence is one of substance, not of form and the crucial question to ask is whether the agreement conferred 'exclusive possession'. Lord Templeman, in his judgment, went on to say that in future there will be a ...
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Difference between lease and a licence
... the requirements of a 'joint tenancy', the only way by which people can legally share land (see Chapter 12). They did not all arrive at the same time, and so they did not share 'unity of title': they were merely ...
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Executive Finance has lent H £15,000 which is secured by way of a registered charge over H’s property. H has defaulted on repayments. The bottom line for E is that it wants its money back
... an interest under an express trust? The agreement to share could constitute a declaration of trust in favor of E. The problem is that express trusts of land must be executed in writing by virtue of s 53(1)b LPA 1925, ...
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fixtures and chattels-problem questio
... Act 1925 as "'Land' includes land of any tenure and mines an minerals, whether or not held apart from the surface buildings of parts of buildings (whether the division is horizontal, vertical or made in some other way) and other ...
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Interpretation and Cases on Village Greens: Commons Registration Act 1965
... as the ensuing amendments to it and relevant case law. I believe that the 'debate' mentioned in the title statement involves the interpretation of the Commons Registration Act 1965 legislation, specifically regarding type 'c' village greens and their definition. However, I ...
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Land law
... it does not work in the same way insofar as the landlord is concerned upon an assignment of the reversion. He will remain liable for the covenants unless he is released from them."1 From this we can deduce that the ...
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Land law - Freehold Covenants.
... be liable for positive covenants, and Breezeblock plc is not. Secondly, only freehold covenants that "touch or concern" land are capable of passing with a transfer of the land. In Swift investments v Combined English stores this was stated to ...
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Land Law – Assignment No 1.
... to establish whether or not an appropriate degree of physical control has been exercised over the land, the courts will apply an objective test, which relates to the nature and quality of the land in question.4 In applying this objective ...
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Land Registration Act 2002
... operating on a superior plane to other registrable interests, binding purchasers outright and disproportionately empowering the overriding interest-holder. Although the majority of overriding interests provided by the 1925 Act are largely uncontentious, controversy has surrounded the overriding status of interests ...
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Laws in relation to residential occupation.
... premises". 3 The important factor in distinguishing a lease from a licence consists in the absence of any possession precisely in order to supply services or attendance.4 Provision of attendances and services is not confined to the traditional lodger. In ...
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Lease and license
... the privileges which are enjoyed in each of the case. In the present paper the meaning and concept of the terms have been considered and the distinction between the terms on the basis of the rights and also the ruling ...
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Legal Aspects of Property Development
... the assignment wasn't paying the rent and hadn't been insuring the properties then the Landlord has the option of suing either the tenant who took on the assignment or the original tenant who assigned his interest 6 years ago. The tenant ...
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