• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month
Page
  1. 1
    1
  2. 2
    2
  3. 3
    3
  4. 4
    4
  5. 5
    5
  6. 6
    6
  7. 7
    7
  8. 8
    8
  9. 9
    9
  10. 10
    10
  11. 11
    11

To advise Reggie, it is necessary to look at the law of adverse possession. Adverse possession is actual possession in the absence of possession by the rightful owner, and without lawful title.

Extracts from this document...

Introduction

PROPERTY I: LAND LAW COURSEWORK MO7934 NAME: JACQUELINE YEE-BING, LEE STUDENT NUMBER: 01228801 NUMBER OF WORDS: 2,993 Q.1 To advise Reggie, it is necessary to look at the law of adverse possession. Adverse possession is actual possession in the absence of possession by the rightful owner, and without lawful title. In adverse possession, no action can be brought by a person to recover land more than twelve years from the date on which the right accrued.1 Once twelve years past, the owner will lose both right to sue and his title to the property,2 as time will start to run against the prior owner only once he had been disposed or has discontinued possession3 and when adverse possession has been taken by another person.4 However, the law will be changed after the Land Registration Act 2002 (not yet in force) where section 96 of Land Registration Act 2002 which suspend the operation of section 15 and section 17 of the Limitation Act 1980. In this case, the island and the land on the shore will be treated as registered land. When Phil sold the land on the shore to his neighbour, Amanda, in 1970, the time starts then and Amanda have the right and interest to the land. However, the island would remain in Phil's possession as of 1965. In 1975, the time of adverse possession would start to run, when Reggie, without Amanda's agreement or consent, decided to move in and use the land for himself.5 Reggie's act where he began charging tourist for day fishing permits from the shore of the island is 'inconsistent' to Phil's initial act,6 as well as when Reggie parked his caravan on Amanda's land and started living there, these are clear signs of his intention to possess the land.7 Furthermore, when Reggie began keeping horses to hire out to the tourists; he is again, acting inconsistent to Amanda's original act.8 In 1977, Reggie built a fence to keep the horses from straying, 'fencing' the land is ...read more.

Middle

So, assuming that there was a course of dealing between them, this would then constitute to '..a course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in common"32 between Carmen and Dominique which in result amounted to severance. This would then make Dominique himself having three fourth of the share altogether while Bruiser having one fourth of the share as tenancy in common. However, on the other hand, if there was no severance, in regards to Carmen's share, of which she is still a joint tenant, her interest would disappear and go by right of survivorship upon her death and Dominique alone is the only survivor left. Unlike tenancy in common, in joint tenancy, the joint tenant cannot leave his or her share by will or allow it to pass on intestacy. Thus, Manuela will not be able to get Carmen's share in the legal estate. Lastly, the bankruptcy of a joint tenant will sever the equitable joint tenancy. Thus, when Dominique is declared bankrupt and her trustee in bankruptcy becomes entitled to all her property, which simply means that whilst Dominique has got three fourth of the share in the house, his equitable interest are vested upon his trustee who have "all the powers of an absolute owner" but only "for the purpose of exercising their power of trustees".33 This is because bankruptcy vest Dominique's property in the trustee in bankruptcy and this clearly affects a severance.34 To sum up, Dominique will wholly own the legal estate while his equitable interests in the legal estate will be vested upon his trustee in bankruptcy and Bruiser has one fourth of the share as tenancy in common. Both Manuela and Arnie will own nothing. Q. 3 To answer this question, it is important to distinguish between a lease and a licence. A lease is an interest in land and a licence is merely a personal permission to do something that would otherwise be a trespass. ...read more.

Conclusion

This power is not to be implemented until the power of sale has become exercisable.57 A receiver is considered to be the agent of the mortgagor, thus, is solely responsible for the receiver's act or defaults, unless the mortgage otherwise provides. Therefore, a mortgagee, who wishes to gain profit from land, will generally appoint a receiver rather than take possession of the land himself because if he allocates a receiver, he avoids liability on the basis of wilful default.58 After paying various expenditures and his own commission, the receiver must apply any money received by him in payment of the interest due under the mortgage, in writing, if directed by the mortgagee, towards the discharge of the principal money.59 A mortgagee whose mortgage is not by deed may apply to the court for the appointment of a receiver.60 Foreclosure is a court procedure whereby the mortgagor's estate is vested in the mortgagee as soon as the contractual date for redemption has passed.61 It involves the foreclosure nisi and the foreclosure absolute. The former requires the mortgagor to repay the money borrowed, and so transfer the mortgage, within a set period,(normally six months). Failure to do so will lead to the foreclosure being made absolute. The court has power to order sale instead of foreclosure62 and will generally do so unless it appears that the value of the property is equal to the mortgage debt. By the equitable remedy of foreclosure equity takes away from the mortgagor the very interest which it has created, the equity of redemption. Therefore, foreclosure is the mortgagee's counterblast to the mortgagor's equity of redemption. This remedy is available only on application to the court.63 This is a harsh remedy and is rarely used nowadays.64 In conclusion, a mortgagee's interest can be protected through enforcing their right to sue the mortgagor's covenant to repay, right to possession, right to sale as well as appoint a receiver and foreclosure. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Marked by a teacher

    Common Law and Equity

    5 star(s)

    Another is rectification. The court may order rectification if there is a mistake in written documents, e.g. wills. In order to do this it must be shown that the parties had agreed before the written document was prepared and the agreement was complete and there must have been a common mistake.

  2. "The main aims of the Land Registration Acts were to give certainty to title ...

    In Norwich & Peterborough Building Society v. Steed (1992)64 the Court of Appeal refused rectification despite the fact that the transaction was induced by fraud. The reason for this decision is that although there is a discretion to rectify under S.82(1), there is no general power to do so just

  1. Commercial law discussion - 'Transfer of Title by a Non-Owner'.

    shall have the same effect as if the person making the delivery or transfer were expressly authorised by the owner of the goods to make the same.' The seventh exception is a Sale by a buyer in possession- in a similar way to the previous key point s25(1)

  2. Unmarried fathers and their children - has the law got it right?

    If this is the case, why do unmarried fathers have no legal rights over their children? There needs to be a focus on the mother in this respect. If she does not give her consent to include the father in the child's upbringing, or grant any responsibility to him, he

  1. Understanding Young People, Law and Order

    a Reprimand or Final Warning which are orders intended to prevent the young person from entering the youth justice system too early and would give Westminster YOT the opportunity to offer the support and help needed to stop the young person from re-offending.

  2. Explain the development of Equity.

    Injunction orders a defendant to do or not do something, for example a person might live next door to a factory form which black smoke is emitted, covering his property with soot. At common law, the person would have to sue on every occurrence of the 'nuisance' as damages were the only remedy available.

  1. To what extent do you think these aims have been (or will be) facilitated ...

    By making such rights registrable as land charges, it made it relatively simple to discover to what third party rights the property he was buying would be subject. The purpose of land charges legislation under the Land Charges Act 1925 and 1972 was to denote a scheme for registering charges

  2. The Nature of Law in Society

    In this day and age with the internet and being able to set up various websites from different locations exposes how weak this judgement is. However it may be the fact that society has now accepted these things and the law has to also slowly adapt to it.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work