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University Degree: Land Law
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- Marked by Teachers essays 2
'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.4 star(s)
This system, however, is not perfect and certain rights are not registrable and may not be discovered even with the other checks available. Since 1989, the whole of England and Wales has been an area of compulsory registration and wherever an unregistered piece of land is sold, it must be placed on the register. This applies not only to freehold properties for sale but also to dispositions by way of a gift or in administering a dead person's estate. The creation or transfer of leases over 21 years must also be compulsorily registered and also a first legal mortgage protected by title deeds requires the legal estate to be registered.
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When selling the freehold estate in the land, the contract will automatically include everything which counts as land. Therefore should a seller wish to retain and remove such a fixture, this should be specifically excluded within the contract of the sale. In order to establish whether the items removed by Siegfried could be demanded back by Boris the items must be considered in turn, to determine whether they remain chattels, become fixtures or become part and parcel of the land.
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It is not clear that it has a role in a system of e-conveyancing. There are uncertainties about its precise field of operation, save that it operates only on grant." The conditions needed to satisfy the creation of an easement were set out in Re Ellenborough5, whereby four rules were set out for a right to be capable of becoming an easement. Firstly, there must be a dominant and servient tenement, whereby the benefit of the right must attach to a piece of land and not that of the individual.
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This essay will attempt to critically evaluate some of the legal and policy issues that led to the enactment of the Party Wall Act 1996 and whether it has been successful.
This is because it generally possesses an outline of regulatory objectives that it strives to uphold for the betterment of the general public. Therefore when a social or policy issue arises which necessitates change for the betterment of a situation as a whole, there will be proposals in the form of a bill to eventually become a 'Legislative Act'. This is in order to alleviate any social or socio-political problems that may arise. With this information in mind, one can better understand the reasons behind the proposal of the Party Wall Act 1996.
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In nowadays second test is the predominant one. Hence, if the item is physically annexed to the land it does not solve the problem any more. Yet the degree of annexation remains the important aspect. Accordingly to Scarman LJ in Berkley v Poulet2, if there is such a degree of physical annexation that an object cannot be removed without serious damage to, or some destruction, of the realty, then there is a strong case for the item to be classified as fixture. It is not clear whether the plasma screen was physically fixed to the land, and it is impossible to deduce it from the text.
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Now the ordinary rule of law is, that whoever has got the solumwhoever has got the siteis the owner of everything up to the sky and down to the centre of the earth (Corbett v Hill (1870) LR 9 EQ 671 at 673, per Sir William J
[by]...other adjoining tenements"6. Thus, in relation to the accuracy of the statement, one must appreciate the case is from the 19th century; during a time when technology had not progressed as much as it has today and accordingly airborne methods of transport had not yet been invented. This meant trespassing through the higher levels of airspace would not have been an issue and consequently, detailed legislation regarding the law of airspace may not have been considered necessary at the time.
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Would the abolishment of adverse possession in relation to both registered and unregistered land been far preferable to the enactment of the Land Registration Act.
Once an application is received the registered proprietor must be notified, and has 65 days to serve a counter-notice. If the counter-notice is not given to the applicant, then under paragraph 5 of Schedule 6, he is entitled to be registered as proprietor. If however the counter-notice is served, then the applicant can only be registered as proprietor if he satisfies one of three exceptions. The registered proprietor will have two years to evict the squatter. If an eviction has not occurred after the expiration of these two years, then the applicant can apply a second time, and will be successful with his application.
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Proprietary Estoppel - Asserting a right or preventing a fact? It will be submitted in this essay that the term estoppel is not misleading. Further, that proprietary estoppel can conform to its definition yet still have the ability to oper
'Estoppel' is derived from the Norman French estouper, 'to stop up'6. It is in the equitable law doctrine of promissory estoppel where the definition of the term 'estoppel' can be observed unswervingly. The doctrine applies when one party to a contract promises the other (by words or conduct) that he will not enforce his rights under the contract in whole or in part. Provided that the other party has acted in reliance on that promise, it will, though unsupported by consideration, bind the person making it: he will not be allowed subsequently to sue on the contract.
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Leasehold problem case. In 2005 Miranda sublet the premises for a term of 7 years to Albert, with Jons consent. In 2008 Miranda assigned the lease to Dave, without obtaining Jons consent. In 2009, unknown to Jon, Albert moved away and his
a dense population, so disputes about rights over land are likely. People's relationships to land depend on many factors and have a strong cultural element. Land law thus tells a student much about the society to which it applies. Land can be a financial asset, a home, something spiritual and incapable of individual ownership, or belong to the state or to a ruler, for example. In a market-based society, land must be freely tradable, but there must also be security for those who own it and those who have lesser rights in it, such as a right to walk across it.
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Explain and critically analyse the process under the Land Registration Act 2002 for: i) the first registration of registrable estates ii) the registration of interests created by registrable dispositions
Almost the same applies for the leaseholds as well. In this case though, the only difference being the appointment of a trustee. Also in case of leaseholds, one has to register in case he/she ceases to be a tenant and the time for which one wants to register does not matter. Moreover, one anyways ceases to be a tenant once one has registered.
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2 Yet, the Land Registration Act 2002 contains provisions that render the mirror principle, as applied to land registration, wanting. These provisions refer to proprietary rights that the law allows to exist unrecorded and which can only be known through actual ocular inspection of the land. These provisions are contained in ss. 11(4) (b), 12(4) (c), Schedule 1, s 29(1)-(2(a) (i-ii), and Schedule 3. In addition, there are other interests that are not required to be registered outside of the law that can override registration, 3 and all these can be lumped together as minor interests. 4 Section 11(4) (b)
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Under English law co-ownership must take place by way of trust, this being the trust of land. It is an equitable right which divides the legal ownership of property from equitable.
Prior to the 1925 reforms the legal relationship between individual co-owners could take several forms subsequently causing numerous problems. However since 1926, co-ownership is recognised ether by way of joint tenancy or a tenancy in common. These two forms regulate the sharing of ownership; however they essentially differentiate in the aspects of the nature of rights that are conferred on the owners.1 When land is subject to a joint tenancy, each owner is treated as being entitled to the whole of that land. There is only one formal title to it which is jointly owned and no single co-owner can claim a greater right over the land.
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Concept of proprietary estoppel - it could be said that the courts are restrictive when it comes to claiming for proprietary estoppel. However this approach has left the courts criticising each other cases as seen in Basham, Taylor and Gillett and leavin
The five legal interest are contained at Section (2) (a) to (e) of the LPA Act2 such as easements, landlords rights of re-entry and charge by way of mortgage. Anything other than that contained in S (1) of the LPA Act3 is an equitable interest. Land can be acquired both through a legal or an equitable right S.5224. There are basically two ways in which one can acquire an interest in Land, formally and informally. The formal way, which is govern by the Law of the Property Act 1925 and the Law of Property (Miscellaneous Provisions)
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The Land Registration Act 2002 heralds major changes to the law and procedures regarding adverse possession. To what extent do you feel that the traditional justification for adverse possession in English land law cannot be supported.
13 Spectrum Investment Co v Holmes  1 WLR 221 ... 7, 8 Trustees of Dundee Harbour v. Dougall (1852) 1 Macq. 321 ... 5 Introduction Adverse possession deals with what people refer to as 'squatters' rights'. The rule of adverse possession in registered land was previously governed by the Limitation Act 1980("LA 1980") and Land Registration Act 1925("LRA 1925") but after a major reform the present law is now contained in the Land Registration Act 2002("LRA 2002"). LA 1980 is applied to registered land by s.75 of LRA 1925. It works by barring the paper owner from recovering his land once 12 years adverse possession had been made out. Under the previous law, a squatter by adverse
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The inspection of the register should reveal the identity of the owner, the nature of his ownership, any limitations on his ownership, and any rights enjoyed by other persons over the land that are adverse to the owner. How accurately does this stat
It was recognised, however, that this mammoth task had to proceed in stages and that a set of transitional provisions was needed. Therefore, the Land Registration Act 1925 ("LRA 1925")1 inaugurated a fundamental change in the law in England and Wales. In conjunction with the Law of Property Act 1925 ("LPA 1925")2 and the Settled Land Act 19253, the LRA 1925 sought to simplify and codify. It aimed to bring certainty where there was obscurity and to bring equity where there was often inequality.
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The integration of e-conveyancing has been an on-going process of the past seven years, this paperless system has seen the introduction of electronic signatures in 2005, the trail of the chain 'Chain Matrix' in Bristol and other places9 and the introduction of the Land Registration (Electronic Conveyancing) Rules 2008. Many issues have been highlighted by the introduction of e-conveyancing10 (separate from the substantive changes) for example problems with security particularly with regards to 'Phishing'; as seen the Halifax Internet banking in 2004.11 Areas concerning computer literacy and training have also been highlighted, specifically with the financial struggle that could be faced by smaller solicitor firms when training and securing their networks.
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The right must also be capable of being exercised over a second piece of land, the "servient tenement". The holder of the right is enabled to use the servient tenement land in a particular way, as particularised in the specific right. A right of way, frequented by a neighbour, over the farmland of another, would be an obvious example. In the eyes of the law, the holder of the right has a proprietary right over the servient land, but a strictly limited right. The easement cannot extend to enable the right holder to take part of the land or its produce (for which one must look to the profit a prendre).
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Lease over 7 years is binding; however a lease under 7 years can still be protected as it is capable of being registered onto the register as a notice or restriction if the registrar is informed under the s.376. Overriding interest were first listed in the s70 (1)7, but the list is now provided by schedules 1- first registration and 3- disposition of already registered title of the 20028. Mr Hay can only claim to be free from notice if he made all reasonable enquiries.
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The first question will depend on whether the item is fixed to the land or resting on its own weight. In TSB v Botham 5 the COA placed significant importance on whether the items could easily be removed without causing damage to the fabric of the building. However Scarman LJ in Berkley v Poulett (1977)6 claimed that a degree of annexation which previously could be decisive may now prove nothing. The second question will depend on whether the item was put there for the permanent improvement of the property, or for the complete and better enjoyment of the item as a chattel.
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Tenancy case question. The problem faced by Linda is whether or not Terry, Tina and Dave are tenants. There has to be a tenancy in order for them to claim that right. Therefore a tenancy has to be created by a lease. Since Linda created a licence agree
The Law of Property Act (LPA) 1925, s.1 identifies that a lease can exist either as a 'legal' or 'equitable' interest, this will be further elaborated once it is established if any parties do actually have a lease. We can see from this that if Linda was to sell the house the purchaser will effectively be bound by Terry, Tina and Dave if the arrangements between them and Linda amounted to a lease. On the other hand if the arrangements were to amount to licenses only, then they cannot bind the new purchaser and will have to vacate the premises.
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The enactment of the Land Registration Act 2002 offers an opportunity for a fresh approach to land registration by the Courts. It is a very different Act from its predecessor. [C. Harpum, Registered Land: A law unto itself? Ra
The LRA 1925 was itself an experiment in title registration and prima facie the objective was relatively straightforward. It was envisaged that all land would be registered within thirty years however it was not until 1990 that land become subject to compulsory first registration of title.3 After seventy years The Law Commission was of the opinion that the LRA 1925 was both badly drafted and lacking in clarity with an obvious need for clear modern legislation.4 As a result
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However, it does not mean that by a title of an estate being registered, every transaction is recorded10. Hence, the clearest and obvious difference between both is the fact that for one, the title is registered whilst for the latter, it isn't.11 Is the statement in the question accurate? To provide an early hypothesis for the question, it isn't accurate but certainly not wholly inaccurate. To ensure the smooth transaction of land and protect the rights in land, United Kingdom's registered land are based on 3 principles; mirror, curtain and insurance.
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The jurist Tony Honorè highlights this in his example of inalienable rights. "Thus a person does not either "Own or "Have" his body or liberty. He has the right to bodily security or liberty"1 In terms of ownership therefore, the concept of property includes a body of inalienable and intransmissible rights, which hold the power to exclude or permit an individual function, such as the right to life, freedom and security as defined by many national constitutions. This area will be explored individually within the essay, but it plays a key role to mention it here, as a prime example of inalienable rights formed from ownership.
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This essay will focus on three areas. First, a brief consideration of equity will be presented. Next, an explanation of the nature and legal structure of a trust and a brief explanation of the historical development of trust and why the modern terminology
The administrative command had limited the flexibility of the development of the common law because without the availability of the new administrative command it would have been impossible then for the law to develop and meet different types of cases3. There was not enough remedies available for the plaintiff that he could use, the remedies were being limited especially for damages. It was because of this that equity was applied by the court of chancery. Although equity was being applied by the court of chancery the king was not able to issue out administrative command as it was removed.
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As a result, the Land Registry Act (1862) introduced an early system of Land Registration. However, the system did not prove to be workable and an entire new system was established by the Land Transfer Acts of 1875 and 18974. Although, it is true that the objectives of the Royal Commission have never been fully met by the Land Registration Act (1925), the Act (and subsequent Acts) do aim towards establishing a purposeful system for the regulation of transactions with land. The purpose of registration was to make the transfer of land simpler, quicker, cheaper and safer.
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