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University Degree: Land Law

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  • Marked by Teachers essays 2
  1. Marked by a teacher

    fixtures and chattels-problem questio

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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.

    • Word count: 1906
  2. Land Registration Act 2002

    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.

    • Word count: 1333
  3. Property Law

    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.

    • Word count: 1619
  4. Property is not What it Seems

    The jurist Tony Honor´┐Ż 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.

    • Word count: 1274
  5. Landlord and Tenant covenant not to assign

    Assignment is when the tenant will sell his lease to the new tenant along with all his obligations. Subletting on the other hand is when the tenant will a new tenant but still be obliged under his obligations. Clearly doing so will have implications for the landlord whom Covenants restricting assignment and subletting are covenants by the tenant (also known as covenants 'restricting alienation') and are commonly included in leases so that the landlord can keep control over what happens to the property. Th ell will be very worried ifit appears that the assignee cannit afford the rent.

    • Word count: 1109
  6. Registered land principles

    21 ChD 9. 4 Since Axel went into possession and presumably began paying rent at the beginning of March, then he may also be able to claim that he has an implied periodic tenancy. Such a tenancy would be legal and run for the periods by which the rent has been calculated. Thus, if Axel pays rent calculated as an annual sum he will have a yearly tenancy, even if he actually pays on a monthly or quarterly basis; Ladies Hosiery & Underwear Ltd v Parker [1930] 1 Ch 304.

    • Word count: 1502
  7. The effects of registered title and covenants. Problem Question.

    She felt too embarrassed to ask about this in case the pair had recently split up. In fact the reasons were that the deal was being done without the knowledge of Becky, the visit and completion actually took place when Becky was on a fortnight break with her Mother, and Allan had hidden all traces of their relationship in a locked cupboard. Davina planned to open a pet shop. Allan, though, had inserted a promise in the conveyance that Davina would give effect to the covenant with William. Davina accepted this at the time to make sure Allan sold the shop to her, but she never had any intention to respect this part of the deal.

    • Word count: 1891
  8. The Impact of the Land Registration Act 2002 on Adverse Possession

    The basic laws were that anybody who takes exclusive possession over land acquires title to it and in doing so gains a right to possession better than that of anybody else's apart from the original, true owner of that land. This happens simply by taking physical exclusionary control and the right is acquired immediately. When this occurs, time starts running against the true owner to act. A number of options are open to the true owner: he could claim his land back by bringing an action for possession or he could negotiate and enter into a contract with the squatter, who would then become a tenant or a licensee.

    • Word count: 1492
  9. fixtures and fittings p/q

    If this is the case then both parties are entitled to whatever was agreed to in the form. However, it will assumed that no form was completed as there appears be an oral agreement (which only creates moral obligation's but not legal ones). Furthermore no specific provision is mentioned in a contract. Therefore, in deciding if a certain item is either a fixture or a fitting two tests will be applied along side the common law. These two tests are referred to as the degree of annexation test and the purpose of annexation test.

    • Word count: 1620
  10. Land Law

    In this particular case, the Portsea Football Club is under a lien mortgage. A lien may arise at common law, in equity or under certain statutes. A common law lien is the right to retain possession of the property of another until a debt is paid, as stated by Oakley (2002 p.492). As noted in Clarke & Greer (2008 p384), the Law of Property Act states, "A mortgage of an estate in fee simple shall only be capable of being effected at law either by a demise for a term of years absolute, subject to a provision for cessor or on redemption or by a charge by deed expressed to be by way of legal mortgage."

    • Word count: 1897
  11. John was the registered owner of two semi-detached houses, numbers 21 and 23 London Road. Number 21 had a garage attached, but number 23 did not. At the back of each of the houses there was a long garden. John occupied number 21himself and in 2000 he gran

    An easement is a right benefiting one piece of land (known as the dominant tenement) that permits the rightful users of that land to perform specified actions over an adjacent piece of land (known as the servient tenement). Easements are legal interests under s1 (2) (a) of the Law of Property Act 1925 (LPA 1925)1. A profit a prendre is has similarities to an easement, firstly they are both incorporeal heriditaments, rights attached to property and which are inheritable with acquisition of land, a profit differs however from an easement in that a profit a prendre entitles the holder of said servitude to take 'take something off the land'2 Normally but not necessarily for some commercial gain as shown in the case known as the 'Timbergetters of Pennant Hills.'

    • Word count: 1852
  12. Advise Simon as to the enforceability of the covenants.

    Covenants can be seen as private control of land use. This involves landowners seeking to regulate how land is used within a particular area. The arrangements parties make take the form of covenants and these covenants may affect not only the parties who make them but can also affect successors in title. The person who makes the covenant is known as the covenantor and the person who obtains the benefit of that covenant is termed the covenantee. From the information given to us we can clearly see that John is the original covenantor and Matthew is the original covenantee.

    • Word count: 1535
  13. Business Tenancies

    The fact that the term exceeds 6 months means she is not exempt from protection as required in S43(3) LTA, 1953. However, the absence of Robin's consent to the business may lead to her exemption from the protection of LTA 1954, Part II. I will examine the other criteria set out by the act in S23 before looking at whether consent is required. They are as follows: (1) the act is applicable to tenants who occupy the premises where the business is carried out; (2) the term business includes "a trade profession or employment and includes any activity carried on by a body of persons, whether corporate or unincorporated"; that (3)

    • Word count: 1937
  14. Difference between lease and a licence

    be a tenancy; the term looked as if it denied exclusive possession to the couple but it was a sham, inserted in the agreement merely in order to avoid giving Rent Act protection to the occupants, and it had no effect. However in Westminster City Council v. Clarke [1992] 5Lord Templeman held that were there was no exclusive possession here because of the purpose of this agreement: a term that the occupant could be moved at any time to another room was not a sham because the council needed it in order to fulfill its statutory duty to vulnerable people.

    • Word count: 1856
  15. Land law

    S2 (1) " states that the Act applies to a landlord covenant or a tenant covenant of a tenancy, and whether the covenant is express, implied or imposed by law."2 From this we can see that it is likely that the agreement between Tasnim and Romesh giving her an option to buy the freehold may suffice in being a covenant. Section 6 of the Act allows landlords to be released from the covenants of the previous landlord. "To obtain a release, he must within 4 weeks of the assignment, serve a notice on the tenant informing him of the assignment and seeking a release form the covenants.

    • Word count: 1953
  16. The term adverse possession often paints a hostile picture of squatters occupying land that is not t

    In the scenario Tom has himself been in possession of the land by means of dispossession for the 12 years needed for unregistered land. However, if Lanchester Developers had threatened legal action earlier and Tom was to rely on Christine's occupation of the land his claim for adverse possession would not be successful. This is due to the fact that the use of land for storage does not amount to adverse possession3. Although the time limit with regards to adverse possession is set out by the Limitation Act, it is within common law that further requirements for adverse possession are established.

    • Word count: 1246
  17. Land law - Freehold Covenants.

    According to these guidelines it is fair to assume that the restrictive covenant in question does affect the value, nature and the way the land will be used since it will only allow for a certain amount of buildings to be erected and a definite level of income to be gained from it, as well as maintaining a certain quality of life for the people who are going to reside on it in the future. Thirdly, according to Whitgift Homes Ltd.

    • Word count: 1806
  18. The Land Registration Act was first enacted in 1925.

    The 'Disapplication of Periods of Limitation' is the first section contained within Part 9. Where there is a mortgagee, they will be entitled to the land if, after 12 years the mortgagor decides to take away the property and has made no effort during the limitation period to ensure payments were made on the account. Once a claim to land has been made, the Land Registry is obliged to give notice to the registered owner of the land and any lender whose interest is noted in the title. However the new Act will ensure that after the tenth year anyone on the charges register will be notified of the new intention and will take the appropriate steps.

    • Word count: 1501
  19. Legal Aspects of Property Development

    The tenant remains liable for all the covenants in the lease for the entire term of the lease they signed. For example if a tenant entered in to a 30 year lease and assigned it after the 3rd year, they remain liable for the 27 years left on the lease, even if the assignee assigns the lease again, so you can end up with a lease that has been assigned 10 times and the original tenant remains liable for all of the assignees even though they only assigned the lease once.

    • Word count: 1576
  20. '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

    The LRA 1925 brought a totally new 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, a good starting point is to give a brief description of how land was dealt with before this 1925 legislation and from there try to establish whether LRA 1925 reproduces this doctrine. Pre-1925 situation Before 1925, the processes involved in purchase of land were quite complicated. The basic principle at that time was that a purchaser of land was always bound by legal estates and interests in land (rights 'in rem').

    • Word count: 1256
  21. 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.

    It prevents what otherwise would be a tort 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 both revocability and assignability. The distinction between a lease and a licence - however elusive - is a vital determinant of several legal issues. Lease - licence distinction derives an immediate significance from the fact that a lease normally confers a proprietary estate in land but never a licence.2 Only a tenant

    • Word count: 1113
  22. Laws in relation to residential occupation.

    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 Abbeyfield (Harpenden) Society ltd v Woods (1968)5, the occupier of a room in an old people's home was held to be a licensee despite the fact that he had exclusive possession of his room. Lord Denning decided he was a licensee on the basis that the whole agreement was 'personal in nature', not on the grounds that the occupier didn't have exclusive possession.

    • Word count: 1181
  23. "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.

    Finally, the arguments for and against the new scheme will be discussed to show that seeking to marginalise adverse possession is "a good thing." For a claim to succeed in favour of the defendant there must be both absence of possession by the plaintiff and adverse possession by the defendant. In order for possession to be adverse there must be dispossession, the owner has been driven out of possession by another, or there must be discontinuance, the owner has abandoned possession.

    • Word count: 1624
  24. Do changes to the adverse possession rules in the Land Registration Act 2002 reflect changes in the concept of title?

    I will be making a comparison to this throughout this essay, as I believe it holds practical importance. The acquisition of title has changed dramatically via the introduction of the Land Registration Act 2002, I will in the essay explain the changes made to adverse possession and the impact each change has on the concept of title. Squatting is not a criminal offence it is a civil matter. Landowner use civil law to remove squatters from their property and they must do so by bringing an action through civil courts, to recover their land. Those who bring action have the backing of the law as long as they have good evidence to show that they have title to the land.

    • Word count: 1814
  25. The system of land charges registration is a step in the wrong direction for land law reform in England and Wales. It would have been much better if we simply kept the doctrine of notice instead. Discuss and critically analyse the issues highlighted by this statement.

    Therefore, this led to a corresponding number of equitable interests. Under the DN, to prove whether or not a buyer would be bound by previous equitable interests over the land would be entirely dependent upon whether he was a bona fide purchaser of a legal estate without notice. The introduction of the land charges register changed this by allowing a simple search of the land charges register to show any potential buyers which third party interests were held over the property in question.

    • Word count: 1968

Conclusion analysis

Good conclusions usually refer back to the question or title and address it directly - for example by using key words from the title.
How well do you think these conclusions address the title or question? Answering these questions should help you find out.

  1. Do they use key words from the title or question?
  2. Do they answer the question directly?
  3. Can you work out the question or title just by reading the conclusion?
  • '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

    "Conclusion Thus, from a modern stance, the basic problem with occupation-based overriding interests is that to require purchasers to go beyond what appears on the register and this defeat the purpose with which the LRA 1925 was introduced. Those writing the LRA wished to create a fool-proof system of conveyancing in the mirror principle which states that all interest should be perfectly reflected in the register and any reference to actual occupation is anomalous. However, it can be also be argued that the provision in s70(1)(g) specifically providing for overriding interests except where enquiry is made and those interests are not disclosed never intended to alter the practice of physical inspection. This loophole was left mainly to protect innocent parties who have equitable interests but failed to register them. This form of notice offers a fair and just solution to those parties. (1100 words)"

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