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University Degree: Land Law
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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.
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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  1 Ch 304.
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How to manage the implementation and what are the change management issue and potential implication for supply chain management focusing on customer and supplier management. Business case analysis * Introduction * Current situation * Core processes * High level information need for future 1. Feasibility study * Objective of ERP implementation * Cost benefit analysis 2. Implementation plan * Methodologies for managing EIS implementation 3. Change management issues * Change management issue focuses on BPR and EIS 4. Supply chain management * Why SCM is important?
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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.
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This however does not always happen, as you can see I used the word 'should' deliberately. The quote which is used in the question also asks us to consider registered and unregistered land, it would be helpful to explain the distinctions, other than the obvious ones before going head first into the doctrine of notice concerning both these systems. Unregistered land is clearly land where no title has been 'registered'. Unregistered land still has legal estates and interests binding over it, and all and any people who take ownership of this land will take the land subject to the legal interests which are attached to it.
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Tenancy Type. Mary owns a residential property in Putney, London. Five months ago she entered into a written agreement to let the whole of the property to Martin for a period of five years and Martin duly moved in. The agreement specifically stated, inte
all tenancies are ASTs unless it is specifically provided that the tenancy is assured in which case a notice has to be served at the time of entering the tenancy under Schedule 2A of the Housing Act 1988 (as amended)6. The date this law became effective was in relation to any tenancy created after 28 February 1997 So what is the practical difference? Quite frankly it is a fundamental difference but at the same time there is an overlap. Assured An Assured Tenancy effectively gives full security from being evicted in that the Court can only make an order to
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There must be exclusive possession, and this is the area that has caused most difficulty and there must be where necessary a compliance with any formalities. For example this refers to the fact certain leases must be by Deed and have Stamp Duty implications. I will examine these in a little more detail. (a) Fixed Commencement Date Essentially the lease or tenancy must commence on a date that is certain. It does not have to commence immediately but there must be some mechanism to establish that date.
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He also installed a litter bin. Pheidippides, the Regius Professor of Ancient Olympic Athletics in the University of Oxford, who lived some distance away, had for many years taken his morning run along a route which crossed Herbert's land. He too had protested when Herbert built his house and enclosed the land. Herbert told Pheidippides he could continue to run across the enclosed land whenever he wanted, taking whatever route he wanted, and he also covenanted with Pheidippides that he would not erect any more buildings on the land which might interfere with Pheidippides' running.
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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.
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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.
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Mackenzie & Phillips (2008 p199) state that, "Every lease, even the most informal, contains provisions which define the obligations of the landlord and tenant under the lease". Furthermore, Mackenzie & Phillips (2008, p212-3) point out that in respect of most leases (other than the shortest) detailed covenants will be contained in the lease, outlining the repairing obligation of the tenant and the landlord and such covenants will vary considerably according to the circumstances. For example, with a long lease of 99 years, a tenant would be expected to undertake all the necessary repairs to the building, including repairs of a structural nature.
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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."
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Within the relationship of landlord and tenant, the obligation of the tenant to pay the rent due under the lease is absolute(TM)
categories - assured shorthold tenancy agreed on or after 28 February 1997; assured tenancy issued before 28 February 1997 but after 15 January 1989; regulated (or 'protected') tenancy issued prior to 15 January 1989. The latter tenancy offers the most protection against rent increases or eviction. ( Private rent and tenancies (2008) ) Rentshield (2008) state that a commercial lease is a legally enforceable contract negotiated between a landlord and business tenant. The lease gives the tenant the right to use certain property for a business or commercial activity for a specified period of time, in exchange for rent.
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property over a long period of time then another has the right to take the property over and claim it for themselves (providing the other person has treated it as their property for a long period of time). Per Streatfield, j '...those who go to sleep upon their claims should not be assisted by the courts recovering their property, but another...'1 As a result of the Land Registration Act 2002 it is far more difficult for someone to dispossess an owner of their land.
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That did not apply where the true purpose was a sharing of value rather than occupation by any particular party. The distinction drawn in Barclay v Barclay was approved by the House of Lords in City of London Building Society v Flegg4 and is confirmed by section 12 Trusts of Land and Appointment of Trustees Act 1996 which provides that "A beneficiary who is beneficially entitled to an interest in possession in land subject to a trust of land is entitled by reason of his interest to occupy the land if at any time (a)
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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.'
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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.
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Hence I need to carefully plan my answers with relevant examples to the question being answered. 3. In part one, section B, part of my answer was not relevant to answering the question. Hence I will try to be careful that my answer is orientated to answering the question. In order to achieve this, it helps to read the question as many times as required during the course of the assignment and when reviewing or proofreading the work in case it needs editing to bring it in line with what it should be.
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In this case Lord Kingsdown set out the strict conditions for the existence of an estoppel stating that "if a man, under a verbal agreement with a landlord for a certain interest in land, or, what amounts to the same thing, under an expectation, created or encouraged by the landlord that he shall have a certain interest, takes possession of such land with the consent of the landlord, and upon the faith of such promise or expectation, with the knowledge of the landlord, and without objection by him, lays out money upon the land, a court of equity will compel
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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)
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Problems will not arise if there is an express trust made by the legal owner. In order for an express trust to be valid, it must satisfy Section 53(1) (b) Law of Property Act (LPA) 1925, whereby the declaration is 'manifested and proved by some writing'. The legal title of a family home will usually be transferred into their joint names by deed or transfer in accordance with Section 52 (1) LPA 1925. In addition, persons who are parties to the writing that establishes the trust cannot, thereafter, plead a resulting or constructive trust to establish different interest as seen in Goodman v Gallant6, with the exception of eg.
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Compare the English and Wales law on co-ownership on family home with the jurisdictions in Australia and Canada
Such a declaration will cease to be decisive only if one of the parties can secure rectification of the document setting out the equitable interests as in Thames Guarantee Ltd. v Campbell;4 or if it has been procured by fraud or some other vitiating factor such as undue influence. However, there is an imperative exemption to the requirement of writing sheltered under s.53(2) LPA 1925: a person who is not a party to any valid express declaration of trust may establish a beneficial interest in the property by proving a resulting or constructive trust.
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The need for amendment to the Commons Registration Act 1965 was noted in the New Windsor Corp.2 by Lord Denning M.R., stating that the legislation was incomplete and that at its conception the government intentionally left the class 'c' definition open with the expectation that later legislation would resolve any ambiguities. Type 'c' village greens are outlined in the original legislation under s. 22 of CRA 1965 as: "land which has been allotted by or under any Act for the exercise or recreation of the inhabitants of any locality or on which the inhabitants of any locality have a customary
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TLATA altered the rights of The Wolfenden Report shifted perceptions about the role of the law in enforcing morality.'
Whilst the act followed the recommendation4 to completely abolish strict settlements and trust for sale, its approach seemed somewhat laid back. It abolished strict settlement5 but many aspects of the trust for sale have been retained in the trust of land. Furthermore it has preserved the doctrine of overreaching6, thus in a dispute, the beneficiaries rights to occupation could still be superseded by a right to sell7. The right to dispose ensures that the trustee will only give or leave legal estate subject to the rights of the beneficiary.
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What are the rights that undivided owners enjoy and how has the enactment of the Trusts of Land and Appointment of Trustees Act 1996 affected those rights?
However unless a conveyance in tenancy in common is devised from the start or an expressed right has been made, it will be difficult to determine to whom the equitable property should vest. But there is much caselaw to indicating that a court may still give rights to those presumed to be beneficially entitled. 5 Under a constructive trust, it is acknowledged that any interests in the land are based on the parties' mutual expectations and dealings.6Burgess V Rawley, Greenfield v Greenfield The resulting trust is the presumed equitable entitlement, which may be based on the amount contributed, in which case tenants will be entitled to that share of land.
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