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University Degree: Land Law
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The principles upon which property law is based are the rights, interests and duties which can exist in land and how those rights and interests can be created, enforced and terminated. 1. In order to successfully advise Horace, it is imperative to firstly identify the classifications of property and how they work. Property is something that can be subject to possession and is classified as either realty or personalty, the reason for this being "to differentiate between what the law considers to be land and other forms of property"1.
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Determining exactly what one's interests in real property are however, is more difficult than at first it might seem, and therefore an understanding of precisely how equitable interests are formulated, listed, charged and notified is essential. Finally, a passing acquaintance with where the law is likely to go in the future with hints at bills and up-and-coming statutes will help in our overall understanding of the issue. Argument The German philosopher, George Wilhelm Friedrich Hegel (1770-1831) once famously said: "The only thing we learn from history is that we never learn from history"1.
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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  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.
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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.
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To this end, LRA 1925, s.70(1)(g) protects an interest in land where its owner is in actual occupation on the land. The open-ended nature of this provision has not unexpectedly been the subject of extensive litigation. Although the Law Commission initially felt compelled to recommend the abolition of all overriding interests, the sentiment was that in order to protect occupiers who cannot reasonably be expected to protect their rights through registration, this sub-category and its accompanying controversy should be retained . Lord Denning's justification was to protect occupiers from "having their rights lost in the welter of registration" .
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Advise Laertes as to his position against Ophelia, Gertrude and Polonius. How, if at all, would your advice differ if the land were unregistered? ANSWER When a third party purchases a legal estate in land a fundamental question arises from the very nature of English property law; because of the potential multiple and diverse rights attached to the estate what does and does not bind this third party? The answer will depend on the nature of the right - legal or equitable, as well as on the nature of the land - registered or unregistered.
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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.
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D = SUCESSOR IN TITLE TO ORGINAL COVENANTOR= Kenneth buys from Justin takes assignment. Dominant tenement = Brantville Estate Servient tenement = Plot X Kenneth is in breach of covenants 1, 2 and 3. No contractual relationship exists between Colin and Kenneth. Privity of contract exists between Alan and Justin (the original parties), allowing Alan to sue Justin in contract if the covenants are breached. There are different rules relating to positive and negative covenants, when deciding which category a covenant falls within we look at the effect of the covenant and not the wording: 1) Half annual maintenance cost of 'private' road = Positive covenant (oblige you to do an action, pay money)
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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.
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of the LPA 1925. If the termination of tenancy is required, then, at the very least, the tenant has certain protection under common law and under statute. In the former case, a Notice to Quit must be served that is in length equivalent to at least the complete period of tenancy (i.e. 1 week). The latter case, under statute, is the Protection from Eviction Act 1977 that affords protection to tenants in a residential occupation whereby at least four weeks' notice to quit must be served on the tenant; and preferably should be a written notice with statutory information.
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The Government has suggested that tenants will get a better deal under the new rents system. However it is the case that many tenants associations country wide are reportedly up in arms! This debate is particularly new. RR only began in April 2002. Much of the comment has proved to be particularly subjective. In this paper one will try to read between the lines and attempt to present as balanced an argument as possible. As mentioned, the intensions of the Government to implement rent reforms were first documented in the April 2000 Green paper.
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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.
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To establish whether, at common law, the benefits of the covenants 'run-with' or have 'become attached to' the land there are four conditions that must be satisfied.
Covenant two, a restrictive covenant, requires that the servient tenant does not cause a nuisance by hanging clothes out to dry on a washing line. Whilst it is noted that not having to view your neighbours washing, may, in some 'small' way improve the dominant tenant's occupation, it is highly unlikely that a court would determine that there was any benefit given by this covenant. Nevertheless, whilst the remotest of chances exists, it would be prudent to consider the implications of a court finding some benefit.
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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.
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the purchase price.4 This is further re-inforced as the contribution was made for acquisition not repairing of property,5 and as they moved into the property together on 2nd February 1996, there was a common intention for joint ownership.6 Augusta's financial contribution were not simply used in running of the household,7 but actually enabled Wilson to purchase the property, giving rise to her direct interest in the property. Consequently, despite Augusta having contributed less to the purchase price, the conduct of the two persons and their true intentions means that her share can be expanded into a larger, perhaps fifty percent,
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The owner of a freehold title of real estate enjoys the most superior form of private property ownership.
The rights that others enjoy over privately owned property are known as easements. A further form of title restriction is the covenant. A covenant may be an obligation to do something such as an obligation to keep the buildings on the land in a good state of repair or an obligation to make a financial contribution to some shared facility such as a car park or private road. Alternatively, a covenant may take the form of a prohibition such as a prohibition against using the land for commercial purposes or a prohibition against further building on the land.
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The statutory rules are found in the Limitation Act 1980. The legislation says that no action can be brought by a landowner to recover his land after the expiration of twelve years from the date on which the right of action accrued to him, or from the date on which the right accrued to some person through whom he claims.4 The right of action is seen as having accrued once a landowner has been dispossessed of his land or has discontinued use of it and the land is in the adverse possession of some other in whose favour the period
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Although the LRA 2002 has been re- vamped and appears to seek to provide a more 21st century approach to land registration. The fundamental question, is how the law should strike a balance between the interests of third parties and the interests of the purchasers of the land involved? Before the 1925 legislation came into force, the basic rules of land registration were governed by the pre- 1925 rules. A buyer of a legal interest was bound by all pre- existing legal and equitable interests.2 Prior to the 1925 reforms equitable interests were governed by the doctrine of notice3.
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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
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').
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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?
As a matter of fact, trusts based on the intention of the parties to create a trust of from the conduct of the parties. There are two types of trusts: the express trusts and the implied trusts. The later category is subdivided into two categories, between the resulting and constructive trusts. The express trust is created when there is direct intention to create a trust while the implied trust when the intention is presumed but unexpressed, based on direct contribution such as money contributions made in the context of a purchase land that is, resulting trust or indirect ones related with expressly or implicitly bargained commitments respecting equitable entitlement that is, constructive trusts (4).
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Since this could clearly lead to injustice, equity was prepared in certain circumstances to treat the purchaser as having knowledge which he did not in fact have. [FN10] In order to satisfy the courts of equity, the purchaser was expected to inspect both the land itself and the documents of title to a standard of enquiry set by the courts, and that standard could be very high. In Jackson v. Rowe, [FN11] for example a purchaser purporting to buy the fee simple from a mere life tenant was fixed with notice of the reversioner's interest, despite the fact that the purchaser had been deliberately misled.
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Pilcher v Rawlins (1982) established, a purchaser could be interrogated to any extent as to the consideration which was given and also the presence or absence of notice. It is easy to see why a purchaser was often uncertain of their position when buying land, and the 1925 Legislation aimed to rectify this. One of the obvious benefits of the principle of the Law of Property Act 1925 was to reduce the number of legal estates and interests. It didn't affect the number of equitable rights, it just meant a lot of the previously legal estates and interests could now only exist as equitable interests.
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The couple in question purchased and moved into the house in 1990. If we assume that this property was and has been their permanent place of residence since the time of purchase then 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 for possession after 10 years at which point the current true owners would be notified of the intentions of the possessions and be given the chance to act accordingly.
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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.
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
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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.
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