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University Degree: Land Law

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  1. Response to Stimulus Test, The law and society, renting and buying a dwelling.

    At the start of any lease agreement three documents must be arranged and supplied to the tenant by the property owner. These consist of the Lease Agreement, Condition report and Information Statement. In your letter to me you said that only the condition report was given to you and no other documents. The property owner can get a fine for this, as this is also breaking the rules stated in the RTA. The condition report should also not be taken lightly, often if future 'natural' problems in the house require attending to by the property owner, you can prove that they were originally in the property by the condition report.

    • Word count: 946
  2. "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
  3. The freehold estates

    tenure of potentially unlimited duration, the amplest estate which a tenant can have in or over land. The fee simple confers 'the widest powers of enjoyment in respect of all the advantages to be derived from the land itself and from anything found on it' (Wik Peoples v Queensland (1996) per Gummow J), and constitutes effectively the 'local equivalent of full ownership' (ibid, per Kirby J). The tenant of an unencumbered estate in fee simple has, without question, the largest possible 'bundle of rights' exercisable with respect to land (Minister of State for the Army v Dalziel (1944)

    • Word count: 917
  4. Land law problem question - access

    This would appear to require the transferee to inspect the trust instrument to check whether the trustees have the power to transfer title.[8] 3. The insurance principle. The title is guaranteed by the state and is indefeasible without compensation. However, the insurance premium is probably the most expensive in the world with only an extremely tiny proportion of the fees received being paid back out in compensation.[9] Back to the question, since there have 4 parties claiming their rights respectively.

    • Word count: 4892
  5. Land Law Case. In advising Mary, it must be noted what rights she has over the adjacent land brought by George.

    In the case of ?Re Aldred? (1610) it said that the right to having a good view did not represent an easement. This suggests that the acquirement of easements would not be found to be unclear as this would warrant against the creation of miscellaneous definitions. It can however be argued that the final condition in the ?Re Ellenborough Park? case will allow for some judicial discretion as well as flexibility within the system. In the case of ?Re Ellenborough Park? the rules merely acted as a guide, however a judge may frequently decide to recognise the easement that is centred onto the property and its needs, its circumstances regarding the case and the behaviour of the parties.

    • Word count: 3295
  6. 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
  7. The Requirement for formalities detracts from the autonomy of the land owner in dealing with his or her property. Discuss

    Formalities in the legal sense can be seen as a requirement as oppose to mere habits of conventions. It is a matter of substance and must be put on a particular form in order for it to have a legal effect1. Formalities gives the land owner some sort of autonomy of its own as they can do whatever they intend to do with the land. For example once a freeholder goes through the appropriate formalities to get a deed2, they can then decide to rent out a lease from this, carving out estates of their own and selling them to raise capital.

    • Word count: 583
  8. 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
  9. Following the decision in Stack v Dowden1, the law concerning co-ownership and the parties presumptive corresponding shares of the property in both sole and joint ownership cases has undergone a substantial transfiguration

    Any such declaration must be manifested in writing[5], and where the title is to be held jointly the trust should be executed on the necessary TR1 or FR1 land registration forms, stating whether they are to be joint tenants or tenants in common[6]. A joint tenancy manifests that the co-owners hold the property concurrently[7] and upon death of a co-owner, their interest does not pass under the usual laws of succession, but instead, passes to the surviving joint tenant under the doctrine of jus accrescendi (right of survivorship).

    • Word count: 2443

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