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 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 agreement between Terry and Tina we need to look more closely at the arrangement in order to ascertain if they have any rights. Even though Linda initially set up a licence agreement with Terry and Tina we need to consider the fact that it is indeed a licence and not a lease. Dave on the other hand is also claiming to be a tenant and the agreement between Linda and Dave is not specified, we can still determine his status by looking at his position within the house. Consideration of whether or not they have a licence or lease is the main issue here. A lease can be said to be a proprietary right (an interest in land), where it allows a person to use the land for a period of time without essentially owning it. Whereas a licence is only a personal arrangement between two parties, a licensee has the owner's permission to be on land. 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,
Registration of land
Land registration isn't a new concept, its dates as early as the mid 19th century1. The first statute to govern land registration was Land Registration Act 1862. 2 Due to the lack of technological services, it led to the downfall of the first land registry3 mainly due to the fact that it was not compulsory to register. Furthermore, any further transactions were also not recorded. The second statute, Land Transfer Act 1875 created to govern land registration implemented several steps to improve the older one but yet, it failed leaving land registration on a breaking point. 1925 was the point where land registration took a giant leap with the implementation of 2 new legislation; Land Registration Act 1925 and Law of Property Act 1925. In 1950 it was said that the office had registered over one million titles and by 19634, about 2 million5. However, registered land was still not open to the public. However, the availability of latest technology led to an electronically based system6 which could provide registered land titles for the viewing of the public. In 2002, a new piece of legislation emphasizing on electronic conveyancing which is the Land Registration Act 2002 was created. Its aim is to have all marketable and transferable property in England and Wales to be registered by 20127. It replaced the old statute immediately but still applying the fundamental principles. The
Reflective commentry on Group Work
Nabeel mushtaq, Group A, MBA, International management individual report EXECTIVE SUMMARY Burberry has been gradually enhancing its international presence. Burberry has a reputation for innovation and quality. Their goals being, share data, information and knowledge through out the group of companies world-wide and improve the way they manage them in both their head quarters and subsidiaries, recently considered the procurement of ERP software in obtaining sustainable competitive advantage. Organization design is an overall pattern of structure components and configurations used to manage the total organization. Most appropriate design of an organization depends on several factors. Firm size, strategy, technology, environment, culture, degree of internationalization, product knowledge dependability, area knowledge dependability, need for efficiency, cost coordination, control, need for autonomy, need for cost group learning, local need, customer needs, needs of agility, corporate goal. Key sensitising issues are considered as • Current data, information and knowledge management • Core processes and high level information needs • Feasibility of implementing an Enterprise system • Methodologies in implementing an ERP system • Change management issues focusing on Business Process Reengineering and EIS implementation. • Potential implications of supply
Overreaching, Land Law
'The doctrine of notice now plays a much smaller role in relation to unregistered land than it did before 1925. In registered land, it plays no part at all - not even with regard to the rights of those in actual occupation' In critically analysing the above statement, it would be best to understand what the doctrine of notice is, and how and why it came about and where it originates from. In addition to this looking at the implications it had on unregistered land pre 1925 and post 1925, and look at the effect it has on registered land, if it has any effect at all. The doctrine of notice can be understood in a simpler way when each word is looked at separately, 'doctrine' is commonly referred to as a body of inter related rules .'notice' if you have notice of something, you are aware that something exists. The basic principle behind the doctrine of notice is that if there is a piece of land held subject to a trust, if the trustees then decide to sell the property , the purchaser will take the land subject to the beneficiaries equitable interests. An 'equitable interest' is 'interest held by virtue of an equitable title or claimed on equitable grounds, such as the interest held by a trust beneficiary'1. Equitable interest is a right that if harmed can be dealt with by an equitable remedy (there are many remedies for equity). In layman's terms the 'doctrine of notice' is a
Land Registration Act 2002
The Law Commission described the Land Registration Act (LRA) 2002 as a '...unprecedented conveyancing revolution.'1 It is the result of years of consultation and evaluation between the Land Registry and the Law Commission, the Bill was a work of such clarity and principle it was virtually un-amended by Parliament.2 Although depicted as a work of monumental importance and effort 3 and has been described as evolution rather than revolution.4 In order to establish how dramatic the changes brought by the LRA 2002, the changes themselves need to be examined, along with a comparison with the LRA 1925 and an examination of the scope given to the Courts. Despite the various academic and judicial criticisms of the LRA 19255 this was not the initial reason for the change; the fundamental objective was that 'under the system of electronic dealing with land... the register should be a complete and accurate reflection of the state of the title of the land at any given time.'6 In order to make way for e-conveyancing the substantive law contained in the 1925 Act needed to be bought up to date and expressed in clear language.7 Much of the 2002 Act was designed to support e-conveyancing;8 it was part of the Land Registry's vision to speed up the processes in dealing with land. The integration of e-conveyancing has been an on-going process of the past seven years, this paperless system has
Advise Simon as to the enforceability of the covenants.
Matthew was the owner of a large parcel of registered land and in 2000 he decided to divide it into 2 plots, Plot A and Plot B. He retained Plot A for himself and sold Plot B to John, who covenanted to (i) use Plot B for residential purposes, and (ii) ensure that the dividing wall remains in good condition. In 2004, Matthew sold Plot A to Simon. The conveyance to Simon expressly assigned the benefit of all covenants to him. Last year, John sold Plot B to Paul and Paul covenanted to indemnify John for any breaches of covenants. Since then, Paul has neglected the dividing wall claiming that he was not responsible for its upkeep. Simon has just found out that Paul is about to start a business selling car parts in Plot B. Advise Simon as to the enforceability of the covenants. The principal concern of this question is with covenants made between freeholders and the circumstances in which successors in title to the original parties can enforce these covenants set out. Firstly we know this is a freehold covenant because we are told in 2000 Matthew divides his registered land into 2 and sells Plot B to John thus making the covenants put forward, freehold 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
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
Question Evaluate: "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." -Martin Dixon (6th Edition) at page 38 How accurately does this statement reflect English land law today? Answer Land is elemental: it is where life begins and it is where life ends. Land provides the physical substratum for all human activity; it is the essential base of all social and commercial interaction. The significance of land in human affairs is therefore incalculable, although it is only in an era of global environmental threat that we slowly begin to realise how fragile and irreplaceable is the rich resource on which we so utterly depend. As one English law lord recognised, "[in] the case of real property, there is a defined and limited supply of the commodity". ~Gray & Gray, Elements of Land Law (3rd Edition, 2000) Butterworths Before the 1925 property legislation, the mechanics of conveyancing were mired by formalism and plagued with danger even for the most conscientious purchaser. On one hand, purchasers of land were faced with numerous difficulties when trying to ascertain whether any other person has rights or interests in that land. The reliance on title deeds to prove ownership of land was both cumbersome and, for
Property law: Land Law.
PROPERTY LAW: LAND LAW Property law: Land Law Assignment 2 PART 1 a. The 2 forms of estate that can exist at law are Freehold and Leasehold. The clause 'term of years absolute' makes reference to the latter, in particular the nature of the lease and is made explicit in LPA 1925 s.1. The 'term of years' refers to the length of the lease. This can be of any duration of time, from periods of less than a year, to a year certain, a fraction of a year, more than a year and from year to year. The phrase 'absolute' indicates that the lease may be executed now to grant a term beginning upto 21 years in the future. In other words, the lease can be drawn up and agreed and executed well before it begins to take effect. b. All the properties are freehold and have been let on fixed term tenancies. i) a self-contained flat let on a weekly tenancy In this instance, the contract between the landlord and tenant is a short-term agreement of under 3 years and would therefore normally be in the form of a 'tenancy agreement'. This form of agreement is a document that is not in the form of a deed as defined in s.54 (2) 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
'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
Name: Divya Basanta Lala Class Group 6 2003 Exam Paper Question 6B '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, with reference to S70(1)(g) of the Land Registration Act 1925 (now Schedule 1, para 2, Schedule 3, para 2 of the Land Registration Act 2002) Introduction The Land Registration Act (LRA) 1925 was one of the main statutes born from the 1925 code of legislation. The main purpose of the 1925 legislation was to make land more freely alienable and to reduce the onerous task of a purchaser in investigating title, whilst at the same time affording protection to the owners of equitable interests in the land. The main problem in land law is to achieve a balance between the interests of a purchaser (which includes a lesser and a mortgagee) on the one hand, and those who hold an equitable interest in the land on the other hand. 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
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
Property Law Equity is a body of law that remedies which develop historically through the courts of chancery. Prior to the judicature act 1873 and 1875 during which there was two parallel systems of law operating in England each upholding and applying its own distinction rights. The common law courts applied the common law and the courts of chancery applied equity. In order to more specifically examine and reference to the historical development of trust. 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 prefer trust rather than use , will be given. Finally, an illustration of the use of trusts in modern property law will be focused on. In 1234 a common law court was designed, this court was called the court of common pleas1. During this period before a case can be heard in the court the plaintiff had to seek a royal administrative command [writs] which was issued by the king authorising commencement of the proceedings in the court of chancery2. New commands had to be developed to meet the plaintiff's case, the provisions had prevented the issuing of new command without the permission of the kings council which had the effect of closing the range of command available. The