Laws in relation to residential occupation.
In many cases, as in Street v Mountford1, none of the exceptions considered above apply, in which case reference to the first step in the analysis will decide whether the occupier has a lease or a licence; whether there is a grant of exclusive possession to the occupier. If there is no grant of exclusive possession, the occupier's claim to be a tenant will fall at the first hurdle.2 In determining whether exclusive possession had been granted the decisive consideration is the degree of control over the premises and their use, which is retained by the owner. Another further important instance of residential occupation, which coexists with exclusive possession vested in, another is; even if a residential occupier enjoys rights of exclusive occupation for a term, he may still be excluded from the status of tenant if he falls into the category of a lodger. An occupier is a mere 'lodger' "if the owner of premises provides attendance or service which require the landlord or his servants to exercise unrestricted access to and use of the premises". 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
This problem question deals with the law of adverse possession of land.
This problem question deals with the law of adverse possession of land. In order to advise Jason as to his position, the principles that govern this area of law must first be identified. Once identified, these rules can be applied to the specific situation at hand. The idea behind adverse possession is that of title by long possession. It is an accepted commentary that 'certainty of title to land is a social need and occupation of land which has long been unchallenged should not be disturbed'.1 Under the rules of property law a person who takes possession of land immediately assumes property rights over all but those persons who, like the landowner can assert a better title.2 The law of adverse possession makes it possible for this person to become the legal owner of the land through mere lapse of time by extinguishing the title of the paper owner if he does not take action to recover his land within a given time period. The policy behind this rule is that 'those who go to sleep upon their claims should not be assisted by the courts in recovering their property'.3 Before there can be a successful claim of adverse possession certain statutory and common law requirements must be fulfilled. 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
Property Law - Problem Question
Isabelle Richard Property Law Problem Question PROBLEM Hamlet is the owner of the registered fee simple estate in Elsinore. Last year he granted (i) A yearly tenancy of one part of the land orally to Ophelia; (ii) A ten year lease of another part in writing (signed by both parties) to Gertrude; (iii) A right of way over a third part by deed to Polonius until Polonius sells his adjoining property. Hamlet this year sold his fee simple estate to Laertes, who became registered as proprietor. Prior to becoming registered, Laertes inspected the entire land carefully. However, Laertes had no notice of Ophelia, who was not occupying her part of Elsinore at all. Nor did he know about Gertrude's lease, because, although her goods and other effects were there, she herself was abroad on a two year 'holiday of a lifetime' world cruise. When Laertes saw Gertrude's goods, he asked Hamlet whose they were, and Hamlet replied that they belonged to Gertrude, and that he was looking after them for her while she was away. As for the right of way, its line ran along a tarmac road which also led to a garage where Hamlet kept his car, and any marks on the road were equivocal as to their cause. 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
Within the relationship of landlord and tenant, the obligation of the tenant to pay the rent due under the lease is absolute(TM)
Unit: Landlord and Tenant Law 'Within the relationship of landlord and tenant, the obligation of the tenant to pay the rent due under the lease is absolute' Explain what is meant by this statement, with particular reference to relevant case law, and consider how far it may be regarded as a completely and comprehensively accurate statement of the law. The law regarding landlord and tenant is wide-ranging and can be complex. In all contracts between a landlord and a tenant, the spirit of the lease or tenancy agreement is that the landlord shall give to the tenant 'quiet enjoyment' of his insured premises, in return for which the tenant agrees to pay rent. In most cases, the lease will usually state, "how much rent is to be paid, when it is due and whether it is to be paid in advance or in arrears." Clarke and Greer (2008, p144) Rent is a periodic payment for the use of the land and not for the premises built upon it. Furthermore, Wilkie, Luxton, Morgan & Cole (2006, p118-9) note that rent may be payable in kind or more usually in service, where the property is leased in return for the tenant's services. Sparkes (2008 p552) states that, "although usually payable in money, payment could take any other form - rabbits, bottles of wine, red roses or gold." Directgov (2008), the official government website, state that leases or tenancy agreements can be residential or
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?
Since the coming into force of the LPA 19251 the position of undivided owners is different from what it was before. The legislation has abolished tenancy in common and held that whenever land is subject to co-ownership a trust is imposed. Therefore a conveyance of an undivided share creates a legal joint tenancy and a trust which gives effect to the tenancy in common. Although Joint tenancy is mainly used for matrimonial conveyancing due to convenience in operating under the right of survivorship, a JT in equity exposes risk that a premature death would concentrate beneficial interest in favour of the surviving tenant. This would be detrimental in some circumstances such as in the event of divorce. Effectively such problems can now be avoided as the reform has given joint tenants a right to sever their equitable share. Preventing what has been termed survivorship wheel of fortune. Therefore as a tenant in common he can have his share realised. This may arise through an expressed declaration under S53 (1) (b)2, where the exact intentions can be conveyed though words of severance.3 Yet whilst it is sensible and sometimes necessary, both to make wills, and also to be crystal clear about the precise agreement between the owners it is not obligatory to do so. There are exceptions to the rule contained in S53 (1) (b)4 and consequently non proprietary interest can take effect
Land law
Anna Pope CPE The understanding and basis of land law in this country today largely stems from the substantial amount of legislation, which was developed in, and around 1925. It is important to note that reforms aimed to simplify and rationalise substantive law. Over the years there have been many developments and adjustments to the 1925 legislation, but the essential framework has all in all remained the same until 2002. When the Land Registration Act 2002 was enacted and implemented in October 2003. The policy objectives of the Land Registration Acts 1925 and 2002 was to simplify conveyancing by registering all titles to land in a central register. The 2002 Act aims to make the register more comprehensive and to pave the way for the introduction of electronic conveyancing (in a few years)1. It is also concerned with developing the concept of an open register for the public and requires registration of title whenever land is transferred or given to its first legal mortgagee. There are a broad variety of rights, which may bind land, and it is recognised that these rights can cause difficulties in the dealing of land. It was recognised in the 1925 legislation that the aspect of third party rights or interests which was an area of complexity. For the purpose of this assignment the examination of third party interests in land will be examined. Primarily it is important to
Land law
Land Law It is now January 2007 and Salman requires your advice on the following matters: Q1. Tasnim claims that she has an option to buy the freehold in both cottages for the current market price. She wants to exercise the option now and has produced a document, signed by Romesh and herself, dated 7 April 2006. When Salman spoke to Tasnim prior to his purchase of The Franklins she said nothing about this option. Salman is unhappy at the prospect of selling the cottages. He does not need the money and might well want them for his children when they get older. Advise Salman whether he can be forced to sell the cottages to Tasnim? Covenants in leases created post 1996 are governed by the Landlord and Tenants (covenants) Act 1995, the principal changes introduced by the Act relate to the continuing liability of the landlord and the tenant through covenants, which will run with the lease. "While the Act operates to release the tenant of liability under the covenants in the lease after it has been assigned, it does not work in the same way insofar as the landlord is concerned upon an assignment of the reversion. He will remain liable for the covenants unless he is released from them."1 From this we can deduce that the obligations of the old landlord transfer to the new landlord after he has purchased the land. S2 (1) " states that the Act applies to a landlord covenant or
Land Registration Act 2002
Fundamentals of Land Law Essay - Striking a Balance Fundamentals of Land Law Essay - Striking a Balance? Land law exists today to balance and regulate the rights of both purchaser and vendor upon a transfer of land. Before the flood of 1925 legislation affecting land transactions, purchasers of legal title took subject to many unpredictable and undiscoverable interests, disproportionately burdening them with extensive and expensive obligations and rendering vendors' interests paramount. The comprehensive reforms encapsulated in the Land Registration Acts (LRA) of 1925 and 2002 overhauled the oft-criticised system of land transfer, affording both parties a more secure basis for the transfer of land. The major impetus behind the Acts was to achieve parity with the mirror principle of conveyancing, attaining a "truly transparent, accurate and comprehensive" Land Register, reflecting the wealth of interests in relation to titles in land and placing parties on more equal footing. Unfortunately, the 1925 Act failed to eradicate all 'cracks in the mirror', instead preserving the relevance of certain interests which may 'override' registration. These 'overriding' interests burden registered land by operating on a superior plane to other registrable interests, binding purchasers outright and disproportionately empowering the overriding interest-holder. Although the majority of
property law
Occupation and Rent (i) Occupation Basically, there is unity of possession between all co-owners, whether equitable joint tenants or equitable tenants in common. In Bull v Bull1 this was held to apply also to a party entitled to a tenancy in common interest under a resulting trust. There was a continuing right to occupy unless and until an order for sale was made. The occupation amounts to a requirement of the occupier's consent before a sale takes place but failure to give consent could result in an application to court, originally under s.30 Law of Property Act 1925, now under s14 Trusts of Land and Appointment of Trustees Act 19962. This decision was, however, distinguished in Barclay v Barclay3, where a house was left by will to in trust for five sons in equal shares. It was held that the trustee could claim possession from one of the sons who was in occupation, without the need to bring proceedings for an order for sale. Bull v Bull was distinguished on the basis that the house there had been bought for the purpose of occupation by the resulting trust beneficiary. 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
'The 'mirror' principle, the 'curtain' principle and the 'insurance' principle form the tripod on which the whole English and Welsh system of land registration rests'.Explain, in detail, these three principles.
(a) 'The 'mirror' principle, the 'curtain' principle and the 'insurance' principle form the tripod on which the whole English and Welsh system of land registration rests'. Explain, in detail, these three principles and discuss the validity of the statement quoted. and (b) What is an overriding interest and why is the concept important in relation to the transfer of title of land in England and Wales? (a) The object of registration of title is to make the transfer of land simpler, quicker, cheaper and safer. Previously in unregistered conveyancing, the vendor was required to produce documentary evidence of the past transactions over a period of 15 years to prove that he was the owner of the estate that he was selling. Registered conveyancing seeks to eliminate such lengthy inspections of deeds by putting in its place a register that can be inspected and prospective buyers can find a description of the land, the name of the registered proprietor and any third party registrable rights. The purchaser should at this stage have a complete up to date picture of the title of the property and if accompanied by a search of the local land charges register and a physical inspection of the land should afford adequate protection to any potential buyer. This system, however, is not perfect and certain rights are not registrable and may not be discovered even with the other checks