Proprietary Estoppel Remedies

Land Law Summative Assessment "I do not see how it could be right to confer on Miss Carrick indirectly, and by means of a proprietary estoppel binding on the Bank, that which Parliament prevented her from obtaining directly by the contract it has declared to be void." (Lloyds Bank plc v. Carrick [1996] 4 All ER 630 at 641-42, per Morritt LJ). How well do Morritt LJ's words reflect the current scope of proprietary estoppel remedies conferred by the courts? Proprietary estoppel is an equitable remedy which has developed quite considerably over recent years and has provided a further avenue for claiming an informally created interest in land, particularly in the context of the family home.1 The purpose of proprietary estoppel is to provide a remedy for those who have acted on reliance of a certain belief of entitlement to land, which the true land owner has either encouraged or which was known to the true land owner to be a mistaken belief and not corrected. Subsequently it is up to the court to decide whether it is conscionable for the owner of the land to go back on their representations. Unlike other estoppels, which may be used as a shield but on a sword, proprietary estoppel may create a claim and an entitlement to property rights in or over land. A proprietary interest in land may be acquired in equity under proprietary estoppel without the need for a deed or a written

  • Word count: 3354
  • Level: University Degree
  • Subject: Law
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The enactment of the Land Registration Act 2002 offers an opportunity for a fresh approach to land registration by the Courts. It is a very different Act from its predecessor. [C. Harpum, Registered Land: A law unto itself? Ra

LAND LAW ESSAY "The enactment of the Land Registration Act 2002 offers an opportunity for a fresh approach to land registration by the Courts. It is a very different Act from its predecessor." [C. Harpum, 'Registered Land: A law unto itself?' Rationalising Property, Equity and Trusts: Essays for Edward Burns (ed Getzler, 2002, p.203)] Discuss. The Land Registration Act 1925 (hereinafter LRA 1925) established a momentous change in the operation of Land Law in England and Wales. The underlying objective was to simplify conveyancing by replacing the older, 'haphazard system' of unregistered conveyancing with a system of land registration.1 Although the system served well for over seventy years it was unable to meet the requirements of a modern technological age. The Land Registration Act 2002 (hereinafter LRA 2002) was brought into force on the 13th October 2003 and repealed the LRA 1925 in it's entirely. The primary aim of the LRA 2002 was to eliminate unregistered title to land and to make electronic conveyancing universal and compulsory 2 in an effort to deal with the deficiencies that remained as a result of the LRA 1925. There are contrasting opinions as to whether or not the LRA 2002 signifies revolution or evolution and the purpose of this essay is to establish which of the two it represents to discern whether of not it offers a fresh approach to Land Registration.

  • Word count: 2741
  • Level: University Degree
  • Subject: Law
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Compare the English and Wales law on co-ownership on family home with the jurisdictions in Australia and Canada

Mystery is the remnant as to what will happen in the erratic future when couples set up home today. All they want is to live in the property together. This is a simple enough wish, but it can become a fraught with difficulties, if, for instance, the relationship between the couple breaks down. Fortunately, unlike cohabitants, married couples1 and civil partners2 have got statutory protection when it comes to divorce or dissolution. Much will depend upon whether they took the legal title to their house in joint names or in the name of one of them only. In the latter case, their reasons for such a decision may prove crucial. Henceforth, the general principle of trust was established to resolve disputes which arise when there is the existence of concurrent interest in property, where the property is subject to co-ownership. Wherever there are two or more people have an interest in one property, in virtue of the Trusts of Land and Appointment of Trustees Act (TOLATA) 1996, a statutory trust will automatically be imposed even where they both have a legal title. If a number of persons wish to own property jointly, in order to avoid possible upcoming disputes, they may do so by creating an express trust of land - in writing - in compliance with the formal requirements of s.53(1)(b) Law of Property Act (LPA) 1925. An express declaration as to the intention of the parties over the

  • Word count: 3032
  • Level: University Degree
  • Subject: Law
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Response to Stimulus Test, The law and society, renting and buying a dwelling.

Ben Walker Mrs. Reynolds. Year 12 Legal Studies, Response to Stimulus Test, The law and society, renting and buying a dwelling. Dear Daniel, I have been recently notified of your problems with your rental house and offer my legal knowledge to assist you further. Firstly the rent of $150 seems reasonable, yet asking for a bond of $900 dollars is not. The residential tenancies act, on which most of my advice will be based, states that the bond arranged at the start of the lease term can only be four times your weekly rent. The bond you should have been asked to pay should have been in the amount of $600 dollars. The property owner in this case has broken part of the act and mediation over this should be called upon and if this is not successful, you can file a case with the small claims tribunal and maybe claim a small part of your bond back. A receipt should have been given to you by the Property owner for your payment of the bond, and you should also receive a receipt for any rental payments you make. 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

  • Word count: 946
  • Level: University Degree
  • Subject: Law
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Problem Question on Communal Ownership

Property Assignment 2 Michael Roberts Tutor Group F: Anne Street Property Assignment 2 A few years ago Herbert's grandfather, who had lived abroad for many years, died and left Herbert the fee simple in a large area of waste land in the village of Tetsworth near Oxford. Local residents had been using the land for recreational purposes for many years, but no other use had been made of it for as long as anyone could remember. Despite local objections, Herbert was granted planning permission to build a house on the land. In 1975 he duly built the house and fenced off the land. The local residents wrote in protest to the Thame Gazette, but pursued the matter no further when Herbert announced that he was going to plant an orchard on the land, but that since he was interested only in the blossom and not the fruit, any Tetsworth resident was welcome to take any fruit from the trees. He built a small gate in the fence with a latch but no lock so that they could get in to take the fruit. Herbert soon noticed that local residents often came and had picnics on his land when they came to pick the fruit, and at other times of the year as well. Concerned at the damage this might cause, he put up a notice asking them not to light fires or barbecues and to ensure that they always kept the gate closed. He also installed a litter bin. Pheidippides, the Regius Professor of Ancient Olympic

  • Word count: 2059
  • Level: University Degree
  • Subject: Law
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"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.

"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. At present, there is widespread public concern and some judicial disquiet about the apparent ease with which it is possible to acquire title to land by adverse possession.1 Advance possession is possession that is inconsistent with the title of the true owner. This Common law doctrine allows a person who has long been in undisputed possession to be able to deal with the land as the owner if certain conditions are satisfied. These conditions include factual possession and requisite intention to possess (animus possidendi) for a time period of 12 years in order to bar the owner of the paper title from reclaiming the land. These conditions are thought by some to be fulfilled too easily. This essay will argue that the doctrine of adverse possession does have a place in twenty-first century England and Wales. Therefore, the Land Registration Bill seeking to marginalise it will only make it more difficult to grant ownership rights to those who deserve them. Firstly, the current law on adverse possession will be examined looking at the conditions that must be met before a claim can succeed. Secondly, the Land Registration Bill's proposed scheme will be looked at to show how it will change the current

  • Word count: 1624
  • Level: University Degree
  • Subject: Law
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The owner of a freehold title of real estate enjoys the most superior form of private property ownership.

The owner of a freehold title of real estate enjoys the most superior form of private property ownership. A freeholder is considered to be the absolute owner of the land and buildings comprised in his title; he has the right to occupy, use and enjoy his property forever or until he transfers the title to a new owner, and his heirs are entitled to inherit his title upon his death. Nevertheless, a freeholder does not have total freedom to do what he wishes on his land. The first form of outside restriction of a freeholder's ownership are public controls, in other words a freeholder must comply with all applicable laws which combine to control the use of, and activities upon, his property. i.e. the use to which land and buildings may be put, erection of new buildings on land, is regularly subject to governmental approval procedures. The second form of external restriction of freehold ownership is of a more private nature and consists of restrictions placed upon the freehold title. For example, neighbors and the general public may enjoy rights of way over pathways crossing the freeholder's land, may have a right of access onto the land to effect repairs to their own property. 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

  • Word count: 2009
  • Level: University Degree
  • Subject: Law
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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.

The primary issue to be determined is whether these three obligations are directly enforceable against Kenneth. In order to do this it is necessary to establish whether the benefit and the burden of the covenants have become attached to and run with the land. This is necessary because neither Colin, Kenneth were party to the original agreement of 1988 and are therefore not bound by any contractual obligations that arose. If it can be established that Colin is entitled to the benefit and Kenneth is subject to the burden of the covenants then Colin will have a remedy available for their enforcement. 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. Firstly, at the time the covenants were made the covenantee must have had a legal estate1 in the land. It is noted that Alan did have the fee simple in the Brantville estate when the covenants were agreed. Secondly, the person seeking to enforce the covenant must have a legal estate in the land. We are told that in 1995 Alan sold the Brantville estate to Colin thus transferring the fee simple. Thirdly, the covenants must touch and concern (benefit) the dominant land in some way, be it use, value or occupation2. It is noted that covenant one, a positive covenant, benefits the dominant land because it requires a

  • Word count: 2516
  • Level: University Degree
  • Subject: Law
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Property is not What it Seems

Property isn't what it seems- Discuss. LW313 Long Essay. The general perception of property is varied, some people regard "property" as simply the dominion of housing, and others as the ownership of personal belongings. But to law students, and academics alike, the perception of property, has a far greater connotation. Property in this aspect is understood to hold a more semantic meaning encompassing such concepts as, a fundamental right to life, a political construct and an indicator of power. With regard to the question, my aim is to discuss the quantification of property, and argue that some academics and legal theorists have expanded the theoretical concept of property in directions of some ambiguity. I will be examining the perception of property from various perspectives, in order to evaluate the concept of "Property" The concept of ownership, is one that is fundamentally incorporated into the theory of property, as legally to own, is to retain a general right of personal property. However a disparity occurs when (in ownership) a distinction is made between a "right" to own and "ownership" of a material object. For example, a person may own land in registered deed, yet the law acknowledges that they simply have a right to that land, thus illustrating that legally, ownership is born out of an entitlement to rights directly and not from a general concept of absolute

  • Word count: 1274
  • Level: University Degree
  • Subject: Law
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The Land Registration Act 2002 heralds major changes to the law and procedures regarding adverse possession. To what extent do you feel that the traditional justification for adverse possession in English land law cannot be supported.

Table of Statutes Limitation Act 1980 ... 4, 6, 9 s 15 (1) ... 4 s17 ... 6 Land Registration Act 1925 ...4, 6, 9 s 70 (1) (f) ... 6 s 75 ... 4 s 75 (1) ... 6, 7, 8 s75 (2) ... 7, 8 s 75 (3) ... 8 Land Registration Act 2002 ... 4, 9, 11, 13, 14 s. 11(4) (b) ... 13 s. 11(4) (c) ... 13 s 73 (1) ... 10 s 96(1) ... 14 s 96(3) ... 14 s 97 ... 9, 10 s 110 (4) ... 12 Sch. 3, para 2(c) ... 13 Sch 6, para 1 (1) ... 9, 10, and 14 Sch 6, para 2 ... 14 Sch 6, para 2 (1) ... 10 Sch 6, para 3 ... 14 Sch 6, para 3(1) ... 10 Sch 6, para 4 ... 14 Sch 6, para 5 ... 11, 14 Sch 6, para 5(1) ... 11 Sch 6, para 5(2) ... 13 Sch 6, para 5(2) (a) ... 11 Sch 6, para 5(2) (b) ... 11 Sch 6, para 5(3) ... 12 Sch 6, para 5(4) (a) ... 12 Sch 6, para 5(4) (b) ... 12 Sch 6, para 5(4) (c) ... 12 Sch 6, para 6(1) ... 11 Sch 6, para 7 ... 11, 14 Sch 12, para 7 ... 13 Table of Cases Central London Commercial Estates Ltd v Kato Kagaku [1998] 4 All ER 948 ... 7 Fairweater v. St Mary Lebone Property Company Ltd [1963] AC 510 ... 6, 7, 8 Gillet v Holt [2001] Ch. 210 ... 11 JA Pye (Oxford) Ltd v Graham [2000] Ch 676 at 710B-C ... 4 JA Pye (Oxford) Ltd v Graham [2003] 1 AC 419 at [2] ... 5 Ramsden v Dyson (1866) 1 L.R. 129 at 168 ... 13 Spectrum Investment Co v Holmes [1981] 1 WLR 221 ... 7, 8 Trustees of Dundee Harbour v. Dougall (1852) 1 Macq. 321 ... 5 Introduction

  • Word count: 4915
  • Level: University Degree
  • Subject: Law
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