The Impact of the Land Registration Act 2002 on Adverse Possession
Property Law Assignment III Michael Roberts Tutor Group F: Anne Street Property Law Assignment III "As a result of the changes made by the Land Registration Act 2002, the law of adverse possession no longer operates as a thieves' charter." Discuss. To analyse the extent to which the Land Registration Act 2002 (LRA) has affected the law of adverse possession, and how it could be seen as operating as a thieves' charter, this discussion will be broken into four main sections. First the situation before the LRA 2002 will be explained, followed by a reflection of to what extent it was a thieves' charter in the first place, if at all. After that the changes brought about by the LRA 2002 shall be described with consideration given to its effects and whether it has changed the situation for thieves. Following this discussion a conclusion will be drawn. As this discussion concerns only changes made by the LRA 2002 the application of adverse possession to goods will not be considered. Hopefully the essay will arrive at the conclusion that adverse possession does still operate somewhat as a thieves' charter but that this effect has been largely diminished by the LRA 2002. Prior to the statute, the law of adverse possession was quite favourable to takers of land who could be construed as thieves. The basic laws were that anybody who takes exclusive possession over land acquires
An easement essentially is a right in anothers land and confers both a benefit and a burden.
An easement essentially is a right in another's land and confers both a benefit and a burden. Megarry & Wade1 introduces easements by stating: - "The common law recognised a limited number of rights which one landowner could acquire over the land of another; and these rights were called easements and profits. Examples of easements are rights of way, rights of light and rights of water." Easements can exist in all number of ways, including an easement to store goods as in Wright v Macadam2 and an easement to use an airfield as in Dowty Boulton Paul Ltd v Wolverhampton Corporation.3 However, the requirements to ensure the validity of easements can actually restrict the range of rights that can operate as easements. Some may argue that the law which governs the creation and acquisition of easements has been developed in a haphazard manner and is in need of reform. Indeed, Dr Martin Dixon4 commented on this: - "Section 62 LPA 1925 is difficult to justify and usually operates only to rescue parties who have failed to specify what they really want or to catch out the innocent but unadvised land owner. It is not clear that it has a role in a system of e-conveyancing. There are uncertainties about its precise field of operation, save that it operates only on grant." The conditions needed to satisfy the creation of an easement were set out in Re Ellenborough5, whereby four rules
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
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
'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
The term adverse possession often paints a hostile picture of squatters occupying land that is not t
The term adverse possession often paints a hostile picture of squatters occupying land that is not theirs. However this is quite rarely the case. Adverse possession may arise when someone is in occupation of land, which they believe to be theirs, or is unaware that a lease has ended, and there has been no legal action to try and rectify their innocent mistake. The scope for adverse possession comes from the Limitation Act of 1980 and has been more recently altered by the Land Registration Act 2002. So the question is raised as to when it is that the time starts to run. It was identified in M'Donnell v M'Kinty1 that the time starts to run as soon as there has been a discontinuance or dispossession of the land by the adverse possessor. Discontinuance is when the true owner is said to have abandoned the land as opposed to dispossession where the intruder drives the true owner out of possession2. The years can be cumulative, so the successor can claim adverse possession even if he has only accrued half of the requisite years himself. It is important to note here that in order for a successor to benefit from the previously gained years the person before them must also have been in adverse possession. 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
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
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.
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.1 There are two types of lease; fixed which is self determining 6months, 1 year, 50 years. The vital feature is that it is a fixed maximum duration. Periodic, weekly, monthly, annually, it continues indefinitely until terminated giving notice. A lease is sometimes referred to as hybrid- proprietary interest in land but roots in contractual relationship between landlord and tenant. There are also 3 essential requirements for a lease, according to Lord Tepleman the lessee or tenant must be granted: exclusive possession, for a fixed or periodic term; and in consideration of a premium (lump sum) or periodical payments. A licence is different it's a permission to do some act which would otherwise be unlawful in regard to the land of another person. 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 -
Landlord and Tenant covenant not to assign
In this assessment I will be discussing under what circumstances Landlords are entitled to refuse their consent to Tenants to assign, sublet or otherwise part with possession of the demised premises without the Landlord's consent, referring to relevant Statutory and Case law authority in deciding/concluding if a balance has been struck between the Landlord and Tenant relationship interest in this context. Covenants are the promises made in the lease by the landlord and tenant which govern their legal relationship and the use of the property. Their covenants oblige them to do certain things and to refrain from doing certain things. In formal leases, the parties' mutual rights obligations are defined by express covenants. Most rights and obligations are fixed by express covenants. In such leases the express covenants will cover a wide range of obligations, including rent, insurance, repair, assignment and subletting etc. It is common for both the landlord and tenant to sell and transfer 'assign' their interests. Assignment is when the tenant will sell his lease to the new tenant along with all his obligations. Subletting on the other hand is when the tenant will a new tenant but still be obliged under his obligations. Clearly doing so will have implications for the landlord whom Covenants restricting assignment and subletting are covenants by the tenant (also known as
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