Gain Immediate access to our Essays
FREE access exchanged for your work, or pay £9.99
Your Status: Logged out
Academic DB helps you learn fast, by providing unlimited access to 33,213 essays and coursework documents written by University students.
Register for FREE now by publishing your essays, or pay as little as 9.99 for 3 months.
Essays in Land Law category
-
"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.
... 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 ...
-
'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.
... 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 ...
-
'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
... 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, ...
-
1. Philip and Rachel became friends and in 2001 Philip moved in with Rachel who owns her own house at 2 College Road. To please Mabel, Philip's mother, who was concerned about her son's lack of security, Rachel agreed that the house could be transferred
... that they are joint tenants as well. Firstly, because it seems to be an express declaration and secondly because the four unities are present. In Rachel's and Philip's case, the criteria of the unity of possession is covered since they are ...
-
A lease is an estate in land of defined duration.
... 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 ...
-
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.
... 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 ...
-
Adise on principles of Land Law
... he may no longer cross HH's land. The law of property is a complex and intricate topic which is subject to numerous exceptions and bodies of rules. The easiest way to understand property law and in turn apply it to ...
-
“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 Prope
... 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 ...
-
âÂÂWithin the relationship of landlord and tenant, the obligation of the tenant to pay the rent due under the lease is absoluteâÂÂ(TM)
... 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, ...
-
Business Tenancies
... eligible for protection under the LTA, 1953, Pt II. Robin's girlfriend, Marion, has been renting a flat on the fifth floor. She has been running her massage business from the flat for the last three years without having told ...
-
Case law analysis - Advice Martin On Whether He Has Any Rights, Which Are Enforceable Against Midlays Bank? Is The Arrangement With Des Enforceable Against Samantha And Chris?
... and Appointment of Trustees Act 1996, and according with the case of Gissing v Gissing (3), a trust only exists if the person who has the legal title is able to show that 'holds it as a trustee upon trust ...
-
Celebrity Couple Problem.
... they will have fulfilled the necessary time period of 12 years. However there are two points we need to bear in mind, firstly under the recently proposed revisions to the legislation regarding adverse possession the couple would need to apply ...
-
Co-ownership on Family Home
... vehicles of equitable trusts, along with proprietary estoppel. Hence, if the non-legal owner establishes his/her equitable interest, the property is co-owned in equity and this is binding upon the legal owner in relation to the division of rights to and ...
-
Compare the English and Wales law on co-ownership on family home with the jurisdictions in Australia and Canada
... 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 ...
-
conveyancing
... affecting a registered estate or charge is not affected by a disposition of the estate or charge. However the exception to section 28 is section 29 which states that if a registrable disposition of a registered estate is made for valuable ...
-
Covenants
... 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 ...
-
Covenants in land law.
... up by obligations that are merely temporary, ambiguous and personal in nature, the conveyance of land is unfettered. Diagram to illustrate parties involved. A = COVANANTEE - Alan has benefit of covenant (Freehold owner) (receives the promise) B = COVENANTOR - Justin ...
-
Critically analyse the impact of the decision in the House of Lords in Street v Mountford
... lease from a licence is one of substance, not of form and the crucial question to ask is whether the agreement conferred 'exclusive possession'. Lord Templeman, in his judgment, went on to say that in future there will be a ...
-
Difference between lease and a licence
... the requirements of a 'joint tenancy', the only way by which people can legally share land (see Chapter 12). They did not all arrive at the same time, and so they did not share 'unity of title': they were merely ...
-
Executive Finance has lent H £15,000 which is secured by way of a registered charge over H's property. H has defaulted on repayments. The bottom line for E is that it wants its money back
... an interest under an express trust? The agreement to share could constitute a declaration of trust in favor of E. The problem is that express trusts of land must be executed in writing by virtue of s 53(1)b LPA 1925, ...
-
fixtures and chattels-problem questio
... Act 1925 as "'Land' includes land of any tenure and mines an minerals, whether or not held apart from the surface buildings of parts of buildings (whether the division is horizontal, vertical or made in some other way) and other ...
-
fixtures and fittings p/q
... has been carried out. Generally, as part of a contract for sale of land parties will be required to complete a fixture, fittings and content's form before the transaction has been completed for the purchase of land. If this is ...
-
Implications of Stack Dowden
... house prices rise and more and more people are living together without getting married.'6 He stated that 'a more practical, down to earth approach is called for...[which] should be simple and accessible.'7 The Law Commission has also commented on the ...
-
Interpretation and Cases on Village Greens: Commons Registration Act 1965
... as the ensuing amendments to it and relevant case law. I believe that the 'debate' mentioned in the title statement involves the interpretation of the Commons Registration Act 1965 legislation, specifically regarding type 'c' village greens and their definition. However, I ...
-
John was the registered owner of two semi-detached houses, numbers 21 and 23 London Road. Number 21 had a garage attached, but number 23 did not. At the back of each of the houses there was a long garden. John occupied number 21himself and in 2000 he gran
... agreements that John (J) and Fred (F) have in place can become binding on a third party, Alice (A)and are capable of being propriety rights after the title has been sold. An easement is a right benefiting one piece of ...