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Essays in Land Law category
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Maizie comes to you for advice as to whether she has any rights over the field.
... amazing sum for Glebe Cottage and the field as apparently it has great development potential. Maizie comes to you for advice as to whether she has any rights over the field. Would your advice differ if: i) Maizie had built a large ...
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Mortgage's and the law.
... the mortgagee. Since 1925 the very way in which mortgages can be created is designed to re-enforce the essential nature of a mortgage as a security charged on land for a loan. As since 1925, a mortgagor owns both the ...
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Patent.
... manufacturing or importing is contemplated should be studied to avoid fringing patents that are still protected in the country"3 - Even if the patent is licensed it may be possible to manufacture it or import it. - Patents can be used to ...
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Property Law
... able to fit into the requirements of both a resulting and constructive trust. By contributing to the purchase price of 'Old House', Augusta can claim an equitable interest in Wilson's property, despite her name not being registered alongside his. This ...
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Property Law - Problem Question
... 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 ...
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Property Law: 'Possession is nine points of the law'. Discuss in relation to the acquisition of int
... but is also of fundamental importance. As regards to real property nobody actually 'owns' land apart from the crown. This concept goes back hundreds of years when it was said that the King or Queen owned all the land and ...
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Property law: Land Law.
... 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 ...
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Rent Restructuring
... policy which affect social landlords. Due regard shall be paid here because some landlords believe that a question mark hangs over their future viability. Another major point of concern for me in this paper is how tenants of social housing ...
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Response to Stimulus Test, The law and society, renting and buying a dwelling.
... 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 ...
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The 1925 Legislations Aims.
... of the legal estate in the land for value without notice." This is known as the doctrine of notice. Basically it describes a purchaser of a "legal estate" with "clean hands" ( Coatsworth v Johnson1886) who didn't know of the ...
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The Doctrine of Notice
... of notice has its very origins. It is naturally of some considerable importance to apprise the different types of equitable interests in real property as it these which purchasers of land are interested in and, moreover, how to protect those ...
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The freehold estates
... derived from the land itself and from anything found on it' (Wik Peoples v Queensland (1996) per Gummow J), and constitutes effectively the 'local equivalent of full ownership' (ibid, per Kirby J). The tenant of an unencumbered estate in fee ...
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The Land Registration Act was first enacted in 1925.
... Littledale's5 case the user of the land, put up gates which showed his intention to possess, this is de facto possession, as he had no title to the land, and through the virtues of the Limitation Act legitimised his continuing ...
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The owner of a freehold title of real estate enjoys the most superior form of private property ownership.
... 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 ...
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The property legislation of 1925
... for reform in the nineteenth century as one of the major problems of real property. [FN6] Difficulties arose mainly over the question of whether a person who was admittedly a purchaser for value of a legal estate [FN7] in fact ...
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The term adverse possession often paints
a hostile picture of squatters occupying land that is not t
... 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 ...
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This problem question deals with the law of adverse possession of land.
... 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 ...
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TLATA altered the rights of The Wolfenden Report shifted perceptions about the role of the law in enforcing morality.’
... for undivided owners, and this practice has now been given statutory effect under the trusts of land. The general rule pertaining to a trust remains applicable to TLATA and trustees have a fiduciary duty to safeguard the interest of the ...
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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.
... 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 ...
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Trade Related Intellectual Property Right (TRIPs)
... the developing worlds. So, this essay begins by looking at the general introduction and background to TRIPs agreement. Subsequently, the essay outlines the agreements that are advance in support two mutually contradictory statements. The potential impact of the most contentious ...
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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?
... 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 ...
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What were the legal issues arising out of Caunce v Caunce and Kingsnorth Finance v Tizard?
... in which case he will take the land free from the interest. In order to satisfy this condition the person must be a bona fide purchaser for value of a legal estate without notice. This is in contrast to the ...
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