... 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 ...

... Club and the Portsea and District Bank is directly related to the definition provided by Lindley. The security provided by the football club is the land belonging to the club on which the stadium is built. Portsea Football Club has ...

... Royal Commission2 that aimed for the land owners "to deal with land in as simple and easy a manner, as far as title is concerned...". The realisation of this goal was dependent ultimately upon a definitive record of the rights ...

... seek a royal administrative command [writs] which was issued by the king authorising commencement of the proceedings in the court of chancery2. New commands had to be developed to meet the plaintiff's case, the provisions had prevented the issuing of ...

... to establish whether or not an appropriate degree of physical control has been exercised over the land, the courts will apply an objective test, which relates to the nature and quality of the land in question.4 In applying this objective ...

... be liable for positive covenants, and Breezeblock plc is not. Secondly, only freehold covenants that "touch or concern" land are capable of passing with a transfer of the land. In Swift investments v Combined English stores this was stated to ...

... (which is open for anyone to view according to the Land Registration Act 1988). Thereby, anyone wishing to purchase a plot of land can, in theory, easily discover all pertinent details applying to that land. Nigel's status as registered proprietor will ...

... operating on a superior plane to other registrable interests, binding purchasers outright and disproportionately empowering the overriding interest-holder. Although the majority of overriding interests provided by the 1925 Act are largely uncontentious, controversy has surrounded the overriding status of interests ...

... 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 ...

... become blurred and where disputes have occurred, both tenants and landlords have sought redress in the Courts. Mackenzie & Phillips (2008 p199) state that, "Every lease, even the most informal, contains provisions which define the obligations of the landlord and tenant ...

... Act imposes a duty of care to those who are not visitors i.e. trespassers. The Act imposes a limited duty of care on occupiers to take reasonable steps to offer protection to trespassers from dangers which should be known to exist ...

... 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 ...

... the privileges which are enjoyed in each of the case. In the present paper the meaning and concept of the terms have been considered and the distinction between the terms on the basis of the rights and also the ruling ...

... was effective until cases developed but the law was confusing at that time to say the least and even the House of Lords found difficulty in grappling with the problems. In order to address the issues it is therefore necessary to ...

... the assignment wasn't paying the rent and hadn't been insuring the properties then the Landlord has the option of suing either the tenant who took on the assignment or the original tenant who assigned his interest 6 years ago. The tenant ...

... 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 ...

... 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 ...

... decide to sell the property , the purchaser will take the land subject to the beneficiaries equitable interests. An 'equitable interest' is 'interest held by virtue of an equitable title or claimed on equitable grounds, such as the interest held ...

... 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 ...

... 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, ...

... 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 ...

... 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 ...

... short report but did not give an example to show what I was trying to show. Instead I used an example later in my short report which was very relevant to the issue raised initially; I should have used it ...

... 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 ...

... 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 ...