LAND LAW Tutor name 13 March 2012 LAND LAW Mr. Jones claims to have a monthly tenancy that is granted for a period of three years. The lease is therefore renewable on a monthly basis. However, registered purchase defines liability over registered third party rights…
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If she however failed to make the necessary enquiries then she remains to be bound by the lease agreements.2 Mr. Wood claims to have a lease interest that was executed under deed. A purchaser’s legal obligations over a lease under deed are determined by legality of the deed. If the deed is legal then registration of the interest in the property is considered. In such a case, the deed must have been legally or properly constituted. The lease is legally binding under common law if Mr. Wood can prove that the deed was properly constituted.3 Otherwise, the purchaser’s obligation to to be bound by the lease will be determined under the doctrine of equity4 . Under this approach, Wood would need to prove that the agreement was in writing and was correctly registered.5 If this was the case, then the existing lease will bind Henrietta on ground of registered notices. The underlying principle of the written and registered agreement is that a purchaser of a registered property is supposed to make a search over all third party rights that are attached to the property before proceeding with the purchase. Failure to make the search and a subsequent existence of a right binds the purchase. If the lease was not registered then Henrietta is not bound by the agreement this is because unregistered interest on registered property is considered as null and void.6 Annabelle claims that she made a share contribution to the purchase of the property sold by Fred. The first factor is Henrietta’s enquiry to find out if such claim was registered.7 If the claim was not registered then it can only be enforced under equity. The case can therefore be considered based on property held under trust. Rights due to trust can be overreached if the the purchase price is paid to more than one trustee. Under such a circumstance, the purchaser is not bound by any claim of ownership by a third party, as the purchase price is sufficient under overreaching principle.8 Payment of the purchase price to one trustee however introduces the doctrine of overriding interest in the case. For this to be applicable, Fred’s grandmother must prove that she was in occupation of the property at the time of sale. If occupation can be successfully proved then the grandmother’s right over the land binds Henrietta. However, failure to prove interest or occupation in the property at the time of sale protects Henrietta from the grandmother’s claim.9 Mohamed has warned Henrietta against carrying out constructions on a portion of the purchased land on the basis of a restrictive covenant with a former owner. Restrictive covenants are not enforceable under law and would be interpreted in line with the doctrine of equity. In order to determine the legal position of Mohamed’s claim, circumstances under which the covenant was created as well as the nature of the created rights will be evaluated. Since covenants create interest in land, the next factor to be considered in determining Henrietta’s liability over the covenant is registration of the right created by the covenant. If the agreement was duly registered, then Henrietta has no legal option but to honour the terms of the covenant as was created between Mohamed and the former property owner. A different scenario would however be witnessed if the covenant was not duly registered.10 Failure to meet requirements under the registration deprives Mohamed of any legal claim over the covenant. In such a case, under which restrictive coven
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(“Land Law Essay Example | Topics and Well Written Essays - 1500 words - 2”, n.d.)
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(Land Law Essay Example | Topics and Well Written Essays - 1500 Words - 2)
“Land Law Essay Example | Topics and Well Written Essays - 1500 Words - 2”, n.d. https://studentshare.org/agriculture/1396043-land-law.
This research will begin with the definition of law as a set of rules in a jurisdiction that governs people’s behavior. It defines rights and obligations of individuals and provides outlines for dealing with disobedience to its provisions. There are a number of classifications of law, one of which is the classification by subject.
The LRA distinguishes third party rights that are required to be registered and those that are considered overriding2and I shall consider any potential equitable rights when considering the legal position of Miss Kaur, Ms Winston and Miss Thomas. 2: Miss Kaur Mr Winston was the sole registered proprietor of the Property and with regard to Miss Kaur’s legal position it is evident that she gave Mr Winston ?
However, legally Thomas is on the wrong for illegally encroaching on the council’s land, which now belongs to Edward. However, he has legal grounds to reverse this decision according to the law. Encroaching is the act of something or someone illegally crossing and occupying another person’s land.
Today people increasingly depend on mortgage loans to purchase land/properties and to build homes. In order to secure their credit, mortgage lenders include strict repossession terms in the mortgage deed. It is observed that some complex legal provisions like restrictive covenants adversely affect land/property deals because such rules limit buyers’ rights on the property.
Land law can be further elaborated under the context of the statement, “of course it is necessary for conveyancing to be made as easy as possible, and for purchasers to be protected. However, this should not be at the expenses of beneficial interests”.
The register of the title is broadly intended to operate as a mirror, reflecting the potential disponee (and to any other interested person) the totality of the proprietary benefits and burdens which currently affect the land`. Illustrating with decided cases, consider the extent to which overriding interests detract from this fundamental principle.
he is not to impose any liability that is considered personal .William has applied for a loan and used the piece of land he owns as security the two hundred thousand pounds by the Loamshire building society. The loan is to be secured by a legal charge over the abbey farm the
shed from the proprietary rights in that proprietary rights provides the capacity to bind a purchaser of the land while personal right is only binding to the person who gave the right. Technically, all lands belong to Crown under the English jurisprudence of land laws. However,
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