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Land Law - Coursework Example

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Land Law Essay Introduction In order to determine Noddy’s remedies against Toy Town Motors Ltd. and Bigears it is necessary to first define the type of interest that the arrangement with Bigear created. In other words, the main question is whether or not permission or the licence to use Redcap created a personal interest or a proprietary interest in the land…
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Land Law

Download file to see previous pages... These principles are found in the law of licences and the doctrine of proprietary estoppel. I. Remedies Prior to 1990 Prior to 1990 the law appeared to take two opposing positions relative to the extent to which licences created interests in land. The original position was stated in the early case of Thomas v Sorrell. In this case Lord Vaughan ruled that with respect to a licence, it neither passed nor modified “or transfers property in anything.”1 In other words, a licence merely functions to create a personal interest relative to the parties to the licence and as such does not operate to create an interest in land. The effect therefore is that the licence cannot be enforced against a third party. This principle of law prevailed and was indorsed by the House of Lords in King v David Allen and Sons, Billposting. In this case the House of Lords pointed held that a licence did not create a proprietary interest in land and as such could not function to be enforceable against a third party.2 Dixon explains however, that this unequivocal approach to licences was incapable of application across a board spectrum of circumstances. The fact is, licences could be put to use for any number of circumstances and could in some circumstances create interest in the land to which it applied.3 For instance, academics and legal scholars alike questioned whether or not it was unfair to oust an occupant under a licence from the property to which the licence applied, when the property changed hands.4 Lord Denning MR considered the circumstances in which it was inappropriate to classify an arrangement as a licence in the case of Errington v Errington. In this case Lord Denning MR departed from the orthodox position that a licence did not create a proprietary interest in land and could not bind third parties. In this case, the licence conferred on the plaintiff was determined to be binding on a wife how had inherited the property under a will. Her husband had granted the licence to the plaintiff. Lord Denning reasoned that the licensee was at liberty to enforce the licence against the licensor for the period of the licence and there was no reason why that right could not be continued against third parties in “appropriate circumstances”.5 Appropriate circumstances would be situations in which the licensee, pursuant to the licence acted in ways that were “supported by an equity” as this would confer upon the licence a degree of proprietary interest. Moreover, an equity would be sustainable in circumstances where it would be unconscionable to ignore the rights created by the licence.6 Lord Dennings ruling and reasoning can be found in subsequent cases. For example in Crabb v Arun DC [1976] if was held if the court finds that an equity exists, it will ensure that the parties abide by the licence to the extent that it reflects the relevant facts and circumstances of the case.7 Lord Denning explained that: Short of an actual promise, if he by his words or conduct, so behaves as to lead another to believe that he will not insist on his strict legal rights – knowing or intending that the other will act on that belief – and he does so act, that again will raise an equity in favour of the other, and it is for a court of equity to say in what way the equity may be satisfied.8 The acquisition of an equity under a licence was further explained in Taylor Fashions v Liverpool Trustees. I this case it was held that ...Download file to see next pagesRead More
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Land law
(ii) Mr. Wood has a six year lease to the cottage of the farm though he has never lived there. Further the lease allows him to buy the freehold on sale of the farm. (iii) There is a shortcut in the land used by neighbours to the local pub and they claim to have prior right to its use and will continue using it.
6 Pages(1500 words)Coursework
Coursework on Land Law
People, who live together without being married, but have a relationship similar to that of married couples, are known as cohabiters. A presumption of marriage can rise from cohabitation. The test of establishing the presumption of marriage is depended on the length of cohabitation, general repute as a man and wife and not friendship only, whether the union has children and the degree to which they bring together their financial resources.
12 Pages(3000 words)Coursework
Land Law
Pugh-Smith, Sinclair and Upton describe an easement as: An interest in land which entitles a landowner to use, or restrict the use of, his neighbour’s land in a particular way without giving him possession of it.1 In evaluating the existence and binding nature of the various easements created out of the sale of Margaret’s terraced houses, it is necessary to first establish the essential characteristics of an easement.
13 Pages(3250 words)Coursework
Land Law
In Gissing v Gissing, Lord Diplock established the manner in which a cohabitee can claim a beneficial or equitable interest in a home to which he/she does not have legal title. Lord Diplock essentially established what is referred to as the common intention constructive trust.
12 Pages(3000 words)Coursework
Land Law
Name Course Instructor Date Land Law-Assignment 2 Introduction A mortgage is a registered security on possession that permits the mortgagee or lender to take and put up for sale the property if the mortgagor fails to repay the money. It can be placed on goods or real estate, if money is borrowed to buy it.
5 Pages(1250 words)Essay
It defines the range of functions persons may exercise in given situations at a given time, the so called functional theory of property. The idea of property in land is a consequence of social evolution regardless of the origin of the property and the legal system recognizes a category of rights relating to a property.
4 Pages(1000 words)Coursework
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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”.
14 Pages(3500 words)Essay
Land Law - Land lease
A lease of land involves both proprietary and contractual rights for both the landlord and the tenant, and so is subject to contradictory pressures. A tenant is the 'owner' of land, albeit temporarily and subject to restriction but equally he is a consumer contracting for the provision of 'service'.
6 Pages(1500 words)Essay
Hong Kong Land Law (based on UK law)
le of termination by fourteen days notice in writing.1 Specifically, the agreement was not intended to permit the appellant protection from eviction under the Rents Act.2 The appellant enjoyed exclusive possession of the room under the license and made an application to
10 Pages(2500 words)Coursework
Property/Land Law
The current system of registration of titles of land is based on three principles which are: the curtain principle, the insurance principle and the mirror principle. The curtain
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