Nobody downloaded yet

Land Law - Assignment Example

Comments (0) Cite this document
Summary
Land Law Essay [Date] 2974Words [Name of Student] [Name of Institution] Table of Contents I. Introduction II. Definition of land III. The Multi-Dimensionality of land IV. Underground and space above V. Overriding interest VI. Incorporeal hereditaments VII…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.4% of users find it useful
Land Law
Read TextPreview

Extract of sample "Land Law"

Download file to see previous pages The laws that relate to land cover the divergent aspects or dimensions of land so that peoples’ right to possess, alienate and use land are upheld. In fact, land laws also provide land owners with the rights and powers to exclude others from their land. Among the important categories of land laws are those that cover land use and ownership agreements/processes such as land leasing and renting. In most cultures therefore, there are provisions, systems and jurisdictions that register land and resolve any disputes related to land use, ownership or inheritance among others1. Most emphasized in customary and common law jurisdictions are the land rights to which individuals are entitled. Land right refers to the unchallengeable ability that the law provides for people to possess and utilize land at their discretion provided that such possession and utilization of land do not infringe on the rights of others in the society2. It is therefore imperative that land lawyers recognize and understand the meanings and extent of land, more so the multi-dimensional nature of land3. This paper explores the concept of the multi-dimensionality of land and its impacts on land lawyers understanding of land. Definition of Land The apparent importance of land even as early as the beginning of civilization has led to almost all world cultures recognizing the need to regulate its ownership and use4. Despite the origins of land laws being in ancient times, land laws remain a core component of the society even in modern times. At the start of any legal process on land issues, it is important that all those involved, particularly the lawyers, define the subject matter, which in this case is land. According to section 205 (1) (ix) of the LPA 1925, the land comprises “land of any possession or tenure and minerals and mines , any structure or part of any structure or other corporeal hereditaments ; it also includes an advowson, a manor and a rent and an easement , privilege , right or advantage in , over or enjoyed from land.” Accordingly, in legal parlance, a land includes both the corporeal and physical assets and the privileges that the owner or third parties may benefit from or over it5. The other conspicuous term in the definition of land in most statutes is ‘any tenure’. By the term land tenure are referred the two main types of ownership; leasehold and freehold, both of which refer to land in legal land issues. Freehold tenure refers to a situation in which an individual owns a piece of land forever/without end. On the other hand, leasehold ownership is a situation in which a tenant owns land for a given period (short or long but not indefinitely)6. From the two definitions, it is evident that leasehold ownership is a creation of freehold tenure. Unlike the Winter Garden Theatre (London) Limited versus Millennium Productions Limited Case of 1948, which had no term allowing the licensor to revoke the leasehold, it is important that contracts are clearly drawn in leaseholds. The Multi-Dimensionality of Land In addition to land tenure, the other important component of the definition of land is the extent of land. For instance, land is defined to include the mines and minerals therein, whether they belong to the owner of the surface of the land or not. The meaning of land thus includes both the vertical or horizontal division apart from the surface. Thus, a transfer of a land with two dimensional would have not only less ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Land Law Assignment Example | Topics and Well Written Essays - 2500 words - 1”, n.d.)
Retrieved de https://studentshare.org/law/1392691-land-law
(Land Law Assignment Example | Topics and Well Written Essays - 2500 Words - 1)
https://studentshare.org/law/1392691-land-law.
“Land Law Assignment Example | Topics and Well Written Essays - 2500 Words - 1”, n.d. https://studentshare.org/law/1392691-land-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Land Law

Land law

...? Land law Introduction A tenancy is an agreement that outlines the rights and responsibilities of both the tenant and landlord1. A tenancy agreement in land law is formed between the owner of the land, the landlord and the tenant. A tenancy agreement outlines the length of tenancy agreement, duties of both the landlord and tenant and rent payable. Unlike license agreement, tenancy agreement grants the tenant exclusive possession of the property. A license agreement in land law is the authority that is grated by the owner of the land to occupy the land. A tenancy agreement vests an...
6 Pages(1500 words)Essay

Land Law

... 1995, which means that leasehold contracts entered into before it, are governed by common laws and other statutes in effect at that time. There are significant amendments introduced by the law, among which, is the release of a lessee from the contract once the contract is assigned to another. An author calls this a “mortal blow to the principle of privity contract” in leasehold contracts.1 The problems discussed in the preceding pages are based on a leasehold contract entered prior to 1996 act but involves a freehold purchase after 1996. A couple of problems involved easements, which calls for the application of the relatively new Land Registration Act 2002. The last one tackles adverse possession, also governed by LRA 2002... . Privity of...
9 Pages(2250 words)Essay

Land Law

...?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 typeof 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. If permission to use Redcap is personal, Noddy’s remedies will exist under the law of contract. However, if the permission/licence to use Redcap created a proprietary interest in the land, Noddy’s remedies are founded on principles applicable land law. These...
10 Pages(2500 words)Coursework

Land Law

...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. Lenders are required to send a reminder notice or letter of demand if payments are defaulted1. If the payment default is not corrected as expected in the demand letter, the lender should send a default notice, making it clear how he will remedy the default to allow the borrower a maximum period of 30 days as per the date of the note to do so. When a mortgager of residential property fails to repay his mortgage, he will find it...
5 Pages(1250 words)Essay

LAND LAW

...? Land Law Case Study Scenario Terrance/Theresa Terri Staines -and- Leemond/Leah Lee Vowles submission Introduction Land law is concerned with the bundle of rights persons may exclusively have in time over a given situation. 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. Property law declares what society regards as property, it creates or constitutes property rights,...
4 Pages(1000 words)Coursework

Land Law

...?Running Head: LAND LAW Land Law of the United Kingdom of the of the Land Law of the United Kingdom Land law of the United Kingdom can be explained as the law of real property in England and is a significant aspect of society and its people. 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”. For explaining this statement in relation to land...
14 Pages(3500 words)Essay

Land law

...? Land Law and Land Law Facts Mishal and Rick bought a house, Number 46, on a registered freehold title land from Anjum in July for ?350,000. Mishal and Rick then registered as proprietors shortly after completion. Number 46 is a large, Victorian, semi-detached house with a self-contained basement flat. Rick’s mother is planning to move into the house next year. Last week Mishal and Rick came home from work only to find a man called Ned in the basement flat. He explained that he has been away in Paris for six months work. He also explained that in 1995 he bought a twenty-year lease of the flat from the then owner. The owner later sold the house to Anjum...
8 Pages(2000 words)Essay

Land Law

...Land law Land law Introduction According to Kevin gray, ‘immunity from pre-existing equitable rights guaranteed only in the case of the purchaser of a legal estate whose conscience was wholly unaffected, such as purchaser was sometimes known simply as Equity’s Darling1. The doctrine of notice has undergone transformation with the enactment of various laws such as law of Property Act 1925 that clarified the status of bona fide purchaser and Law Charges Act 1972 that outlined the charges to land that must be registered2. According to unregistered title to land before 1925, the legal...
12 Pages(3000 words)Essay

Land Law

...LAND LAW: A CASE STUDY 28th November, Introduction In this paper, I have referred to the land laws to provide advice to a client, Joan, who is interested in buying a townhouse from its current owner, Peter. The Land Registration Act (2002) governs how land is registered in the UK, the rights of individual parties when transacting with a piece of land, and encourages voluntary registration of land. Background Peter, a resident of Southpool owns a townhouse. However, he wishes to move into the countryside and decides to give up the townhouse for renting. He thereby converts the houses into flats, and rents...
7 Pages(1750 words)Essay

Land Law

...lands belong to Crown under the English jurisprudence of land laws. However, both personal and proprietary rights to land exist and an individual may not technically own land but a series of rights related to the use of the land1. From a jurisprudential standpoint, the distinction between personal rights and proprietary rights to use land is critically important today as it was in the past. This is particularly because land leases remain personal property in the contemporary English property laws. As such a clear distinction between personal rights and proprietary rights may be required in solving a wide...
12 Pages(3000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Assignment on topic Land Law for FREE!

Contact Us