Nobody downloaded yet

Land Law - Essay Example

Comments (0) Cite this document
Summary
Introduction This paper examines a case about two cohabitees, Brad and Angelina who have acquired a property and there are some complications with the involvement of Angelina as a part owner of the property. The paper will examine the case in two parts and each part will involve a critical analysis of cases and facts relating to the issues at hand Part A Issue: In this section, we advise Angelina on her rights to the Aniston Villa…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.4% of users find it useful
Land Law
Read TextPreview

Extract of sample "Land Law"

Download file to see previous pages The position of the ?40,000 'compensation' paid by Brad. 5. Possibility of Celeb Bank removing Angelina from the premises. Rules “A mortgage is a security for a loan”1. This involves a transfer of a legal or equitable interest in the borrower's land to the mortgage with a provision that the mortgagee's interest shall end upon the repayment of the loan plus interests and costs2. This means that a mortgage is some kind of a loan that is given to enable a borrower to get interest in a land. The mortgagee (one taking the mortgage) gets interest to a given land or property whilst it is paid for by the mortgagor from the owner of the land3. In the case of Abbey National Building Society V Cann4 G lived with his mother D in a property. D contributed to the purchase price of a property that they moved into which G, the son, held for himself and his mother. They moved to a smaller house costing ?4,000 more than the previous house they both bought. The mother was only aware of the necessity to move but she was not aware of the fact that her son had taken another mortgage of ?25,000 with the defendants. Due to the son's failure to repay the mortgage, Abbey National Bank sought to repossess the house. D, the mother, was now living with her partner in the same house and she argued that she had an equitable proprietary right under the Land Registration Act 1925 (Now Land Registration Act, 2002). She therefore moved from the new premises and entered the old house that the bank was repossessing 35 minutes before the bank took over. The bank argued that D had no rights in the property. In deciding the case, the court examined whether the property could have been purchased without the mortgage or not. Also, the occupation of the premises under Section 70 (1) g of the Land Registration Act 1925 had to be permanent and not temporal in nature. It was therefore held that D had no rights to the property. In Ingram V CIR5 the question of determining the equitable right was based on whether the contribution made by a person claiming equitable rights to the property was vital in the acquisition of the mortgage or not. If it was, then the person has proprietary rights. If not, then there was no such right. Also, in National Province Bank Ltd V Ainsworth6 a distinction was made between proprietary interest and personal interest. In this case, the House of Lords held that before a right or interest can be admitted to the category of property right, it must be definable, identifiable by a third party and have some degree of permanence or stability. If there are some rights that do not fall in this category, it is classified as personal interest and is not a proprietary right and cannot lead to any claim under property law or trust law. Also, in the case of Lloyd Bank and Rosset7 it was held that the failure to contributing to the cost of running a house is not sufficient to create a proprietary right in a given property. Pettitt V Pettitt8 also demonstrated that a man who contributed by making improvements to a house bought and owned by his wife was not substantial enough to create a proprietary interest. Where there was some contributions that was made by a cohabitee to the property, it becomes a resulting trust9. On the other hand, if the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Land Law Essay Example | Topics and Well Written Essays - 3000 words”, n.d.)
Land Law Essay Example | Topics and Well Written Essays - 3000 words. Retrieved from https://studentshare.org/law/1402973-land-law
(Land Law Essay Example | Topics and Well Written Essays - 3000 Words)
Land Law Essay Example | Topics and Well Written Essays - 3000 Words. https://studentshare.org/law/1402973-land-law.
“Land Law Essay Example | Topics and Well Written Essays - 3000 Words”, n.d. https://studentshare.org/law/1402973-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 Essay on topic Land Law for FREE!

Contact Us