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Land Law Coursework - Essay Example

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Name Instructor Task Date Land Law Introduction English land law is normally guided by a number of law and rules. The 1925 reforms were repealed by the land listing Act 2002 in order to simplify matters relating to land but most important the problems that relate to third party warrants (Claire, 2008)…
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Download file to see previous pages A property possessed by an individual via the legal provision of the government holds several legal clauses that bind the owner to the government policies. Knowledge of the law and the clauses it presents in property guide and ownership holds a major fraction in maintaining order after property acquisition. My essay is centered on two cases that depict instances that land laws require careful consideration before judgment is issued on rightful ownership. Part A Bramble farm The coming into force of the LRA (2002) signifies a change from a system of registration of title to a system where registration gives a person title to the land (Gatty, 2003). Previously, what were used were the 1925 reforms, which proved to be cumbersome and sometimes problematic. 1. Therefore, in the case of Rose, she was a previous co-owner to the land but her name was not included on the register as a co-proprietor, which in itself raises problems. Under the old system, a purchaser of land bound whether or not he had notice of the existence of such interest1 but it depended on whether the interest was commercial or family in nature. Where it was commercial interest, the interest could not shift to the purchaser when it came to selling that land.2 In this case, Mr. Hay would not be bound by the understanding in two parties, as he was not privy to it. 2. When it comes to the matter of executable deed where Mr. Wood had a six-year lease, the law stipulates that where there is a legal lease even though not registered, it would bind Mr. Hay as an overriding interest within schedule 3 paragraph 1.3 Woods contract though not protected by the register would still be binding as an overriding interest within schedule 3 paragraph 2 (LRA, 2002), and that would be if woods was actually occupying the said cottage. However, since he never occupied it his interest in that land would cease to exist and the leasehold giving him the option to buy freehold of the cottage will not suffice. 3. In the case of right of easement or right of way, the law recognizes the right of a third party over somebody else’s land and it does not matter for whatever reason it maybe. This law applied to both lands when focusing on their registry. In this case, Mr. Plant and his predecessor have been using the outbuilding as a short cut. Common law stipulates that where a user is of right and is in continuous usage of that way then he acquires the right of way and it does not matter whether he had permission or not (Smith, 2000). 4. Fixtures and fittings that are on the land become part of the land in that the proprietor and subsequent buyer of the land own them. Chattels, themselves, remain moveable property that do not attain and so are not part of the integral heritable property. Therefore, where there is no express agreement in the contract of sale that the chattels will remain, they may be removed from the land without any right of recourse (Saton, 2000). In order to determine whether an item is a fixture, the initial assessment is whether it is physically attached to the land. This includes plumbing, shelving and heating but not items that are resting on the land, such as statutes.4 The second assessment is the purpose of attachment whether it is for the enjoyment of the item or for purposes of improving the land. In D'Eyncourt v Gregory it was established that ornaments and strategically placed seating, as well as two statutes of lions in a hall, did form part of ...Download file to see next pagesRead More
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