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Land law - Essay Example

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Land Law Name: Course: Professor: Institution: City and State: Date: 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…
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Download file to see previous pages 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 in 2002. Ned produced a document signed by him and by the previous owners, setting out the terms of the lease. The document is dated 1 June 1995. Mishal and Rick do not have a copy of the document and cannot recall if the signatures were witnessed. Ned also explained that they had had an agreement with Anjum that if Ned gives Anjum ?15,000 he will have procured the option of purchasing the house for ?300,000 at any time between 1 December 2013 and 30 November 2014. He had a document duly signed by Anjum and him for that effect and was dated 1 December 2012. Mishal and Rick do not have a copy of this agreement. Anjum sold Ned the option because she needed the cash. Ned has saved enough to purchase the property and now wants to purchase it. 1. Mishal and Rick are entitled to evict Ned Mishal and Rick have a proprietary interest in the property that they have purchased from Anjum. Their interest is registrable in accordance with s.27 of the Land Registration Act 2002. Mishal and Rick registered the property shortly after completion. This section demands that any transfer of a freehold, whether by value, gift or death, be registered. If such a disposition is not registered then it does not operate at law (Feinman, 2010). Since the land title was absolute title, it was clear that had there been any other interest in the land, and house, it would have been registered with the registrar of land. An absolute title means that there is nothing dubious about the title. Ned bought a lease for 20 years from 1995. Since the lease period is above seven years, Ned should have registered this interest, but he did not since the absolute title did not have a record of another interest against it. The Law of Property (Miscellaneous Provisions) Act1989 clearly states in section 2 that for a contract of sale or other disposition of an interest in land to be valid all the terms must have been made in writing and all terms incorporated in one document, or where contracts are exchanged, in each. Therefore, the documents that Ned produced, purporting to have entered into contracts with the two previous owners does not hold under the law because they are not in the same legal document which should contain all the material terms. This point was made in Keay v Morris Homes (West Midlands) Limited [2012] EWCA Civ 900 where a document purporting to be a contract that complies with the provisions of s.2 of LPMPA 1989 but did not include all the expressly agreed terms was not considered as a contract at all. In the ruling, the judge mentioned the Grossman Point by referring to the Grossman case. In this case, Mr. Hooper bought a property in his sole name. Miss Grossman had beneficial interest in the property. After 10 years their relationship deteriorated and they parted ways with signing of a document of informal agreement transferring the property to Miss Grossman. The document expressly provided that now Miss Grossman will take charge and responsibility of repaying the mortgage secured against it. After she contended it was held that the document was void as a contract as it did not comply with s.2 which directs that the all the express terms be included. The need to clearly state in writing the all the express terms is also evident in North Eastern Properties Limited v Coleman Limited and another [2010] EWCA Civ 277 and First ...Download file to see next pagesRead More
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