Land Law: An Advice Regarding Legal Obligations For Selling Land - Essay Example

Comments (0) Cite this document
The writer of this short essay "Land Law: An Advice Regarding Legal Obligations For Selling Land" seeks to briefly examine the case of forming a particular land sale deed and constraints laid upon it particularly regarding the private roads and private drive…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER99% of users find it useful
Land Law: An Advice Regarding Legal Obligations For Selling Land
Read TextPreview

Extract of sample "Land Law: An Advice Regarding Legal Obligations For Selling Land"

Mr George Anderson, 23 Highbury Grove, London N5 2AD. Dear Sir, In respect of your intention to sell a portion of your garden to Ms Angela Brown, with the conditions that she should construct only one building and that she should allow you to use the path, which you are currently using to reach the high way, the following legal advice is tendered to you.
First, in respect of restricting Ms Brown to constructing only one building on the land sole by you to her, the requirement is that you register such a notice that you will give her. There are several cases in which the courts have permitted such restrictive sale of land, especially where there is overlooking.
Second, in respect of the usage of the pathway to reach the highway, unless it constitutes the only access to the plot the courts will normally not allow such a right. However, in your case the round about way will increase the distance you have to travel by about a mile, further considering the fact that you are a senior citizen the courts will permit you to use the pathway.
In brief the legal position in respect of your proposed sale has been described in the foregoing. Thanking you, we remain,
Yours sincerely,
Place: London.
Date: ( )
Servitudes create rights or obligations over land and may run with the land, having their source in private agreements made when the land was initially transferred or later. Examples include rights of way and constructions over servient land, etc. If title to the land is not registered, then such covenants being registrable charges under the Land Charges Act 1972 will be void. Hence, the land should have a registered title and restrictive covenants have to be protected by registration of a notice.
Mr. Anderson intends to sell a portion of his garden to Ms. Angela Brown and while doing so he has two conditions. First, Ms. Angela Brown should not construct more than one building on this land, as this will obstruct his view. Restrictive or negative easements limit the land in respect of constructions on it. A restrictive covenant is a legal obligation imposed in a sale deed, which limits the buyer and are enforceable on subsequent buyers of the property, such as preservation of a sight - line for a neighbouring property, not to build on certain parts of the property, etc. Accordingly, Mr. Anderson should include a restrictive covenant clause in the sale deed with Ms. Angela Brown. The Preston City Council Guide has exhorted builders that "The degree of privacy will depend on the viewing level and distance which, if too high or near, will allow overlooking of rooms. Low barriers help to define private zones; high barriers can reduce security, limit surveillance and cause shadowed areas. Normally provision of a barrier that is above eye level usually suffices for private sides of houses1." In Marten v Flight Refuelling Ltd2 it was held "If an owner of land, on selling part of it, thinks fit to impose a restriction on user, and the restriction was imposed for the purpose of benefiting the land retained, the court would normally assume that it is capable of doing so" Therefore, Mr. Anderson's condition is reasonable.
Second, he should be allowed to use the pathway that he had been using all along. The problem is that Ms. Angela Brown wants to construct a studio in addition to a house on this land and further, she does not want Mr. Anderson to use the present pathway, though she is agreeable to his using any other pathway over the land that she intends to purchase. However, this route saves him a detour or over a mile, hence he is very much interested in continuing to use this way. In instances where access to a highway is via a private road or shared drive, specification of the right to cross such private land should be present in the property deeds. Such covenants are enforceable by the future owners also, according to the Law of Property Act 19753, as was decided in Mohammadzadeh v Joseph 20064. Therefore, Mr. Anderson will be able to use the pathway. Read More
Cite this document
  • APA
  • MLA
(“Land Law: An Advice Regarding Legal Obligations For Selling Land Essay”, n.d.)
Land Law: An Advice Regarding Legal Obligations For Selling Land Essay. Retrieved from
(Land Law: An Advice Regarding Legal Obligations For Selling Land Essay)
Land Law: An Advice Regarding Legal Obligations For Selling Land Essay.
“Land Law: An Advice Regarding Legal Obligations For Selling Land Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Land Law: An Advice Regarding Legal Obligations For Selling Land

Land Law

...and therefore, a claim for easement may prosper. However, the Land Registration Act 2002 had made changes in the law regarding easements by requiring the registration of easements under s. 27(2) in conjunction with s. 1(2)(a) of the Law of Property Act 1925. Unregistered easements and easements that are not created by statute or by deed, or are made such because of prescription are only equitable and not legal.23 Since Kate and Paul’s use of the estate’s forecourt is not registered and not created by either statute or deed or had long been in use as to be created by prescription, then, it can only be classified as equitable. Equitable easements under the...
9 Pages(2250 words)Essay

Land Law and Professional Advice

...? Land law and Professional Advice by 18, Feb The case concerns the purchase of property by a client, Miss Poppy Horrock, the vendor being Victor Matelin. The property in question is described in the register of title as Edmond House, Bramley Hedje, and Nottshire, NG33 6JH. The registered proprietor is Victor Matelin per the official copy of the search, dated 10 December 2011. Miss Poppy is the successor in title, of the property, having already purchased the property for value. The property is in the process of being registered in her name. Since the completion of the sale agreement, various concerns have been raised, which are fully addressed to in this report. First, Miss Horrock in a letter dated 23rd January 2012, claims... convinced...
4 Pages(1000 words)Essay

Land Law prevent the mortgage from recovering the property and selling it. Mortgage in English law is resulted from two different influences. Its form and origin belong to the common law; the constraints by which it is made to act as security only, belong to the courts equity. The English law states that, if the mortgagor did not pay on the contractual date, he at one time can forfeit the mortgagee and can be sued in contract to for money repayment. Accordingly, the legal right to redeem is very limited. The mortgagee’s right to possess the residential property is exactly what is expected. By virtue of how legal mortgages are created, the...
5 Pages(1250 words)Essay

Land Law and Professional Advice authorize Andrea to make negotiations regarding the sale of the farm. Since Fred never really put Andrea’s name in the deeds and now the Land law emphasises on the need of putting such agreements into writing, Andrea could not have passed the title to Rachel Buchanan. From another point of view, since Andrea borrowed a “vast” sum of money from her father, it can be construed that she had made a big investment in the farm and her contribution might not be regarded as de minimis. From the judgement of Stack v Dowden4, it might be construed that Andrea had developed a constructive trust in the farm. This would enable her to transfer her equitable interest to Rachel...
4 Pages(1000 words)Essay


...? 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...
4 Pages(1000 words)Coursework

Land Law

...Kingdom was widely welcomed by the legal fraternity and the people alike. Take the example of Stack v Dowden, wherein the House of Lords held that determination of an ownership in the property as far as the domestic background is concerned based on the common intention of both the parties. In the case of Jones v Kernott, the Superior Court gave meaningful clarification with regard to ‘homes’ that merits special treatment to tackle the issue with common intention. Now the question is that can it be included by the parties or imposed by the court7. This critical issue has been discussed that can be divided into academic opinion and the Supreme Court. As per the legislation of UK, all registered...
14 Pages(3500 words)Essay

Land law

.... Chhokar and Mr. Parmar, the new owner, hold the house as tenants’ in common in equity and in equal shares. Had Ned registered his interest in the property, the buyers would have seen it during the purchasing of the property. His failure to register means that even though he had a valid contract his interests are not prioritized by the law and hence not enforceable. Ned can only purchase the property from Mishal and Rick for that price only if the new owners want to sell it to him. Mishal and Rick are under no legal obligation to honor the contract signed between other parties that did not form part of the disposition contract when ownership was changing. 4. Ned Can...
8 Pages(2000 words)Essay

Land Law - Land lease

...& Quadrant Housing Trust1, have upheld the existence of contractual, non-proprietary rights lease where the landlord has no proprietary estate from which to grant a proprietary lease. According to s 1(1)(b) of the Law of property Act 1925 a lease or a term of years absolute is a legal estate and is also a proprietary estate in land. S 1 (1) the only estates in land, which are capable of subsisting or of being conveyed or created at law, are: (a) An estate in fee simple absolute in possession; (b) A term of years absolute; However, it must be created in the proper manner and it must satisfy the definition contained in LPA 1925 s. 205(1)(xxvii). The...
6 Pages(1500 words)Essay

Land Law: The Legal Advice

...retained control over the property, such that the tenant did not have exclusive possession. It is the duty of the landowner to ensure that registration of an interest is carried out, where the lease granted is going to be in excess of 7 years14. If this is not done then the transfer of the land by lease in invalid and a new owner would be entitled to possession of the land free of any incumbrances15. Under the Law of Property Act 1925 ownership and incumbrances are defined as estates and rights claimed over the land are classed as interests. Ownership is listed as the fee simple absolute in possession16. Incumbrances can be commercial or family, legal...
18 Pages(4500 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,...
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: An Advice Regarding Legal Obligations For Selling Land for FREE!

Contact Us