Equitable Interest in the Property and the Land Law - Case Study Example

Equitable leases must be registered if created after 1925 and the land is registered.... If the land is not registered then the lease is not binding if sufficient enquiry has been made and there is no obvious notice of occupation.... (ii) Your principal has also asked you to do a separate piece of research, unconnected with the properties above, to produce a short report on decisions in the cases in the last ten years in which the courts have considered and/or applied the concept of the termination of a lease by surrender by operation of law a) In order to determine if any person has any equitable or legal rights over Sheila's estate one has to consider if it is capable of being an equitable or legal interest....

the land law makes applicable to all the applicants to bring into notice the overriding interest affecting the land.... The focus in the essay " land law" is on land - one of the most valuable asset and thus there a large number of features revolving around it.... … The register of the title is broadly intended to operate as a mirror, reflecting the potential disponee (and to any other interested person) the totality of the proprietary benefits and burdens which currently affect the land'....

The paper entitled 'The Law of Formalities' presents the requirements on formality that have arisen out of the Statute of Frauds of 1677, of which some provisions, notably Section 9, were incorporated into Section 53 (1)(c)of the land Property Act of 1925.... Section 53 deals with a subsisting trust, 53 deals with oral declarations of trust in the land.... For example, in the case of Re Diplock3 that concerned the disposition of a trust, the general principle that was laid down was clarified by Pettitt, who states that whenever there is an initial fiduciary relationship, the beneficial owner of an equitable proprietary interest in property can trace it into the hands of anyone holding the property except a bonafide purchaser for value without notice4....

An analysis of each person's right shows that Bob has an equitable interest in the property because of the amount he contributed to its purchase; Dave has an equitable interest in the leasehold of the garage for the duration of ten years, and; Max has at least a vested interest in the property because he has been living in its grounds during those times when Bob was not around.... rdquo; A bona fide purchaser for value without notice is defined as a buyer of the land for a considerable sum of money without the knowledge of existing equitable interests over the land....

Conversely, a chattel is an item brought onto the land, which doesn't become part of the land5.... The degree of annexation test requires that the object be fastened to or connected with the land in some way for there to be a presumption that it is a fixture8.... As such, the test is objective and is concerned with the intention of the person who put the object on the land.... Section 205(1) (ix) of the law of Property Act 1925 (LPA) defines “land” as “any tenure and mines and minerals, whether or not held apart form… e surface buildings of parts of buildings (whether the division is horizontal, vertical or made in some other way) and other corporeal hereditaments, also a manor, an advoswson, and an easement, right, privilege, or benefit in, or over, or, derived from land”. Moreover, in contract for the sale of freehold land, there is a presumption that the contract will automatically include everything which legally constitutes “land”2....

Ainsworth occupied the property and remained in charge whilst Mr.... They will all be examined and evaluated on the basis of their components and their merits in relation to UK land law.... This will provide the basis for the explanation and justification of the legal worth and power of the two concepts in UK land law.... the land was registered in the name of Mr.... Ainsworths right to the property was based on the equitable right to control the bank....

As per the legal area of ‘Tenancy In Common', these two members are now entitled for the complete ownership of their share in the property and use it as per their will and convenience, such as deciding whether to sale the share or gift it to their heir3.... Joint Tenancy is determined as the form of co-ownership pertaining to the trust of a property, wherein the… Notably, as Alan, Bettina, Daniel, Edward and Claude were initially into joint tenancy for their purchased house, it can clearly be assumed that they had an equal proportion of share for the property....

According to land law, a bona fide purchaser for value is an innocent party who purchases property without any notice of any other party's claim to the land.... However, Law of Property Act 2002 outlines certain legal rights such as leases for more than seven years that require registration and that will bind the purchaser of the land.... For instance, common law courts refused to recognize the right of beneficiaries under trust land since it is only the trustees who had legal rights to the land unlike courts of equity that fully recognized the right of beneficiaries to the property5....