StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Land Law paper - Essay Example

Comments (0) Cite this document
Summary
According to Gray and Gray (2006), the Land Registration Act 2002 is an Act passed by the Parliament of the United Kingdom which describes its purpose as an Act to make provision about land registration and for connected purposes. It received the Royal Assent on February 26, 2002…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91% of users find it useful
Land Law paper
Read TextPreview

Extract of sample "Land Law paper"

Download file to see previous pages This Act, together with the Rules, regulates the role and practice of HM Land Registry (The 1925 Reforms and Unregistered Land Law, 2006). The Land Registration Act 2002 simplified and modernised the law of land registration. It also makes the register reflect a more accurate picture of a title to land. It is intended to facilitate the introduction of e-conveyancing1. This Act makes some major changes to the law regulating registered land. Specifically, it enables shorter leases to be registered, introduces voluntary land registration, changes the system of protection of third party rights and reforms and modernises the law of adverse possession or squatters' rights. The Land Registration Act has been received with much critical acclaim. It is a work of monumental importance and monumental effort. The Land Registration Act 2002 contains significant new provisions that are directed towards the goal of total registration (Gray and Gray, 2006).
1/The Land Registry e-conveyancing (2006) defined e-conveyancing as the transformation of the current paper-based conveyancing system into electronic form, using electronic documents, requisitions and signatures, meaning, paperless. The programme aims to utilise advances in technology by creating a system that reduces the delay and anxiety which can be experienced in the house buying process.
According to the Land Law Legal Essays and Coursework (2005), ...
On the first registration, the registrar awards a grade of title to each registered estate. In the case of freehold estates, one of the following grades of title may be awarded according to section 11 of the Act.
The absolute freehold title shows there is nothing dubious about the title. The estate is vested in the proprietor and is subject only to entries on the register and overriding interests. Title does not have to be perfect. If the registrar believes that any defect will "not cause the holding under the title to be disturbed", absolute title will be given - section 9(3) of the Land Registration Act (Land Law Legal Essays and Coursework, 2005).
In the possessory freehold title, there is no documentary evidence of title, for example, lost title deeds. Title depends on adverse possession. It conveys no guarantee of title at the time of registration, but subsequent problems, for example forgery of proprietor's signature, will be covered by the guarantee. It can be upgraded into absolute title after being in possession as proprietor for twelve years as mentioned in section 62(1), (4)).
In the qualified freehold title, the title is subject to a fundamental defect. There is no guarantee in respect of the specified defect. It may be upgraded to absolute title if registrar is satisfied as to the title (section 62 of the Land Registration Act). On the other hand, in the case of leasehold estates, one of the following grades of title may be awarded according to section 12 of the Act. The absolute leasehold title is the same to absolute freehold except the proprietor is also subject to covenants in the lease.
The good leasehold title is the same as absolute leasehold except the right of the landlord to ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Land Law paper Essay Example | Topics and Well Written Essays - 4000 words”, n.d.)
Land Law paper Essay Example | Topics and Well Written Essays - 4000 words. Retrieved from https://studentshare.org/miscellaneous/1501924-land-law-paper
(Land Law Paper Essay Example | Topics and Well Written Essays - 4000 Words)
Land Law Paper Essay Example | Topics and Well Written Essays - 4000 Words. https://studentshare.org/miscellaneous/1501924-land-law-paper.
“Land Law Paper Essay Example | Topics and Well Written Essays - 4000 Words”, n.d. https://studentshare.org/miscellaneous/1501924-land-law-paper.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Land Law paper

Land Law

Type your answer to the question using the standard template ensuring you comply with the page limit set in the module handbook for that piece of work. You need to enter your name into the header on the coursework template. Ensure footnotes appear at the bottom of the page end notes are not an acceptable alternative. DO NOT change any of the settings (paper size, font, font size, spacing or margins), write within the margins nor change any existing wording within the header. DO NOT cut and paste on to the template from another document. Type your answer directly onto the template. Please note that ANY infringement of the template will result in a maximum mark of 40% being awarded. Also be aware of the penalties for late submissio...
9 Pages(2250 words)Essay

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 difficult, though not impossible...
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, defines the legal incidence of those rights i.e. their content, regulates the dynamics of property...
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 law of the UK, actual occupation, Williams & Glyn's Bank v Boland (1981), City of London Building Society v Flegg (1988), Land Registration Act 2002 Schedule 3, Para 2, LRA 1925 s.70, Lloyd's Bank v...
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 in 2002. Ned produced a document signed by him and by the previous owners, setting out...
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 1925 scheme was reformed in 1986 (Land Registration Act 1986) and again by the 2002 Act...
6 Pages(1500 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 interests bound the whole world regardless whether the third parties had knowledge of existing interests. In addition, equitable interests bound persons other...
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 the houses to several individuals, who rent jointly or on individual basis. Part of the agreement signed with the tenants reads that he...
7 Pages(1750 words)Essay

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages(1750 words)Case Study

Company Law Issues

Various sections of the CA are coming into force over a staged process and the relevant provision relating to authority is sections 39 and 40, which came into force on 1 October 2007.

Section 39(1) of the CA provides that “the validity of any act done by a company shall not be called into question on the ground of lack of capacity by reason of anything in the company’s constitution”

Additionally, section 40(1) provides that: “In favor of a person dealing with a company in good faith, the power of the board of directors to bind the company, or authorize others to do so, shall be deemed to be free of any limitation under the company’s constitution”.

Section 40 (2)...
9 Pages(2250 words)Case Study

Contract Law

This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the tradition...
6 Pages(1500 words)Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages(2000 words)Assignment

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages(1500 words)Coursework

Analysis of Tourism and Hospitality Law Case

 The main issue that needs to be tackled first is whether there is a valid contract between Richard Brat, carrying on trade as Brighton Greens, (buyer) and Molly and Kelly trading in First Grade Granny Smith apples as Holy Farm.

Apparently, there was, when considering their verbal and written mail sent by Richard to Holy Farm on August 1 reading as follows –“Please deliver 20 boxes –Granny Smith ‘Brighton Greens’. Cheque mailed.“

It may be seen that the mail order does not specify the category or grade of apples to be supplied, but one of the implied conditions of sale could be that the goods ordered need to correspond with the goods inspected and tested.

In th...
8 Pages(2000 words)Case Study

International Law: Child Soldiers

Using children to fight wars is not only morally abhorrent but very bad very the physical and mental health of the children in question. That is in part why a series of international laws and treaties have come into effect to try to deal with this scourge. But the issue is more complicated than that. While child soldiers are victims of war crimes, they too can also perpetrate serious breaches of the law of armed conflict. Under normal circumstances, individuals who commit such acts, be they combatants or not,2 would be vulnerable to prosecution. However, because children in such situations are victims as well as perpetrators and because of the special protections afforded to children under international law, many have questioned w...
8 Pages(2000 words)Case Study

The Law and the Media

New and complex issues have arisen which demanded fresh understanding and handling of cases involved them. This has resulted in the enhanced development of specialized laws e.g. cyber laws and interpretation of those laws. The same is true with Media Laws. Media has developed much in the last half-century. As it evolved as a profession and more people started to join it, there arose the levels of money involved in it. With this grew the contractual obligations on the parts of parties and concerned laws e.g. patent laws, privacy laws, and copyrights laws, etc. also started to play their parts. With these issues, the role of law in the media industry also reached a new height.
Mathew Fisher, the appellant, joined a band with Mr...
6 Pages(1500 words)Assignment

The Concept of Karma in Pure Land and Zen Buddhism

Additionally, the views regarding the concept in different cultures outside Buddhism are also included.
The concept of karma can be considered fundamental in the Buddhist religion. It is related to morality and the manner of behavior of the Buddhists which can be illustrated in the verses of the Sanskrit Dharmapada which expressed that “evil should be prevented to be able to avoid sufferings” and there is no place a person can hide to be safe from karma. This is according to the verses that expressed that “not in the sky or in the ocean’s middle…where karma does not catch up with the culprit” (Conze 83).

These verses express the importance of karma in guiding the Buddhists in th...
6 Pages(1500 words)Assignment

Law of Contract

For instance, in Partridge v Crittenden, it was held that an advertisement is tantamount to an invitation to treat (Partridge v Crittenden, 1968). However, there are exceptions, where an advertisement is considered to be an offer. An example is provided by the Carbolic Smoke Ball case. In this case, the defendant’s contention that its newspaper advertisement was not an offer was rejected by the court; as the plaintiff had complied with the terms of the offer (Carlill v Carbolic Smoke Ball Co, 1892).

Thus, the advertisement placed by Adams in the local newspaper is an invitation to treat and not an offer, as per the case law discussed above. It is to be determined, whether Adam had formed legally binding contracts...
6 Pages(1500 words)Case Study
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 paper for FREE!

Contact Us