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Property rights under land laws - Case Study Example

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Property rights come under land laws which are enforceable on people indulging in a 'proprietary' transaction. This proprietary nature of land laws is very different from personal nature and legal aspects of law pertaining to other fields where the broad spectrum of law is applicable…
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Property rights under land laws
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Download file to see previous pages Similarly, a lease is a payment made by a person to the owner of the property for his or her use of the property. In this case, a verbal lease was agreed between Imran and Zac and Julie. We will discuss, how Emile, can treat a verbal lessee, after gaining control of the property in the latter part of this essay. Similarly, this case will also look at the position under which Aunt Mildred is in because her share in the property is not documented and how things could have been different if her share would have been documented.
JULIE AND ZAC sells the property which was registered in their name to Emile. In other words, the rights of ownership of land are transferred from ZAC and JULIE to EMILE. However, even after the ownership of the land has changed, the parties to whom the property rights were granted in the form of lease, easement and deeds remain intact. In other words, it is binding upon EMILE to honour these rights. The proprietary nature of the rights is such that it is enforceable on parties other than the original signatories of these contracts. This relationship is expressed in FIGURE 2.
The above clause clearly shows the fact that Imran, Rajindar are going to continue to enjoy these rights provided by the original owners Zac and Julie. These rights are supported by the LAW in section LPA1925.2
However, as far as Aunt Mildred is concerned, she might face difficultly as her name is not registered as partial owner and her share is not documented unlike Zac and Julie. Since, her name is not included as the partial owner of property, she is not the rightful owner of the property and she has not legal rights over the property in legal terms. As a result of this, unless Zac and Julie decide to pay her back, or she hires a tactful lawyer to have her claim over Zac and Julie settled, she enjoys no rights over the p ...Download file to see next pagesRead More
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