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Course of GDL programme (Land law ) - Essay Example

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The issues that arise in the question are the possible interests that exist in cherry tree farm. The set of laws that rules that govern the area of land law can be categorized into two heads, the first being through the Land Registration Act (LRA) 1925 which will be repealed and replaced by the Land Registration Act (LRA) 2002, the other by Law of Property Act 1925 and the Land Charges Act 1972.
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Course of GDL programme (Land law )
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Download file to see previous pages The first requirement that is presumed not to be followed is of s.2 Law of Property (Miscellaneous Provisions) Act 1989, which states that a contract for disposition of land must be in writing and should be signed by each party to the contract. However from the fact it is seen that there has been conveyancing of property, thus it can be said that the registration of Brain as the new owner has taken place.
In registered land, the key rights interest and title are illustrated by the register which consists of three parts, that is the property register, the proprietorship register and the charges register. The property register demonstrates the type of estate held by the owner and further gives facts of the property. The proprietorship register on the other hand gives the name of the registered proprietor and goes on to state any restrictions or limitations which have been placed on the proprietor to deal with the land. Finally, the charges register lays down third party rights which exist on the estate.
Under the LRA 1925 the encumbrances that exist are classified into two categories, that is overriding interests, which bind the purchaser even if not mentioned on the register, and minor interests, which will be void against the purchaser unless the interests are protected through an entry on the register.
The overriding interest that can be relied upon by Wanda is s.70 (1) (g) LRA 1925. Under the LRA 2002 it has been stated that a person's right of actual occupation will be construed as an overriding interest under the LRA 2002. This section consists of, 'The rights of every person in actual occupation of the land or in receipt of the rent and profits thereof, save where enquiry is made of such person and the rights are not disclosed'.
It has been said that a person who does not have any legal or equitable right in land can get no benefit from s.70 (1) (g), nor can a person who not in actual occupation. (Strand Securities Ltd v. Caswell1).
In Williams & Glynn's Bank Ltd v. Boland2 it was stated that 'it is the fact of occupation that matters' and 'physical presence on the land and not some entitlement in the law' is required.
Further it has been stated that the purchaser will be bound by all the overriding interests that exist at the time of the date of registration. (Abbey National Building Society v. Cann)3
The courts have dealt with the issue of what happens if an occupier of the lan is absent for a temporary period in Chhokar v. Chhokar4, where a husband in order to divest his wife from claiming an equitable interest in the matrimonial home, carried on and completed a sale of property to his collaborator, while his wife was in the hospital. He then escaped with what he got from the proceeds. Finally when the wife returned she was refused her interest because of not being physically present on the land, at the time of registration. The Court of Appeal took into account of the fact that her furniture had been there at the house, thus it was held that she was in occupation and so the purchaser was bound by the overriding interest. This case would seem to have settled the issue, however there is a problem which has been said to be in existence, that is the courts did not make any reference whatsoever, of the LRA 1925, thus it ...Download file to see next pagesRead More
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