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The law in general can take various forms like land law, property law, criminal law, constitutional law and administrative law among others. The rule of law, as is has been perceived, is always better for the society compared to the law of any individual.
It is observed in the case that Teresa has won a huge sum in the lottery. She decides to make certain investment with the amount that she has own. With that intention, she purchases a Splendour House at the middle of the town. The house that Teresa has purchased was in the sole name of James. As it is said in the case that house was duly transferred to Teresa’s name in the month of August of 2009 and was also registered in her name. Therefore, as it applies from the course of events that it is a mere straight forward case in favour of the new owner, Teresa. But that is not the case. There are three different parties involved those have interest with the Splendour House and they claim to have certain rights upon the house.
Roberta is the step mother of James. Though step mother, it seems from the case that she has stable relationship with James, the previous owner of the Splendour House. Roberta has been an independent and wealthy lady by herself. Her relationship with the house is that she often comes to the house to stay as and when she feels that she needs a break from her husband, Edward, as they are not having the best of the relations. Her interest of the house is also guided by the fact that she had contributed almost 25 % of the purchase price at the time of the purchase of the house by James. Also, it is clarified that an express trust was drawn up for her interest. Now the question is that whether Roberta still holds her right even after the house is sold to Teresa. Though, Roberta helped James while the purchase of the house but the fact is that the house was in the sole name of James. There is no legal document
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This research will begin with the definition of law as a set of rules in a jurisdiction that governs people’s behavior. It defines rights and obligations of individuals and provides outlines for dealing with disobedience to its provisions. There are a number of classifications of law, one of which is the classification by subject.
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However, the other parts remain essentially similar. There are rules that warrant an individual right over their property and permits them to alter several aspects of the property at will. Normally, we gain property without proper guidelines as we take the role of ignorance due to improper guidelines.
Based on the Lands Registration Act of 2002 s 1 (1) which incorporates various laws and legal issues concerning land transfer and ownership, once Abigail sold the house (which is an instrument of land according to these land laws and Acts), she transferred all legal rights and liabilities to Stephen the new owner and just as it happened in British American cattle Co v Caribe Farm Industries (1998) 1 WLR 1529, Stephen gets awarded the new certificate of ownership by registrar on transfer of ownership.
However, legally Thomas is on the wrong for illegally encroaching on the council’s land, which now belongs to Edward. However, he has legal grounds to reverse this decision according to the law. Encroaching is the act of something or someone illegally crossing and occupying another person’s land.
The authors further state that on October 13, 2003, the Land Registration Act 2002 and the Land Registration Rules 2003 came into force, repealing and replacing previous legislation governing land registration, the Land Registration Act 1925, which initialled a different system of land registration.
However, being enthusiastic yet somewhat inexperienced, he has purchased the property without taking legal advice, believing that it would make the process quicker and would keep costs down. Unfortunately, now that the sale has been completed and Simon has started
shed from the proprietary rights in that proprietary rights provides the capacity to bind a purchaser of the land while personal right is only binding to the person who gave the right. Technically, all lands belong to Crown under the English jurisprudence of land laws. However,
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