Land Issues in English Land Law - Case Study Example

Land Law Law Introduction: This paper will be dealing with three land issues. The first issue is Eve’s grazing of goats in the garden of The Hollies, the issue of Adam who apparently is renting one of the outhouses, and third Luke’s former boyfriend who is implying a right for the sold property. The common meaning or use of land law pertains to acquiring and selling of a property which is commonly known as conveyancing. Land law may pertain also to a person’s legal right on a property and also it pertains to the things under and above the land namely: water, oil, and sky. In England and Wales there are two existing system of conveyancing; the registered system or the unregistered. Land law looks after people’s conflicting and competing interest to the land. There are circumstances that people share title to the land. Sometimes people have rights over land that is owned by another. A freeholder may have the legal right to the land however he does not have the legal right to posses or use or even access the land (FindLaw ____). Land law in England can sometimes be complex and so are the scenario presented with this paper. I – What’s inside the deed? Whatever interest or right does Eve has pertaining to The Hollies shall be determined by the deed she had shown to Simon. The question of right therefore lies on the validity of the deed. According to Land Registry Practice Guide 8, a deed is very important when it comes to dealing with land. There are only few exemptions to this, but in general a legal interest over a land cannot be established or conveyed without a deed (s.52 (1), LPA 1925). A deed has to have the following elements in order to be accepted legally as Deed: It must be a written document It must be very clear on its face that it is a deed that the person or parties that are making it are indeed making it to be a deed. This can be done by calling, entitling, or describing the document as it is and to be executed as a deed. It must be validly put into effect as a deed according to the intention of the person or the people making it (s.1, LP (MP) A 1989). (Elements of Deed in English Law 2009) The “Elements of Deed in English Law” stresses the following elements in Execution of Deeds by Individuals: Signature, attestation and delivery. A signature must be properly affixed to a document executed as deed (s.1 (4), LP (MP) A 1989). The name of the person to whom the deed is being executed must appear on the document, and the signature must properly be affixed to it. The same should be true with the person or parties executing the deed with names appearing on the document indicating all the signatories of the said document. Attestation – a deed should show proper attestation or witnessing. A deed must be signed in front of a witness who attests the signature (s.1 (3), LP (MP) A 1989). The address of the witness must be provided in order for the witness to be located in case the need arises. Delivery – the person executing the deed must make clear in a way that it is expressed and implied in the document that he is making the said document to be a deed (s.1(3)(b), LP(MP)A 1989). (Elements of Deed in English Law 2009) II – If Eve is a lessee. There are two kinds of a leasehold title: the absolute and the good leasehold. To be able to hold a leasehold title, the person must first own the lease and second, it must be rewarded or granted by somebody who has the right or power to grant the lease (Swarbrick 2009). a. If it is a registered freehold title which means the land is a registered land, the lessee gets an absolute leasehold title. They are both content with the knowledge that the owner has the right to grant the lease (Swarbrick 2009). b. If the title is not a registered title which means that the Land Registry does not guarantee that title, the lessee is given a good leasehold title. It simply means that it is good as long as there is no reason to believe that the one that grants the lease is not the one that has the power to do so (Swarbrick 2009). III – if Eve is in adverse possession of the land. A squatter can acquire a title over an unregistered land through an adverse possession of the land under the provision of LA 1980. An adverse possession of the land can be said an adverse possession of the land if it has the fallowing elements: a. The squatter’s possession is factual – there is evidence of physical control b. The intention is present to possess the land – to posses and to exclude the whole world even the title holder of the land as far as the process of the law allows. c. If the possession of the squatter is without the approval or consent of the owner. Possession can never be said adverse under the description of Act 1980 if it is being done under a legal title and consent (Land Registry Practical Guide 5 2008). Before LRA 2002, a squatter could be a registered owner of a registered land if least the squatter is in factual possession of the land for at least 12 years; if the squatter is somehow exclusively (holding the key to the property or has fenced the property) working on the land; or if the squatter owned the adjacent land (Webber G ____). These are just some factors for adverse possession of a registered title. Eve’s grazing her goats on Simon’s land and her showing of the deed cannot be concluded that she is in adverse possession of the property. It is evident that what she is holding is a written agreement granting her right to graze her herds. There is no evidence of her using the land exclusively. There is also no indication that she has a factual possession of the land, or that she is excluding the world from the land. IV – Is it licensee or tenancy (Adam’s occupation of one of the outhouses for five years at $50 rent a month) A lease and a license are different. A license is a very informal agreement to occupy a property for a short or limited period of time. A lease on the other hand is much more defined and is bound within the specified set of rules. It comprises a continuing agreement and not set in a short period of time (Net Lawman 2009). The following describes a lease: a. There is a contract indicating terms of occupation b. The occupation is clearly stated and defined c. Services are not included in the rental fee, it can be declared as separate item d. The person who occupies the property is given exclusive hold on the property. e. The landlord cannot terminate the contract at anytime on a very short notice f. The person who occupies was given control over the property. (Net Lawman 2009) The above written descriptions fit Adam’s present position. Is Simon bound with the contract of the previous owner to Adam? If the tenant which in this case is Adam has a fixed-term and not yet ending, the person who bought the property is subject to that agreement (Tenants NSW 2008). V – Peter’s interest on the sold property as former partner of Luke. a. Peter’s right According to the law if two people (regardless of sex) bought a property with the intention of owning the property jointly but somehow failed to put both of their names on the document, will put the standing of the property on single ownership. However, the law would honor their agreement if it can be proven by the other person (the one whose name does not appear in the document) that it was their intention and acted upon that intention to co-own the property, and therefore share with the property. The following should be provided: A proof of their agreement, it maybe verbal or in writing. If the other party has contributed to the purchase of the property If there is a clear understanding between the two, and the one whose name does not appear as co-owner has acted to their loss, and as a result agreed to pay the mortgage repayment, paid the house bills, or maybe sold a property in order to contribute to the purchase of the property that is going to be owned by them. These proofs maybe honored by the court and agree with the sharing of the property (Net Lawman 2009). b. Is Simon legally bound with the agreement of Luke and Peter? When Simon bought the Hollies from Luke, he was not aware of any other agreement Luke made to other people especially so with Peter. The agreement between Peter and Luke is between the two of them as lovers and partners. Whatever right does Peter has with the Hollies as implied by his being partner of Luke will fall if ever proven under the joint tenancy law. Under the tenancy law whatever is the contribution of one another to the property does not have anything to do with the sharing. One thing is certain that once their joint tenancy or joint ownership is proven, the sharing of the proceeds will be equally divided between them. Thus Simon, the new owner of the property is not bound by the law to make any arrangements with Peter (Swarbrick D. 2009). Work Cited: Elements of Deed in English Law. ‘Elements of Deed in English Law’(2009) PDF, pp 5-6 FindLaw ____, Accessed January 10, 2010 at http://test2.contactlaw.co.uk/Land-Law.html Lawman ‘Co-ownership of property: Joint tenancy or tenancy in common (2009) Accessed January 10, 2010 at http://www.netlawman.co.uk/info/co-ownership-property.php Land Registry Practical Guide 5 (2008) PDF, p.4 Land Registry Practical Guide 4 (2008) PDF, p. 4 Net Lawman, ‘Lease or License’ (2009) Accessed January 10, 2010 at http://www.netlawman.co.uk/info/licenseorlease.php Swarbrick D., Leasehold title good and absolute (2009) Accessed January 10, 2010 at http://www.swarb.co.uk/lawb/cvrLeaseGood.shtml Swarbrick D. ‘Joint Tenancies and Tenancies in Common’ (2009) Accessed January 10, 2010 at http://www.swarb.co.uk/lawb/cvrJointTenancy.shtml Tenants NSW 2008 ‘My landlord is selling: What are my rights? http://www.tenants.org.au/publish/all_tenants/my-landlord-is-selling.php Webber G. _____, Pye v Graham, Accessed January 10, 2010 at http://www.propertylawuk.net/adversepossessionpyegraham.html Other Internet Sources: Pye v Graham (____) Accessed January 10, 2010 at http://www.practicalconveyancing.co.uk/content/view/8787/1109/ _______’The Law of Land (2010) Accessed January 10, 2010 at http://www.leaseholdguidance.co.uk/site/law www.Duhaime.org Read More