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A central problem addressed in the 1925 Property legislation was how to cope with the fragmentation of benefit created by the widespread use of trusts in relation to land. Discuss. How has subsequent legislation sought to deal with this enduring problem - Essay Example

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205 (1)(ix) defines land as constituted by “the surface, building, or parts of buildings” and everything else that is linked to the said land and as such becomes part of that land with respect to the Latin maxim of quicquid plantatur solo,…
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A central problem addressed in the 1925 Property legislation was how to cope with the fragmentation of benefit created by the widespread use of trusts in relation to land. Discuss. How has subsequent legislation sought to deal with this enduring problem
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Extract of sample "A central problem addressed in the 1925 Property legislation was how to cope with the fragmentation of benefit created by the widespread use of trusts in relation to land. Discuss. How has subsequent legislation sought to deal with this enduring problem"

Download file to see previous pages In more straightforward terms co-ownership law is always in operation when two or more people are entitled to ownership of property at the same time, either leasehold or freehold (Dixon 115). The co-owners of property may be related as romantic partners, husband and wife, neighbours, friends or business partners, for example: Rodway v Landy (2001): a doctors’ surgery. In other words law on joint tenancy is a law that governs dealings with property which is ideally owned simultaneously by more than a single individual (Dixon 115). This law is not specifically associated with the property law problems that characterize unmarried or married couples. Law on joint tenancy is not a species of family law. A significant majority of problems that characterize jointly owned property often stems out of breakdown in emotional relationships as well as falling out between friends or the inability to service mortgages. Despite the fact that the above described are the primarily causes attributed to the problems in property, the law on co-ownership is not designed to serve these domestic eventualities. Of significance importance is remembering the fundamental and the nature of property law in discussions of land issues.
The law that concerns co-ownership is found in the 1925 legislation on property primarily, The Law of Property Act 1925 (LPA1925) as well as TOLATA (1996) Trusts of Land and Appointment of Trustees Act. The last Law was a repeal of the 1925 law. In addition economic and social changes have greatly impacted the frequency with which joint tenancy arises as well as the consequent that comes up as a result of these joint tenancy. It is simply not feasible to limit joint ownership to large estates in the U.K or to land that is held for purposes of investment. It is neither true that joint tenancy only arises on deliberate conveyance of land to two or more individuals. A significant proportion of modern joint ownership ...Download file to see next pagesRead More
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