Nobody downloaded yet

Land law - Essay Example

Comments (0) Cite this document
Summary
Land law Name: University: Course: Tutor: Date: Introduction A tenancy is an agreement that outlines the rights and responsibilities of both the tenant and landlord1. A tenancy agreement in land law is formed between the owner of the land, the landlord and the tenant…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97% of users find it useful
Land law
Read TextPreview

Extract of sample "Land law"

Download file to see previous pages A tenancy agreement vests an interest in the land unlike license agreement whereby the individual is only granted personal interest by the owner of the land and such interest can be revoked at anytime without any notice2. In differentiating tenancy agreements and license, the intention of the parties at to the nature of agreement is irrelevant; the only determining factor is the intention to grant the party exclusive possession of the property3. A license agreement grants the individual a personal privilege which is revocable at the will of the person granting the license. In tenancy agreements, a letter conveying the transfer of interest in the land to the tenant is mainly used as the evidence of exclusive possession of the property. The licensee is required to use the real property according to the terms set out in the license agreement while the licensor remains with the exclusive possession and control of the property. A license only makes acts that would be considered unlawful like trespass to be lawful. For instance, a license agreement allows the licensee to walk through the land of another or keep his goods in the land of the licensor without being prosecuted for trespass. A gratuitous license can be revoked by the licensor without any notice if the licensee contravenes the terms set out in the agreement or when the licensor desires to end the license4. A tenancy agreement mainly covers a term not exceeding more than three years but there is no express requirement that it should be executed by a deed. The interest of the tenant in the tenancy agreement is protected from third party interference, even without any formal registration as long as the tenant has paid the market rate rent for the property. Tenancy agreements can be created by contract law or common law. A fixed term tenancy covers a fixed period of time whereby the tenant is required to vacate the premises at the end of the period5. Some tenancies are created by common law whereby the tenancy continues indefinitely until it is terminated by provision of notice. In this type of tenancy, the tenant continues to pay rent in periodic terms until both the landlord and tenant provide each other with a notice of intention to terminate the tenancy. A tenancy at will is another form of tenancy that is created by common law. In this type of tenancy, the tenant will occupy the real property either with express or implied consent of the landlord. This mainly occurs when a pre-existing fixed term tenancy expires and the tenant continues to occupy the property up to the time a new tenancy agreement is created or until the landlord requires the tenant to vacate the property6. Another form of tenancy is tenancy at sufferance which occurs at the end of fixed term tenancy holds over to the property and the landlord does not give an indication of consent or objection of the tenant continuing to occupy the premises. If the landlord requires the tenant to move out of the property, the continuing occupancy of the property by such a tenant amounts to trespass. If the tenant pays rent which the landlord accepts, the tenancy changes to periodic tenancy. Tenancy agreements contain covenants and conditions which parties are prohibited from breaching. Covenants impose obligations on one party for the benefit of the other party while conditions refers to even that may occur or not occur leading to the termination of the tenancy. A breach of a covenant will make the landlord ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Land law Essay Example | Topics and Well Written Essays - 1500 words - 1”, n.d.)
Land law Essay Example | Topics and Well Written Essays - 1500 words - 1. Retrieved from https://studentshare.org/other/1399605-land-law
(Land Law Essay Example | Topics and Well Written Essays - 1500 Words - 1)
Land Law Essay Example | Topics and Well Written Essays - 1500 Words - 1. https://studentshare.org/other/1399605-land-law.
“Land Law Essay Example | Topics and Well Written Essays - 1500 Words - 1”, n.d. https://studentshare.org/other/1399605-land-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Land law

Land Law

... 1995, which means that leasehold contracts entered into before it, are governed by common laws and other statutes in effect at that time. There are significant amendments introduced by the law, among which, is the release of a lessee from the contract once the contract is assigned to another. An author calls this a “mortal blow to the principle of privity contract” in leasehold contracts.1 The problems discussed in the preceding pages are based on a leasehold contract entered prior to 1996 act but involves a freehold purchase after 1996. A couple of problems involved easements, which calls for the application of the relatively new Land Registration Act 2002. The last one tackles adverse possession, also governed by LRA 2002... . Privity of...
9 Pages(2250 words)Essay

Land Law

...?Land Law Essay Introduction In order to determine Noddy’s remedies against Toy Town Motors Ltd. and Bigears it is necessary to first define the typeof interest that the arrangement with Bigear created. In other words, the main question is whether or not permission or the licence to use Redcap created a personal interest or a proprietary interest in the land. If permission to use Redcap is personal, Noddy’s remedies will exist under the law of contract. However, if the permission/licence to use Redcap created a proprietary interest in the land, Noddy’s remedies are founded on principles applicable land law. These...
10 Pages(2500 words)Coursework

LAND LAW

...? Land Law [IDs] Number Prof] The issue in this question requires an analysis of the law on easements and whether the right of way that was used before the land was registered can be enforced once the land has been registered. An easement is one that provides a benefit to the dominant tenement that is the land that benefits from the easement, thereby allowing the person who owns the land to use the easement. The second aspect of an easement is that since there is a benefit that is conferred there is burden on the servient tenement that is the land that has been burdened by the easement. An important principle in respect of an easement is that it is a proprietary interest and subject to the laws on registered and unregistered land... can...
4 Pages(1000 words)Essay

Land Law

...Land Law-Assignment 2 Introduction A mortgage is a registered security on possession that permits the mortgagee or lender to take and put up for sale the property if the mortgagor fails to repay the money. It can be placed on goods or real estate, if money is borrowed to buy it. Lenders are required to send a reminder notice or letter of demand if payments are defaulted1. If the payment default is not corrected as expected in the demand letter, the lender should send a default notice, making it clear how he will remedy the default to allow the borrower a maximum period of 30 days as per the date of the note to do so. When a mortgager of residential property fails to repay his mortgage, he will find it...
5 Pages(1250 words)Essay

LAND LAW

...? Land Law Case Study Scenario Terrance/Theresa Terri Staines -and- Leemond/Leah Lee Vowles submission Introduction Land law is concerned with the bundle of rights persons may exclusively have in time over a given situation. It defines the range of functions persons may exercise in given situations at a given time, the so called functional theory of property. The idea of property in land is a consequence of social evolution regardless of the origin of the property and the legal system recognizes a category of rights relating to a property. Property law declares what society regards as property, it creates or constitutes property rights,...
4 Pages(1000 words)Coursework

Land Law

...?Running Head: LAND LAW Land Law of the United Kingdom of the of the Land Law of the United Kingdom Land law of the United Kingdom can be explained as the law of real property in England and is a significant aspect of society and its people. Land law can be further elaborated under the context of the statement, “of course it is necessary for conveyancing to be made as easy as possible, and for purchasers to be protected. However, this should not be at the expenses of beneficial interests”. For explaining this statement in relation to land...
14 Pages(3500 words)Essay

Land law

...? Land Law and Land Law Facts Mishal and Rick bought a house, Number 46, on a registered freehold title land from Anjum in July for ?350,000. Mishal and Rick then registered as proprietors shortly after completion. Number 46 is a large, Victorian, semi-detached house with a self-contained basement flat. Rick’s mother is planning to move into the house next year. Last week Mishal and Rick came home from work only to find a man called Ned in the basement flat. He explained that he has been away in Paris for six months work. He also explained that in 1995 he bought a twenty-year lease of the flat from the then owner. The owner later sold the house to Anjum...
8 Pages(2000 words)Essay

Land Law

...Land law Land law Introduction According to Kevin gray, ‘immunity from pre-existing equitable rights guaranteed only in the case of the purchaser of a legal estate whose conscience was wholly unaffected, such as purchaser was sometimes known simply as Equity’s Darling1. The doctrine of notice has undergone transformation with the enactment of various laws such as law of Property Act 1925 that clarified the status of bona fide purchaser and Law Charges Act 1972 that outlined the charges to land that must be registered2. According to unregistered title to land before 1925, the legal...
12 Pages(3000 words)Essay

Land Law

...LAND LAW: A CASE STUDY 28th November, Introduction In this paper, I have referred to the land laws to provide advice to a client, Joan, who is interested in buying a townhouse from its current owner, Peter. The Land Registration Act (2002) governs how land is registered in the UK, the rights of individual parties when transacting with a piece of land, and encourages voluntary registration of land. Background Peter, a resident of Southpool owns a townhouse. However, he wishes to move into the countryside and decides to give up the townhouse for renting. He thereby converts the houses into flats, and rents...
7 Pages(1750 words)Essay

Land Law

...lands belong to Crown under the English jurisprudence of land laws. However, both personal and proprietary rights to land exist and an individual may not technically own land but a series of rights related to the use of the land1. From a jurisprudential standpoint, the distinction between personal rights and proprietary rights to use land is critically important today as it was in the past. This is particularly because land leases remain personal property in the contemporary English property laws. As such a clear distinction between personal rights and proprietary rights may be required in solving a wide...
12 Pages(3000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Land law for FREE!

Contact Us