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Land Law

Question: LAND LAW ASSIGNMENT
Mr. Walsh & Miss. Kirby are co-habitees and have now decided to establish a business together running a fish and chip shop. Both have children from previous relationships and Mr. Walsh has just sold his property in which he had lived with his former wife. He has been awarded half of the proceeds as part of his divorce settlement. Mr. Walsh has made an appointment for some advice as to how they should finance the venture and the methods by which they could co-own the property. Equally they would like some information regarding freeholds and leaseholds.
Mrs. Walters has requested that you research the relevant issues and provide him with a report outlining your results. In particular it should deal with freehold, leasehold, joint tenancies and tenancies in common. The clients should be provided with some clear advice.

Answer: The term co-ownership refers to two or more people owning land at the same time. Also whenever, the land is co-owned there is a trust held upon the land. There are two main types of co-ownership a joint tenancy and tenancy in common. But before 1925 there were four co-ownership the other two are tenancy by entireties and coparcenary. Joint tenancy: Is ownership in which the co-owners are not reg......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: What is a lease?

Answer: By virtue of s 1 of the Law of Property Act 1925, a term of years absolute in possession is one of the two estates in land that may exist either at law or in equity. The term of years (or lease) is, consequently, one of the major forms of land ownership in England and Wales.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: LAND LAW CASE STUDY: Paula and Paul, brother and sister, have recently discovered that their l7 year-old nephew Frank has been orphaned in a road accident and that they are his legal guardians. In anticipation of Frank coming to live with them, they decide to buy a bigger house with their savings and with some of the money left to Frank by his parents over which they have lawful control until Frank is 18. The new house, title to which is unregistered at all material times, is expressly conveyed into their joint names as legal and equitable joint tenants. There is no mention of the fact that Frank’s money was also used. Frank arrives and Paula and Paul employ a live-in personal tutor, Matilda. Matilda lives in a self-contained part of the house for which she pays Paula and Paul £70 a week. Unknown to Matilda and Frank, Paula and Paul sell the property to Perry. Perry is told, and believes, that Frank and Matilda are the vendors children. Advise Frank (who is now 18) and Matilda as to their right to stay in the property. Is the law in this area satisfactory?

Answer: In this problem, we are faced with the difficulties that can arise from the operation of the trust of land and the overreaching provisions of the Law of Property Act (LPA) 1925 as the mechanism for regulating concurrent co-ownership.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: To what extent have the courts recognised contractual licences as interests in land? Why is the issue important?

Answer: A licence is classically defined in Thomas v Sorrell (1675) as a permission to use land belonging to another which, without such permission, would amount to a trespass. It is the consent of the estate owner to the use of their land by another.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: To what extent is it possible to predict the circumstances in which a plea of proprietary estoppel will be successful and the consequences thereof for the person against whom the estoppel operates?

Answer: The exact purpose or role of proprietary estoppel is a matter of some debate. On the one hand, and in similar fashion to the related doctrine of promissory estoppel, proprietary estoppel can provide a defence to an action by a landowner who seeks to enforce his strict rights against someone who has been promised some right or liberty over the land.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Analyse the methods by which legal and equitable mortgages might be created since 1925. What was the purpose of the 1925 reforms?

Answer: All land has an economic value, and a mortgage is one of the most effective ways by which an owner may realise it. Although today the mortgage is most commonly employed to enable the purchase of land in the first place, the true nature of a mortgage is that it is a lender’s security for money lent to the borrower.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: To what extent have recent decisions of the House of Lords clarified the circumstances in which a person may plead ‘undue influence’ as a defence to a mortgagee seeking to exercise its remedies under the mortgage?

Answer: The law of undue influence may be called in aid by a mortgagor seeking to avoid the consequences of a mortgagee’s exercise of one of its remedies. Often, it is pleaded as a defence to a possession action and, if successful, may prevent the moortgagee realizing their security.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Analyse the way in which third party property rights are protected in unregistered conveyancing. Can we say that the Land Charges Act 1972 was successful?

Answer: Before the 1st January 1926, the conveyancing system in England and Wales was under considerable strain. On the one hand, purchasers of land were faced with many difficulties when trying to establish whether any other person had rights or interests in that land and, on the other, an owner of an equitable interest in that land might find that the interest was destroyed by a simple sale to a purchas......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: To what extent did the Trusts of Land and Appointment of Trustees Act 1996 alter significantly the statutory scheme regulating co-owned land?

Answer: Concurrent ownership of land describes the situation where two or more persons are entitled to the simultaneous enjoyment of property, whether that land is to be used for commercial or residential purposes. Prior to the 1925 legislative reforms, there were several forms of co-ownership: in other words, the legal relationship between the individual co-owners could take various forms.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Critically assess the remedies available to landlords for breach of covenant by their tenants. What factors may influence a landlord when deciding which remedy to pursue?

Answer: One of the notable advantages of the leasehold estate is that it allows two or more persons to use and enjoy property at the same time. In the typical case, the tenant will enjoy occupation and physical use of the property even to the exclusion of the landlord, but the landlord will reap the benefits of allowing that exclusive occupation in the form of rent and profits.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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Land Law

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