LAW1122 Land Law

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Question:

Ruth Platt viewed Maple Lodge (a registered property) in February 2017.

Ruth purchased Maple Lodge in February 2017 from Gareth Evans. She also registered her purchase at Land Registry that month.

The property is comprised of a large detached home.

Ruth completed her own conveyancing in May 2017 for the owner of the adjacent property.

Tony Bowerman started erecting fencing in order to seperate Ruth’s fields from the paddock behind.

Ruth confronted Tony Bowerman.

Tony showed Ruth a lease that he had created using a deed granted by Gareth in September 2016 and for an 8-year period.

Tony explained to her that the land was to be used for expanding the donkey sanctuary that he operated from his property.

But, winter arrived shortly after the grant of lease. This delayed the start of project in July 2017.

Ruth was greeted by Marcus Jones, a nearby neighbor.

Marcus informed Ruth that he owned a right to use the Maple Lodge garden as a means of communication.

Ruth received a document signed by Gareth, in which he stated that Marcus was entitled to the right-of-way for the rest of Marcus’ life.

Ellen, a woman calling herself Ellen, showed up at Maple Lodge last week claiming she was Gareth’s sister.

Ellen stated that the house was her home. She claimed she also contributed money towards the purchase of this property in 1990, when Gareth bought it.

Ellen had lived there for the past three months until she became ill and was forced to leave. After that, Ellen went on a long holiday to Australia to visit her Oughts! Susan.

Ellen flew straight from the airport to her home and is now staying at a local hotel.

Ask Ruth if she is subject to any of the rights being claimed.

Answer:

Ruth Platt purchased Maple Lodge from Gareth Evans on February 2017.

Ruth discovered that Gareth had entered into various unresolved agreements while he was still the owner of Maple Lodge.

These issues included Tony’s eight year lease, right-of-way across the Maple Lodge gardens by Marcus and Gareth’s half ownership (Thomson (2016), p.512).

This paper will therefore discuss Ruth’s rights to the land as the current owner.

It is difficult to buy a home.

In general, the seller must disclose any major issues about the property.

After fulfilling his agreement, a seller may be entitled to damages if he discovers a defect.

Also, disclosure laws can change from time to time and vary between states.

The law requires that sellers disclose material defects in the property that could adversely impact its value, or pose an unreasonable threat to the public.

The buyer may only be able to get monetary compensation if the land defect is discovered after the sale (Haire 2016, p.24).

The buyer may also be liable for the cost of the defect if the buyer is able to prove that the seller knew about it.

The International Association of Certified Home Inspectors may find that the in-charge inspector was responsible. However, they could only be liable to pay the cost of the inspection.

English Law refers as land law, which is the law of real property.

This law covers the acquisition, protection, conflicts, and equitable rights to land.

The law represents three key features.

First, English law on land is distinct from European Union civil law.

It allows the seperation of the legal title and beneficial property ownership.

Trustees will have legal title to the land. However, the use, benefit and equitable title may be held by others.

It is not easy to acquire legal title to the land, but it can be obtained in a few simple formal ways.

Equitable title, on the other hand can be recognized due an individual’s contributions or other reasons only if the law considers it fair and just to recognize another stake in the land.

In this instance, the fair and just could apply to the issues related to Gareth’s sister’s right to the land as a result of her contribution.

The second characteristic is property rights. These are generally binding third parties as opposed personal rights that only apply to those who owe an obligation.

In most cases, property rights override personal rights.

Because English courts have historically been willing to require specific performance in order to remedy property rights interference, it is not surprising.

People with personal rights under English laws are treated differently to those with civil rights.

English law allows for the deferral of legal title to property to beneficial ownership.

If damages are not an acceptable remedy, then those with personal rights like contract performance are entitled to monetary compensation.

The English real estate law is based on the principle that real property only refers to land, and everything that goes along with it.

According to section 205(1)(ix), the Law of Property Act 1925, land is considered property of any tenant, mineral and mines, buildings, or heirlooms.

It also refers to easement rights and rent.

It first shows that land also includes physical items, such as buildings.

There are also intangible rights like easement, a right-of-way, and other rights.

English also recognizes two types ownership interests: the fee simple or the lease.

The fee simple gives the right to use the property for an unlimited amount of time. While the lease allows Tony to use the property for a set period of time (Satsangi (2009) p.253).

However, in these cases, the rights to use the land are limited by contract with neighbors and the requirements of the local council or government.

Trusts Of Land In Registered Transfers

Registered coveyancing may allow the person who is dealing with the registered owners to assume that they have the unrestricted power to dispose of the property. They are also exempt from any restriction that might affect the validity of the deposition, or one imposed under section 26 Lnd Registration Act 2002.

The buyer can legally obtain the legal property from anyone, even if two or more persons are registered as partners or joint owners, unless the register contains a contrary restriction.

The Form A is the restriction in this example. Ruth therefore had the right to purchase Gareth’s land without further consultation from her sister.

A restraint can be entered into when there are more than one person who wish to register a property.

A Form A restriction can be placed if the registrar is satisfied the applicants are the joint beneficial tenants according to section 44(1) (Jackson (2006) p.215).

Leases determination

A leasehold in land can also be cancelled in many ways. It may affect the registered title or title that was subject to the initial registration.

There are two possible ways to cancel a leasehold in land. The first is cancellation of notice not registered from the registered reversionary name (Verkuyten Sierksma &Martinovic 2015, p.881).

A second possibility is when the leasehold is registered and the reversionary properties are subject to an initial registration application or registered.

A third possibility is the conversion of a registered lease into a registered reversionary estate, which may be subject to an initial registration application or registered (Sampson 2016 p.23).

Ruth could, however, consider any incumrances impacting the leasehold property being determined and take necessary action to address them.

All incumbrances that are not subject to notice, frustration or forfeiture will be removed when the lease is determined (Editor’s introduction, 2016, p.280).

If a lease has been determined by disclaimer or surrender or merger, any incumbrances that have an effect on the leasehold estate must also be dealt with.

However, incumbraces that affect the registered leasehold title such as the noted charges, registered restrictions or cautions, should be cancelled, discredited or withdrawn and appropriate documentation filed to put them into effect (Lees (2013), p. 64).

In the same way, if the leasehold is not registered, any incumbrances such as a legal charge that could prevent the determination must be withdrawn or cancelled.

If there is a Form A restriction on a registered leasehold title, or on a registered reversinary, it will be difficult to identify the registered leasing by merger.

In contrast, determination is only possible if sufficient evidence exists to prove that all properties are held on the same trusts.

If the leasehold or reversionary property is not registered and there is an indication trust, the applicant must also provide satisfactory lodged evidence proving that they hold the property on equal trusts.

Also, if there is an A Form restriction in the registered leasehold, and the lease is being created by surrender, the surrender will be considered a disposition to the restiction purposes. (‘Land registry: unilateral notices’ 2014 p.15).

If the capital is paid from the premium by the land owner to the person who is offering the lease, and that surrender is made by a sole registered proprietor then the restriction will govern the surrender. The registered leasehold title must also remain open.

Other incumbrances like the subjective easements, restrictive covenats and others will also be carried forward to any registered reverse title, unless they are already repeated on the title.

Ruth may sue Gareth, if Gareth fails to disclose the leases or the involvement of his sister in the title’s ownership.

Gareth may be charged by the court for breaching the contact.

References

Cooper, S., & Lees, E 2017, Interests, Powers, Mere Equities and Modern Land Law. Oxford Journal Of Legal Studies, 37, 2,pp.

Editor’s introduction: Questioning The Commons: Power Equity and the Meaning Of Ownership’ 2016, American Journal Of Economics & Sociology.

Gardner, S 2014. ‘The Land Registration Act 2002-The Show on the Road’. Modern Law Review. 77(5). pp.

HAIRE, 2016 – Is your land lease fair?

Is it time to renegotiate your land lease?

‘,Southeast Farm Press.

Jackson, N 2006 “Overreaching In Registered Law” Modern Law Review, (69, 2), pp.

‘Land Registration changes’ 2004, Caterer & Hotelkeeper. 193, 4316, p. 62.

‘Land Registration: Unilateral Notices’ 2014, Estates Gazette. p. 15.

Lees E 2013, “Title by Registration”: Rectification. Indemnity. Mistake. Land Registration Act 2002″, Modern Law Review, Modern Law Review 76, 1, pp.

Sampson J 2016, ‘Estoppels and the Land Registration ACT 2002’, Cambridge Law Journal. 75, 1, pp.

Satsangi M 2009. ‘Community Land Ownership Housing and Sustainable Rural Communities. Planning Practice & Research. 24, 2. pp.

Thomson, H 2016, Rural Grievances, Landholding inequality and Civil Conflict, International Studies Quarterly. 60(3), pp.

Verkuyten M. Sierksma J. and Martinovic B 2015. ‘First Arrival & Collective Land Ownership. How Children Reason About Who owns the Land?’, Social Development. 24, 4, pp.

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