High school
Coursework
Finance & Accounting
Pages 10 (2510 words)
Download 0
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 type of 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…

Introduction

These principles are found in the law of licences and the doctrine of proprietary estoppel. I. Remedies Prior to 1990 Prior to 1990 the law appeared to take two opposing positions relative to the extent to which licences created interests in land. The original position was stated in the early case of Thomas v Sorrell. In this case Lord Vaughan ruled that with respect to a licence, it neither passed nor modified “or transfers property in anything.”1 In other words, a licence merely functions to create a personal interest relative to the parties to the licence and as such does not operate to create an interest in land. The effect therefore is that the licence cannot be enforced against a third party. This principle of law prevailed and was indorsed by the House of Lords in King v David Allen and Sons, Billposting. In this case the House of Lords pointed held that a licence did not create a proprietary interest in land and as such could not function to be enforceable against a third party.2 Dixon explains however, that this unequivocal approach to licences was incapable of application across a board spectrum of circumstances. ...
Download paper
Not exactly what you need?

Related papers

Land Rover Sustainability Accounting and Accountability Analysis
Sustainable development aims to fulfill the present needs without harming the possibility of not fulfilling the future ones. In today’s era, where companies give sole importance to economic growth the concept of sustainable growth becomes all the more important. As globalization continues to spread there is a steep rise in the ways through which companies and individuals can increase their…
contract law
In order to determine whether there was a valid legal contract between Mr. Spike and Mr. Tom and to best advice the parties it is necessary to discuss the above mentioned essential elements for formation of a contract and how the presence of each element is achieved. An offer has been defined as an expression of willingness by one party known as the offeror, to contract or be bound on stated…
Law of Tort
Nevertheless, Gearty reports, an action in private nuisance now covers a wide array of malfeasances such as “smelly oil depots, noisy speedboats” as well as “dangerous natural hazards” and can even cover using one’s premises “for prostitution.3 It therefore follows that the manner in which an individual uses his/her own land can interfere with another’s enjoyment of his/her land.…
Land Law
The Court of Appeal provided that the four essential characteristics of an easement must exist. First there is required to be a dominant and servient tenement in which a benefit (to the dominant tenement) and burden (to the servient tenement) are each defined. Secondly, the easement must be capable of benefiting the dominant tenement. Thirdly, the dominant and servient tenement must own and occupy…
Land Law
Under the common intention constructive trust, when one cohabitee held legal title to property, cohabitees would share the equitable interests whether or not they had made direct contributions to the purchase of the property provided the non-legal owner could prove that there was a common intention that the parties would share the beneficial interest. Moreover, the non-legal owner must also prove…
Land Law
This paper examines the major differences between fixtures and fittings by reference to case law. Distinguishing between Fixtures and Fittings The early case of Holland v Hodgson is a good place to start as it established two test for distinguishing between fixtures and fittings. In this case, the question was whether or not looms that had been installed at a factory could be regarded as part and…
Company Law
Further, company law largely interprets business law to the affected parties. Business just like any other discipline, which involves interaction between two or more parties, cannot be wholly exonerated from instances of conflicts (Emerson, 2009). Business law attempts to address diverse issues in a business. It enables swift and efficient enforcement of contracts. In addition, it ensures adequate…