What are the specific laws concerning Property Rights and Car Parking in the UK - Essay Example

College Thesis: What are the specific laws concerning Property Rights and Car Parking in the UK Property Law on Car Parking Rights Rural Retreat and all residents who acquired 'free hold titles' to the parking area known as "Easy Access" still hold the same claim to the said property as before if they have a free hold that is "fee simple". All those who share common interests in the shared property should be aware there are three different types of 'free hold titles'. The first being a "fee simple free-hold title" simply stating what the complete interest in regards to the specific real estate can be. If said clients have a fee-simple free-hold title' then it entitles them to "unrestricted enjoyment of the property (subject to any relevant laws) including the right to dispose of property in any manner they see fit. This is also known as fee-simple absolution" http://www.consumerbuild.org. If residents possess a 'free-title life estate' then their rights will be limited in regards to the proposed property due to the understanding that they would not be the sole owner but considered a beneficiary instead. Finally, we come to the final type of 'free-hold title' which is "free-hold title stratum estate". It would seem that the developers of Rural Retreats and the investors deeds are similarly related in some respects to this lease amend even though they have actual titles of ownership. What makes them similar is the fact that stratum estate, "records ownership of common property. The owners, (being the realtors and investors) s hare ownership of the common property. The owners become shareholders in the main property holding company that manages common areas such as; a garden, pool, garage, parking space, lifts and laundries" http://www.consumerbuild.org. For Rural Retreats and the purchaser's of the development, their common property shared would be, "Easy Access". They have the right to even sell or lease out their percentage in the parking area otherwise known as, "Easy Access". Although the homeowners and Rural Retreats have individually acquired these titles, they will not protect them from any problems arising out of "Easy Access", due to the fact that the register didn't implement any statute of ownership in the title for the parking area itself. There are ways around this though and they are legal and very easily taken care of. If Rural Retreats and the owners where to leave the present situation this way they would have no protection for themselves, in other words there is no proof of ownership in reality. Title insurance is available for any said property not disclosed in the title registry. Having the insurance will offer the protection needed to insure the owner's interests in the property from being encroached upon under differing and abnormal circumstances "The coverage is for as long as you own the land and it's a 'no fault' insurance so it is not necessary to prove intent or negligence by another party" http://www.consumer.org . Furthermore, after researching this problem more thoroughly for Rural Estates' and the various purchaser's involved, they all need to be completely clear to the fact that although they each share a free title to their share of said property; it is in a restricted way. The title restriction they all face is a "covenant" type one. This is due to the fact they all share sections of the same property and in regards to that there might be instances w here they cross over on one another's private sections of property. Also, the "covenant" seems to be a restrictive one in the fact that at the initial drawing up of the titles' it was implemented that "a prohibition against using the land for commercial purposes or further building" would not be tolerated. The property would remain exactly as it claims to be, 'a parking area for the residents of Rural Retreats' titled, "Easy Access". http://www.propertyworldme.com. Another detail that Rural Estate realtors and investors need to recognize and be fully made aware of is the fact that since the property is not registered in their individual titles the ownership is in no way guaranteed by their specific states of residence. "The title can only be proven by a copy of the title deeds, and with unregistered property, disputes over the title are not uncommon" http://www.home.co.uk/guides/buying. One case that can be somewhat referred to in certain areas of debate is the case of 'Eve Leuma, Tavita Avegalio and Joseph Avegalio (plaintiffs) versus Tony Willis (defendant). During this case it was found by Justice Morrow that, "if unclaimed land is cleared and occupied for individual benefit, the court will find this sufficient to support a claim of ownership" http://www.asbar.org/cases>. This case would provide aid to Rural Estates and the owners because it proves through the courts own decision that as long as the lot is being maintained by that individual claiming to be the owner then proof is evident through the individuals own course of actions. So, case in point, as long as the individual claiming ownership doesn't abandon the property share and stay's up to date with routine maintenance, they'd be fine in proving definite ownership in a court of law. In conclusion of this research and upon obtaining credible information to assist Rural Retreats and property owners entailed as well; I would recommend the following. As property share owners of site, "Easy Access" it has been defined that though not in the registrar you do have unquestionable rights on the portion of your purchased land. By consulting a representative to obtain 'title insurance' for your own protection and well-being and also up keeping your property your insuring that it is indeed your land. Also, individual owners can take the required proof of documentation and their original title deed to the designated government facility for applying for a registrar of their property themselves. There is a 3 year time limitation on this so if it doesn't take place within that designated time frame then ultimately your forfeiting your right to claim the said property as your own. This is the most logical and legal course of action to take in this case. http://www.landreg.gov.uk/legislation. Reference page 1. 2004 "Dept. of Building and Housing" retrieved from the world wide web on 02, October 2005. http://www.consumerbuild.org.nz/publish/legal 2. 2001 "Institute of New Zealand" retrieved from the world wide web on 02, October 2005. http://www.consumer.org.nz/topic.asp 3. 2003-2005 "PropertyWorld Me" retrieved from the world wide web on 02, October 2005. http://www.propertyworldme.com/content/html 4. 1995-2005 http://www.home.co.uk/guides/buying/whichhouse.html retrieved from the world wide web 02, October 2005. 5. 1948, "Case of Eve Leuma, Tavita Avegalio and Joseph Avegalio versus Tony Willis" retrieved from the world wide web on 02, October 2005. http://www.asbar.org/cases/1ASR2D.html 6. 2004 http://www.landreg.gov.uk/legislation retrieved from the world wide web on 02, October 2005. Read More