Since the Land Registration Act 2002 ("LRA"), it has been argued that rights over property have become much easier to deal with and to ascertain. Whilst this is true for registrable interests such as leases over seven years, certain overriding interests are unregistrable…
It is stated, in this case, that the property is registered; therefore, the relevant legislation is the LRA, although the original concept of overriding interests was established in the Land Registration Act 1925. Under the 1925 Act, certain overriding interests would only continue until the point at which the land is registered. As Shambles has now been registered, the rules relating to third party interests contained in the LRA must be referred to.
The first issue to be considered by Lance is that of Porter's ex- partner, Rina, who has been living in the property for a period of at least five years. On the assumption that Shambles became registered to Porter, after 1st October, 2003 and where the LRA is in force, then the rights attached to Rina will be in accordance with the LRA. The overriding interest of actual occupation existed under the 1925 Act in s70(1)(g). Whilst this old right still exists, it is now subject to the new law as contained in the LRA. Essentially, the overriding interest and the right of a third party in actual occupation will exist where there is actual occupation, at the relevant time, by the owner. This is important, in this case, due to the fact that there may be some debate as to whether or not Rina is, in fact, an actual owner, i.e. legally or beneficially entitled to the property. As Rina is an estranged partner of Porter, Rina may have a valid argument that she has an equitable entitlement to at least part of the property. Recent case law has suggested that, where both parties have contributed in some way to the property, even if it is registered in only one person's name, the court will determine the shares of the property to be held by each party, based on the course of dealings between them1. With this in mind, it would be necessary to consider the relationship between Rina and Porter and whether she could legitimately claim an equitable interest in the property (Abbey & Richards, 2007).
On the assumption that Rina can show an equitable interest, she would potentially be able to rely on the actual occupation interest as stated in Schedule 3, Para 2 of the LRA. This right would exist, provided it was not an interest under the Settled Land Act 1925, it was not a deliberate failure to disclose the right and the occupation would have been obvious on a reasonably careful inspection of the land in question at the time of the disposition.
Under the provisions in the LRA, there is no precise definition of actual occupation; however, case law previously heard under the 1925 Act is thought to be current and relevant under the LRA2.
Under the LRA, Rina will only forfeit the overriding status of her interest, if she would have been reasonably expected to declare her right to Lance. As Lance undertook his own conveyancing, it is unlikely that sufficiently detailed questioning was undertaken in relation to any adults in actual occupation. Moreover, in the absence of such questioning, it is therefore highly likely that Rina will not have sacrificed her overriding status, based on failure to disclose reasonably.
Furthermore, as Rina lived in the main property and has done so for 5 years, her presences and actual occupation would be reasonably noticeable to anyone who had made an inspection of the property. The facts suggest that Lance did not actually inspect the property, at all, due to his location in London and had he made a reasonable inspection, he would have been aware of Rina's occupation, prior to ...
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The concept of separate legal entity refers to existence of a company and the right that it acquires to sue and be sued in its own name, hold its own property and be liable for any debts accrued (Rose et al 2009). The important phenomenon in respect of separate legal entity is the concept of limited liability that is the liability of shareholders being limited to the extent of unpaid shares.
A novation ordinarily arises when a new individual assumes an obligation to pay what was incurred by the original party to the contract and the original debtor is totally released from the obligation, which is transferred to someone else (Law Encyclopedia).
At the same time, it is imperative to note that Paul had actually assumed full ownership of the entire property in question. In this Paul was the legitimate owner of the property then he passed over its ownership to Nitin and Miriam by virtue of sale. In this regard, as at October 2009, they became the landlords of this whole real estate property.
In legal parlance, a restrictive covenant is one in which the covenantee is restrained, or prohibited from performing a deed or action, mutually agreed upon, by covenant. Although restrictive covenants of the kind seen above between the original owner and the co-owner are valid under law, a question would arise whether similar restrictive covenant would be enforceable in the event of a new purchaser coming into the scene.
With the facts of the case given in the above cited case of Amy and Brian with regard to their purchased house in the name of Brian, hereto are the grounds for the claim of Amy in the aforesaid property to wit:
Based on the decided case Lloyds Bank plc v Rosset1 of the House of Lords which re-affirmed the essential elements of the establishment of a constructive trust it stated that, "(1) That the parties must share a common intention to share the ownership of the land concerned which may be either expressed or implied from the conduct of the parties; (2) That the party claiming beneficial intention by way of a constructive trust must show proof that she significantly altered her position
Legal owners mean people who are named on the title documents and the number of them would not exceed four. "Where the property is registered in the public District Land Registry (as all properties bought on or after 3 December 1990 will be), the legal owners are the people listed as the "registered proprietors".
However the townhouse does not have an island bench in the kitchen and you wish to take the one out of the kitchen in the sold house and move it to the new one. This would mean damaging the floor. You also wish to take some curtains which were included in the contract of sale but which you regard as chattels and therefore are able to take as they are just the right colour for the new house.
In the event of such cases, the leaned judges would take cognisance of the circumstances surrounding the cases and the question of carrying of equity, justice and fair judgement. The decisions would be bedrocked on the fact that the aggrieved party needs to be put back into a situation had the event not occurred, or the undue benefit derived by the other party set right according to provisions of existing laws.
Upon requesting Hill Bob to leave the land, Hill Bob stated that he had squatter's rights.
"Adverse possession is the taking of title to real estate by possessing it for a certain period of time. Title means ownership of real estate. The person claiming title to real estate by adverse possession must have actual possession of it that is open, notorious, exclusive and adverse to the claims of other persons to the title.
for; (6) the body which stipulates personal background and skills (soft and hard skills); and (7) the concluding paragraph which contains availability for interview, to provide additional information as deemed needed, and to look forward to a productive and mutually beneficial
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