StudentShare solutions
Triangle menu

LAND LAW - Essay Example

Not dowloaded yet

Extract of sample
LAND LAW

A tenant is the 'owner' of land, albeit temporarily and subject to restriction but equally he is a consumer contracting for the provision of 'service'. In Bruton v London & Quadrant Housing Trust1, have upheld the existence of contractual, non-proprietary rights lease where the landlord has no proprietary estate from which to grant a proprietary lease.
However, it must be created in the proper manner and it must satisfy the definition contained in LPA 1925 s. 205(1)(xxvii). The 1925 scheme was reformed in 1986 (Land Registration Act 1986) and again by the 2002 Act, which has been accused of introducing yet more confusion to the law of leases.
There are 3 kinds of lease, legal lease, equitable lease and tenancies by estoppel. Legal lease created by deed, this includes periodic tenancies (LPA 1925 SS. 52, 54). Due to the doctrine of Walsh v Lonsdale2, a contract for a lease operates as an equitable lease without any further action being necessary. The LP (MP) A3 1989 s. 2 supersedes s. 40 of the LPA 1925. A tenancy by estopple operates where the landlord has no title to the land when a lease is granted.
The LRA 2002 has made substantial changes to the formalities required for leases, most of which require registration or protection on the land register. Three types of lease are recognised by the 2002 Act:
Most leases, Leases requiring substantive registration:
Leases requiring protection by a notice on the register.
Short leases, which override the register.

Most leases, which fall outside the scope of compulsory first registration, can be enforced either if protected by a notice on the register or if they fall within the overriding category. The ultimate aim is for as many interests as possible to be entered on the registered. But Leases of three years or shorter cannot be protected by notice and so are 'only' overriding. Short leases (not exceeding seven years) can override the register.

Where the tenant is in actual occupation, this protects his Leases on first registration (Sched. 1 para. 2), or on a transfer either under the 'old' law (LRA 1925 s.70 (1)(g)) or the LRA 2002 (Sched. 3 para. 2).

In Street v Mountford4, Lord Templeman suggested that there are three characteristics of a lease, these are exclusive possession, a determinate period, for a rent or other consideration. Exclusive possession means that the tenant has control over any one who enters the premises and can exclude everyone, including the landlord.

There will be no exclusive possession if: the landlord is entitled to move the occupier at any time from one room to another according to Westminister city Council v Clarke5, there was held to be no exclusive possession. Someone merely has exclusive occupation, such as a hotel guest or a student in a university hall of residence or a resident in a nursing home (Abbeyfield) (Harpenden) Society Ltd v ...Show more

Summary

A lease of land involves both proprietary and contractual rights for both the landlord and the tenant, and so is subject to contradictory pressures. In order to evaluate how rights and interests in land are acquired, protected and lost it is necessary to discuss creation of lease, protection of rights and interest and termination of lease…
Author : fbeer
LAND LAW essay essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"LAND LAW essay"
with a personal 20% discount.
Grab the best paper

Related Essays

Land law-problem essay
Easements are classified as positive or negative. Positive easements include right-of-way, right of access and right to use a portion of another’s property whilst negative easements include easement of light and view, easement to drain water, among others.
8 pages (2000 words) Essay
Land Law Coursework
However, the other parts remain essentially similar. There are rules that warrant an individual right over their property and permits them to alter several aspects of the property at will. Normally, we gain property without proper guidelines as we take the role of ignorance due to improper guidelines.
6 pages (1500 words) Essay
Land Law paper
The authors further state that on October 13, 2003, the Land Registration Act 2002 and the Land Registration Rules 2003 came into force, repealing and replacing previous legislation governing land registration, the Land Registration Act 1925, which initialled a different system of land registration.
16 pages (4000 words) Essay
Land Law Bachelor Essay
With the passing of time, certain shortfalls may come to light. Dissatisfactions can arise because certain information was not disclosed by the previous owner deliberately or unintentionally. Hence, it is necessary to acquaint oneself with every detail about the property about to be purchased.
6 pages (1500 words) Essay
Land Law College Essay
First, in respect of restricting Ms Brown to constructing only one building on the land sole by you to her, the requirement is that you register such a notice that you will give her. There are several cases in which the courts have permitted such restrictive sale of land, especially where there is overlooking.
2 pages (500 words) Essay
Land Law Master Essay
Discuss the following statement: “The law relating to appurtenant rights over freehold land, such as easements, covenants, rent charges and profit a prendre”
12 pages (3000 words) Essay
(Land Law Essay) Critically discuss the extent to which you consider that the changes to the law relating to overriding interests introduced by the Land Registration Act 2002, will assist purchasers of registered land
The creation of the 2002 Land Registration Act brings about a revolutionary change in the way conveyancing in Wales and England is carried on, and also to create a modern land registration system1. The primary aim of the Land Registration Act
6 pages (1500 words) Essay
Land law
It can be apparently observed that Hild drafts the agreements on the basis of which the payments are received in the form of license fees and not as rent. In this respect, the essay emphasises providing valuable advices to
7 pages (1750 words) Essay
LAND LAW
he is not to impose any liability that is considered personal .William has applied for a loan and used the piece of land he owns as security the two hundred thousand pounds by the Loamshire building society. The loan is to be secured by a legal charge over the abbey farm the
9 pages (2250 words) Essay
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation