LAND LAW - Essay Example

Only on StudentShare

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, ...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
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 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
The register of the title is broadly intended to operate as a mirror, reflecting the potential disponee (and to any other interested person) the totality of the proprietary benefits and burdens which currently affect the land`. Illustrating with decided cases, consider the extent to which overriding interests detract from this fundamental principle.
9 pages (2250 words) Essay
Land Law Essay
The mortgage was redeemed in 2005. In 2003 Horace granted a 10-year lease of the garage to their neighbor, Nicola. In 2005 the attic was transformed into a self-contained flat for their son, Simon. They all agreed that Simon would live there until January 2010.
7 pages (1750 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
The Land Registration Bill
The author states that the fundamental objective of the Bill was implementation and strengthening the mirror principle, i.e., the register should be a complete and accurate reflection of the state of the title of the land at any given time, so that it is possible to investigate title to land on line, with the absolute minimum of additional enquiries.
17 pages (4250 words) Essay
INTERNATIONAL FINANCIAL MANAGEMENT
It is also important to note that the Shell has the regional presence wherein regional centers are mostly controlled by the local as well as international representatives of Shell appointed as country managers. As such
2 pages (500 words) Case Study
Find out how much would it cost
to 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