LAND LAW essay

Masters
Essay
Miscellaneous
Pages 6 (1506 words)
Download 0
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…

Introduction

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, ...
Download paper
Not exactly what you need?

Related papers

Land Law paper
This Act, together with the Rules, regulates the role and practice of HM Land Registry (The 1925 Reforms and Unregistered Land Law, 2006). The Land Registration Act 2002 simplified and modernised the law of land registration. It also makes the register reflect a more accurate picture of a title to land. It is intended to facilitate the introduction of e-conveyancing1. This Act makes some major…
LAND LAW essay
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.…
Land Law Bachelor Essay
It becomes time consuming and difficult to have the seller handle any lacunae that arises in the said property later on.…
Land Law - Land lease
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.…
Land Law Essay
Simon paid 500.00 per month for the flat. Last week Wynona came home from a month's holiday in Capri to find that Horace has disappeared. She has learnt that while she was away he sold Manor House to Pavel. Pavel has just moved in. Pavel has done his own conveyancing and is surprised to find that Wynona and Simon are both living in Manor House and that Nicola continues to park her car in the…
Land Law College Essay
Second, in respect of the usage of the pathway to reach the highway, unless it constitutes the only access to the plot the courts will normally not allow such a right. However, in your case the round about way will increase the distance you have to travel by about a mile, further considering the fact that you are a senior citizen the courts will permit you to use the pathway.…