Land law looks after people’s conflicting and competing interest to the land. There are circumstances that people share title to the land. Sometimes people have rights over land that is owned by another. A freeholder may have the legal right to the land however he does not have the legal right to posses or use or even access the land (FindLaw ____). Land law in England can sometimes be complex and so are the scenario presented with this paper.
According to Land Registry Practice Guide 8, a deed is very important when it comes to dealing with land. There are only few exemptions to this, but in general a legal interest over a land cannot be established or conveyed without a deed (s.52 (1), LPA 1925). A deed has to have the following elements in order to be accepted legally as Deed:
It must be very clear on its face that it is a deed that the person or parties that are making it are indeed making it to be a deed. This can be done by calling, entitling, or describing the document as it is and to be executed as a deed.
A signature must be properly affixed to a document executed as deed (s.1 (4), LP (MP) A 1989). The name of the person to whom the deed is being executed must appear on the document, and the signature must properly be affixed to it. The same should be true with the person or parties executing the deed with names appearing on the document indicating all the signatories of the said document.
Attestation – a deed should show proper attestation or witnessing. A deed must be signed in front of a witness who attests the signature (s.1 (3), LP (MP) A 1989). The address of the witness must be provided in order for the witness to be located in case the need arises.
There are two kinds of a leasehold title: the absolute and the good leasehold. To be able to hold a leasehold title, the person must first own the lease and second, it must be rewarded or