Feb 07, · As English Land Law is going through its transition from the period of possession to registration it is unlikely that the law of prescription will be kept in its current form. In , the Law Commission and H M L Registry considered that far reaching action was necessary Free Essay on Terms of Personal Property and Real Property at blogger.com Free law essay examples to help law students. % Unique Essays Dec 19, · Easements Land Law Essay. Posted on December 19, | by admin. In the past, English law has been underpinned by a strong and generally unifying desire to protect the rights of persons who could demonstrate a long established de facto enjoyment of land. Indeed, the Prescription Act legislatively entrenched prescription, and in particular
Easements Land Law Essay - Custom University Papers
This page of the essay has words. Download the full version above. Overriding interests is a very significant impairment to one of the key purposes of the land registration bill. It describes that the register should be as complete a record of the title as it can be. This explains that they are binding on the land without have the register title of the land. As a result, it gives the land law essays to the person who claims the overriding interests to exercise the right against the land even though they are unregistered interests which disregard the registered title, land law essays.
The foremost aim of the Land Registration Act was to make land more easily alienable and to decrease the heavy work of a purchaser in investigating title. However, this essay will examine the deference between Land Registration Act and Land Registration Act and also advantage and disadvantage of those acts. As per land registration, land law essays, firstly we need to look at what does it mean by registration of titles. Registration of titles defines the title guarantee of ownership and ensure that the land belongs to the specific person, land law essays.
This title guarantee works on the source of information that given by the land registry. If the land is unregistered then there will be huge problem because of absolute ownership. To prevent these problems, the land registration act came into force which can protect the land ownership and changes the way of thinking of land proprietorship and conveyancing.
Land registration was examined by the member of certain people before the inauguration of parliament. In Seventeenth and eighteenth century, there were numerous bills came into force about land registration however in that time no bills were positively go through, land law essays.
In the Royal Commission of the United Kingdom stepped out to solve the problem of registration titles. Later on, In the year the first land registry office was founded by the act of Land Registration Act However, this act did not last longer, as Royal Commission realised that this act was quite convoluted idea.
After that, land law essays, the Royal Commission came up with new idea and invented new act which was the Land Transfer Act Although the Royal Commission created this act, in that time they have amended so many rules and places of those act. Eventually, in the year they have made their decision and introduced a new act which is the Land Registration Act The observable thing of this act that there are three different principles which explain the land registry system very clearly.
The principle of this act are insurance principle, minor principle and curtain principle. Moreover, these three principles briefly deliberated about the formalities of equitable interest, indemnity and overriding interest.
However, the present act of the land registration is Land Registration Act which is following in every kind of land registry system. This act is totally opposite of all previous acts and it creates lot of major changes into the land registry system.
Because of this act the land registry system do not need to write in the paper as it is totally based on the electronic system, land law essays.
The main part of this act is, it saves time and secures file as the communication make through electronic form, land law essays. According to the Land Registration Act LRA notice does not have the ability of controlling land law essays enforceability of ownership rights in registered land.
In the event of land registry system, land law essays title of compulsory first registration must have to be included in the land registry system which was introduced in the Land Registration Act This act comparably bit smaller than the new Land Registration Act Wherever land selling and purchasing happened, in that time the compulsory first registration of title take place as it is the main requirement for registration. Therefore, it clarifies that unregistered land should be register under its particular independent number.
Furthermore, the people who has got many lands, land law essays, for them voluntary registration is very useful as it is ensure the real ownership of the property as well as confirm that the land is secure by the government. According to the Land Registration Act overriding interest are nothing new and existed.
The operation of overriding interests will be deeply unfair for the purchaser who has not got any idea about the existence rights and buy the land without enquiries and inspection. Furthermore, land law essays, overriding status have the ability to protect those rights which begin informally. The classifications of overriding interests are discussed in Schedule 3 of the Land Registration Act which replaced the S.
Overriding interest involve legal leases that granted for 7 years or under, legal easements and profits a prendre, interests of persons in actual occupation, local land charges, land law essays, public rights, customary rights, mines and minerals. Moreover, under paragraph 2 schedule 3 whoever hold the occupation, there any kind of interest land law essays to that specific person.
In National Provincial Bank v Ainsworth it was stated that, to gain overriding interest there have to be an interest which is proprietary interest and the interest must be actual occupation at the appropriate time. On the other hand, overriding land law essays does not include personal rights such as licence, land law essays, it was held in Strand Securities Ltd v Caswell.
Overriding interest must not be overreached as it is handover the rights from the land to the process of sale. Therefore, the actual occupation will not be able to protect the interest. This point was held in City of London Building society v Flegg. However in Strand Securities Ltd v Caswell Lord Denning noted that under the old law, land law essays, by s.
He can stay there and do nothing. Yet he will be protected, land law essays. Under Land Registration Act LRA schedule 3 paragraph 2 overriding interest has been described as the most notorious and litigated interest.
According to this schedule an interest can be override in two ways. A person who claims the interest is in actual occupation and that occupation will be obvious on a reasonable inspection, land law essays. The other one is, a person who claims the interest is in actual occupation does not have the actual knowledge at that time.
In both ways the actual occupation needed. Actual occupation can be used to determine the meaning which is explained in s. The LRA provides no definition of what actual occupation is. The trend of the cases shows that the courts are reluctant to lay down, land law essays, suggest a single test for determining whether a person is in actual occupation. Generally, actual occupation needs few degree of durability and continuousness, it was held in Abbey National Building Society v Cann.
In Lloyds Bank v Rossest noted that the nature of the land will ensure the degree of physical appearance. According to the Hunt v Luck, a person is only bound by the rights in actual occupation when the traditional conveyancing principles arise such as constructive notice. It has been said that judges would not interfere or would not stand land law essays any kind of law which contrary to the doctrine of notice. There will be huge burden for the purchaser if the title deeds examine by the unregistered system and land law essays doctrine of notice.
It is the responsibility of judiciary to make the balance between the purchaser and the occupant. There is no place for the doctrine of notice in the registered system, but it has little place in the unregistered system, the land law essays and the legislature land law essays discovered it useful to insist certain requirements for the purchasers in registered land. In conclusion, we may say that The Land Registration Act has been great in the modern land registration system.
It creates provision to develop the correctness of the land registration system and quicken the processing of land registration system throughout England and Wales. The main purpose of Land Registration Act is that every interested parties will be able to investigate their title decently by the land registration system with an absolute inquiries and inspection. The Land Registration Act LRA makes the land registration system easier and faster and decreases the possibility of overriding interest rule, land law essays.
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How to Analyze Present Estates and Future Interests on Real Property Questions [PART 1/3]
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The land law leases and licences module contains two chapters: leases and, licences & proprietary estoppel “Under s1 (1) (b) LPA the term of years absolute is a legal estate in land and is also a propriety estate”. A lease is an agreement between the landlord (lessor) and the tenant (lessee), where the tenant will enjoy all the rights over the property that the landlord (lessor) has given unless if there is any limitation expressed in the tenancy agreement Land Law Essay on Adverse Possession. Good essay. University. University of Hull. Module. Land Law () Uploaded by. Naresha Shasha. Academic year. / Notes on the topic adverse possession LAND LAW General Revision notes LAND LAW Exam LAND LAW Exam (Land) Other related documents. Tutorial 7 - freehold 3/5(4)
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