Case Note on Bruton Tenancy

Servitude is capable of affecting different types of property, whether commercial or residential. When you buy a property, it is good to ensure that you are able to enjoy the rights

also discussed the relevance of the rejection of universal and absolute ownership. He discussed the idea that the Crown had ‘absolute ownership of, legal possession of an exclusive power to confer title to, all land in the Murray Islands.’ So to was the idea considered that the doctrine of tenure was complete, such that every segment of land which was acquired by England was held ‘mediately or immediately of the King who is the Lord Paramount’. Brennan J. concluded that ‘the doctrine of tenure applies to every Crown grant of an interest in land, but not to rights and interests which do not owe their existence to a Crown grant’. Thus, it was accepted by the majority that the Crown in fact acquired a radical title - as opposed to an absolute title - upon the acquirement of any land, and that this radical title would be subject to native title rights in the occurrence that the appropriate native title rights had not been reasonably or formerly

I agree with most of your arguments, except the first one, stating that Andrew and Martin both own equal shares of the property. Since the original contract was for joint tenancy with rights of survivorship and not tenancy in common, Andrew never owned any of the property.

Id. at cmt. a (emphasis added). Accordingly, a freehold estate possessed by a landlord (or perhaps even a possessory interest—in the case of a sublet) is a necessary condition to establish the existence of a landlord-tenant relationship. To illustrate:

Human Flourishing theory of property holds that “[t]he moral foundation of property, both as a concept and as an institution, is human flourishing.” The purpose of property is to enable people a foundation to enable people to live an objectively well-lived life, therefore property decisions should be structured around this goal. Under this theory property owners owe obligations to members of their communities to perform certain duties to enable people to have necessary capabilities in order to live well-lived lives, “owners are responsible for the continued well-being of these communities which have nurtured and continue to nurture the development of their personal capabilities essential to their own flourishing.” Furthermore, the government

Document D is an article appearing in the local North Wales Chronicle published 27 November 1880 highlighting landlordism in Ireland. The article is recycled excerpt from Ireland’s national newspaper the Daily News, featuring the brutish landlord, Mr. Stacpoole of Ennis, County Clare and his tenants. Despite the burning land question and demand for the abolition of landlordism in Ireland, the document provides an alternative perspective partial toward landlordism through exemplifying the determination of Mr. Stacpoole to keep his land.

Tenure is classed as ‘The legal relationship between the resident and the home they inhabit’.

The history of adverse possession can be traced back to the 12th century. During this time, a squatter could prove his right to ownership of property by the act of possession. Gradually, the law has been seen to favour the squatters as opposed to the landowners. The law required that the squatter had proof that he had dispossessed the property exclusively for 60 years in order to bar a landlord’s actions. There were further developments in the Statute of Limitations restricting other rights of the landlord in 1639. A landlord’s title would expire after a squatter had dispossessed a property for 20 years exclusively. Further amendments reduced the required time period from 20 to 12 years of exclusive dispossession.

The landlords and the tenants hold opposing views about it. For the landlords, their land is merely a means of earning income. Land is nothing than an investment for them. On the other hand, the land is a crucial part of the tenants existence, and each aspect of their life is attached to it. The tenants believed that all people should have the opportunity to own landed property. This idea is reflected in the tenants' reply: "We measured it and broke it up. . . that's what makes it ours--being born on it, working it, dying on it. That makes ownership, not a paper with numbers on

Australian Residential Tenancies Act 1997 details every aspect of landlord tenant relation and lease agreement for caravan park site owners. When we study the situation in case study closely, we notice that in both cases, the tenants may have to involve the court since their situation is tricky and can be better decided by a court dealing with civil matters.

to have a certain amount of land and as Kings Weston has 60 acres of

The law in relation to co-ownership interests in property has changed a vast amount in recent years. This has resulted in both changes in the legislative framework surrounding co-ownership; the development of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) , also due to the increase in occurrence of co-ownership many practical problems have been revealed which the Law of Property Act 1925 simply did not clearly provide for. Additionally, changes within the society and economic influences have triggered many problems on the path towards property ownership. The Law of Property Act 1925 (LPA), established the original scheme of co-ownership, however it was incapable of dealing with this change in time.

Schreier (2005), Powanga & Powanga (2008) and Pizam (2010) declared that deeded ownership referred else fee simple, a deed ownership is a written contract that supplies legal title after the contract price has been paid in full after the procedure of the contract. Kaufman, Lashley, & Schreier (2009), Holcomb & Pizam (2008), Upcherch & Lashley (2006) Schreier (2005) and Chi (1998) agreed that the purchaser owns the property at one week a year for ever, which means you should have the obligations to use, rent, lend, will, and sell your share of the property as suitable after that, recorded with the court in the place where purchased and leave it to others as part of the estate, when the owner died. So, the purchaser should ask before signing

Real Property Act 1886 (SA) ss119 and ss119A, state that a lease for less than one year does not need to be registered and that the registered owners title (Charlie) will be subject to the tenants interests, meaning that a lease (less than a year) is an exception (s. 69(h)) to indefeasibility under the Real Property Act but after the 12 months Charlie can take possession of the house by terminating the lease, which ends anyway, he has a reversion subject to the lease. Also as the lease is not registered the right to renew after 12 months is not protected in any case under the act. The lease is a legal interest even though it is not registered.

The servitude pertinent to this matter is a praedial servitude, relating to two pieces of land, adjacent to each other. A paedial servitude is established over the servient property (The Trust) for the benefit of the dominant property (UCT) in perpetuity. A right of way typically confers a real right to benefit from the property of another. It affords powers of use and enjoyment to someone other than the owner. Section 63(1) of the Deeds Registry Act tells us that limited real rights are capable of registration. This particular right of way, in favour of UCT, is therefore enforceable against the Trust as it appears to satisfy the requirements for a valid praedial servitude and