Property Law Coursework Essay

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Unregistered land is the title that is established from old fashioned title deeds and is not to be found in the register of title governed by the Land Registration Act 2002. Unregistered land is land for which the title must be proved from the conveyancing of history of the land by the title document i.e. the deeds and related documents; and not by an inspecting register. Although this doesn’t mean that land doesn’t have the opportunity to be registered. For this question the rights considered are, firstly for Kate it is family rights and actual occupation, for Darryl we are asking the question as to whether it is okay to pay rent to lease the land, for Julie we are considering profits so establishing whether she can use the field as a…show more content…
In this case Lord Oliver held that the relevant time for determining occupation was the date of completion of the transaction rather than the date of registration as the acts of moving in were not sufficient to constitute actual occupation. In this case we can see that Kate’s interest wasn’t sufficient even though it wasn’t overreached but she didn’t have actual occupation as she wasn’t living there and she wasn’t in the country when the Bungalow was bought. Next we have to consider whether when Alexander confronted Darryl on trespassing and Darryl showed the agreement from 2004 that allowed him to pay rent to lease the land; this means we are asking the question as to whether this is allowed. Firstly we consider that one of the main motives for letting the property is so that they can generate an income through the payment of rent, this can be seen as Richard received a payment of £100 per month from Darryl so that he could use the workshop. Lord Templeman in Street v Mountford (1985) included rent as part of the definition of tenancy; Section 205(1) (xxvii) of the Law of Property Act 1925 provides that a term of years means a term of years whether or not at a rent. This means certain types of leases need to be supported by rent in order to qualify for statutory protection and this is

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