Property Law Coursework Essay

The proprietary right is protected by overriding interest under Section 70(1)(f) of Land Registration Act 1925 (LRA1925). Limitation Act 1980 stated requirement towards the squatter where he is in factual possession to the land for a period of 12 years continuously and is not objected by the land owner, he will obtain a title towards the land. However, Land Registration Act 2002 (LRA 2002) brings changes towards this proprietary right where it provides a new set of rules which

• Whether the transfer of chattels and other personal property attached to the land were not fixtures under the general law definition.

The front page of the 2005 edition of the Contract for the Sale of Land (Standard Contract) deals with whether or not vacant possession will be provided on settlement. The Contract is either marked “vacant possession” or “subject to existing tenancy”. If no box is marked, then vacant possession is the default choice. Clause 17.1 of the Standard Contract provides that normally, the vendor must give the purchaser vacant possession of the property on completion.

What this entails is that the actual sole physical occupation of the land with the intent to keep it solely for the person occupying the property must be establish. Lisa demonstrated this by construction a fence between her house and Danny’s. In fact, by doing this, she establish sole possession of the property in question. Once more, by fencing in the property, and the fact that Danny knew what she was doing because he lived next door and did not contest, showed Lisa was being open, visible, and notorious with her actions. She also was continuous and peaceable with her actions because during the fifteen years of usage, there were no issues with Danny, and he never complained that her actions were wrong. Only after fifteen years and a survey, did the ownership questions come up. Lastly, Lisa believed that the property was hers and never asked or obtained permission before erecting the fence. Since all the elements coexist, Lisa has a legal right to claim adverse possession to the property. Furthermore, the state has a statutory period for adverse possession of ten years. What this means is that Lisa must have occupied the property for the full statutory period, and this action must have coexisted with the other elements of adverse possession before the statute of limitations runs out. It was not until fifteen years later, and only after the survey, Lisa found out

From the very beginning, it is extraordinarily easy to step into the mind of the main character and narrator Manon Guadet and how the world she lives in becomes an eerie reality. Deeper throughout the novel, there are many themes presented through Manon’s eyes. Through the use of many paradoxes, the themes of racism, gender oppression and marriage in Property, by Valerie Martin is ultimately connected with the institution of slavery in America. The aristocratic life of the early 19th century is defined in the use of these themes through the pictures they create. Not only do the themes cause the novel to

In order to satisfy the possession requirement of the landlord-tenant relationship, the transferred interest in the leased property must be one that the owner is legally capable of possessing now or in the future. A nonpossessory interest in land that is incapable of ever becoming possessory, such as an easement, cannot be the subject matter of a landlord-tenant relationship, although it may be the subject matter of an arrangement that is similar in certain respects, such as its duration.

The law is not clear on whether an occupier of premises can exclude any duty he might owe under the 1984 act by putting up signs ect.

In essence, “leases” are created between landlords and tenants as contracts to grant exclusive possession of the land for a defined period of time, in exchange of rent from tenant. Leases give contractual interests to tenants, while at the same time creates proprietary interests in the land by granting exclusive possession, which elevates a tenancy into an “estate/interest in land”. It can therefore be understood and has been suggested by commentators that leases are of dual nature and should “be characterised as something of a hybrid”[1]: a hybrid of contract and estate in land. In the landmark case of Bruton v London and Quadrant Housing Trust[2],

Should the judges decide that they do not have proprietary interest should they not hold full ownership of the land, the case of McKenna will allow for their claim to proceed as they have a right to their privacy as held under Article 8 of the European Convention of Human Rights (ECHR), to which the Human Rights Act (HRA) will allow for its application in the United Kingdom (UK).

The ideology behind what private property represents and conveys through the theories of both Locke and Marx's results in contrasting views. Locke heavily stresses the blending of labor and common land to create private property to increase one’s wealth. Liberty and livelihood under Locke’s theory is tied to the ability of an individual to control the use of their private property. Marx’s theory strongly contends that the bourgeoisie has gained control of the profit making private properties leaving the working class in a stage of exploitation. Marx’s conclusion then is to set private property in the hands of the people in hopes of creating universal economic equality. Respectively each thesis places governments, labour and religion

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 Land Registration Act (LRA) 1925 has drawn much flak over the years with regards to one of its most important provisions on overriding interests (OI), which often goes unnoticed until it swoops up and takes priority over the rights of a future purchaser. These interests often come in the form of other occupiers in the property with an equitable interest and, like in the case of Boland , this leaves the lender in a tight spot when they find out about the existence of these interests only after they have initiate proceedings for possession against the defaulting borrowers. Due to the other occupier’s concealed nature on the property register, the lenders have regained their footing by applying the concept of overreaching and ….. The Law Commission, on the other hand, contemplated abolishing these interest altogether but did not go to that extent because it was neither feasible nor desirable Instead, they shrank their impact on land by reforming the operation and scope of the OI. With LRA 2002 sch 3 para 2, lenders now have more control over what may bite them. …. This essay will access…. with a focus on how the lending world have dealt with the implications of Boland…. The best way to access the impact of … would be to go through the pre – post blabla to show how the thing has balanced.

When Uganda became a British protectorate at the end of the nineteenth century, one of the major interventions by the British on the land use was the introduction in 1900 a formalized individual private property ownership in Buganda. In Uganda, land is

The development of the property by Wide Boy Estates in 1968 corresponds with the 1967 Leasehold Reform Act of 1967. Since 1967, the UK law pertaining to interests of freeholder, leaseholder and the tenant changed significantly in 1974, 1993 and 2002 (Groves & King 1997). In this case study, the contract dictated that the property will be held on a 99 year lease from 1968 at a rent of £30,000 per annum with rent reviews to 10% of market rent every 33 years.

Is private property a natural right? Yes I consider private property a natural right. Private plays a big role within natural rights. Many philosophers including Locke, Marx and Rawls each had their position on private property. This leads to the question: what is private property? You can’t just give one definition because as I said before, many philosophers has different positions about private property on natural rights. If I had to define private property, I would say it is any property that is not public property, and maybe under the control of a group or a single individual. It is like a claim to something that excludes others from having that same privilege. The one philosopher I will talk about is John Locke. John Locke’s position on private property being a natural right is really different from