The Roots Of English Land Law

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

The High Court has as of late considered the fraud special case to indefeasibility of title of land possession in the case of Cassegrain v Gerard Cassegrain & Co Pty Ltd. The decision permits a wife to keep a half benefit for a dairy farm property in spite of paying no thought for it and just being the beneficiary of that intrigue due to her spouse 's fraud. The misfortune here is the party denied of a benefit for the land by fraud, while the victor is obviously the unwitting beneficiary of that interest.

One of the original few problems identified within the previous system by the LR was the issue of overriding interests. These are third party interests that continue to bind the estate and are enforceable against the purchaser, while not appearing on the register at all. This makes it impossible to fully rely on the register, as it produces an actual risk to the purchaser. The inevitable solution is to still do the investigation (enquiries and inspection).

Torrens title is a statutory scheme that was introduced by the Real Property Act 1900 (NSW) and consequently abolished the problems inherent in the Old System title. One of driving forces behind the change was due to the uncertainty and cost instigated by a land transfer system, which solely relied on a chain of title deeds. This new system represented a dichotomy between registered and unregistered interests, and according to section 31B of the Real Property Act 1900 (NSW), the Registrar is now an integral part of the Torrens title. The Torrens system means that an individual will only need to construct a certificate of title for evidence of ownership, compared to producing an abundant of deeds. Therefore, when addressing the hypothetical problem question and dealing with multiple interests to the property, it is vital to consider the nature of the parties claims. This essay will address the issues raised by the hypothetical problem, by addressing the nature of the contracts of sale of land, indefeasible titles and the exceptions to such titles, priorities of interests, caveats and remedies available for mortgagees. Ultimately, we will be unraveling whose interests are prioritized over the property and the remedies available to those that have been negatively impacted by their interest over the property.

Changing the system. During Elizabethan times the land ownership system was changed several times, but most of the land was owned by the crown, the nobles were usually the only ones to own land and the peasants were isolated from owning anything.

There are a number of steps involved in the property title process. However, this has changed over the years due legislation such as the land protection act, introduced in the 1900s. Still, many of the original process steps are used today it requires detail gathering and documenting information. Nevertheless in the first step is the initial request for a title. Many times, it has performed out without involving and buyer Black (2001). However, this step perhaps identified as a task that records the land in its present state. Secondly, an on-site examination then performed. The steps are compiled in a detail report that reports on the legal property name, location and any tax information related to the property in question (Black, 2001)

The land and business interests in Western New York were highly connected to the politics of infrastructure. Land and Business interests lobbied the state government for the creation of canals and railroads, due to their tendency to increase trade and the value of land in the surrounding area. For instance, the agricultural developer and politician, Asahel Cole, of Friendship, lobbied for the construction of the Genesee Railway and was appointed by the state legislature to manage the project. By the time of the 1840’s the Whig Party managed to establish significant support among voters in the region by championing infrastructure projects as a means of economic development. In the course of 19th century, various railroads and canals were constructed,

The two sources provide valuable perspectives into the legal system within the anglo saxon period. The Anglo Saxon legal system was based around the King who was the secular and spiritual leader of the country.The King first had to centralise his power and become the most influential person to then delegate to others in his kingdom; resulting in the creation of the earls, who ruled over their individual earldoms and carried out the King’s orders given to them through writs, enforcing justice and order. There were around 40 shires (counties) in Anglo-Saxon England, and a sheriff would be the one to convey the King’s will and settle disputes in shire courts.

As it has been a substantial part of the Land Registration Act 2002, I would like to look into the process of electronic conveyancing and how it supports my argument that the logic of English land law had been changed through the Act to a more rational, market efficient way. The Land Register was empowered to set up a “Land Registry Network”, this network could “go beyond the legal aspect of the transaction and could cover the whole transaction from the point when a property is put on sale”. The formalities of electronic dispositions were also introduced in the Act. The electronic document now had to “stipulate its effective time and date, as well as to include electronic signatures of all the parties by whom it purports to be authenticated plus every electronic signature has to be certified.” If an electric document “complied with these formalities, it was to be regarded by law as a written deed, signed by each individual and sealed by each corporation”. Another important concept development was network access agreement where the lawyers would be allowed to make changes to the title or the cautions register without involving the land registry officers. There were rules imposed on regulation of the network and in order to enter into a network access agreement an applicant had to fulfill criteria. The Act has also set out that whenever there was a conflict, the “overriding” nature of the obligation owed under the network access agreement, such obligation would

Prior to France’s declaration, the Magna Carta in 1215 guaranteed protection from this seizure while it was not necessary rather customary to pay compensation in Colonial England.Fast forward to the 21st century,this previously feudal right has been established as that of the sovereign government who can

Being one of the most extensive law reforms of the Law Commission, Land Registration Act 2002 aims to create a flawless legal framework for land registration, especially in terms of conveyancing with emphasis on overriding interests and adverse possession. It is agreed that the Land Registration Act 2002 (hereafter LRA 2002), by putting emphasis on strict registration, moved the idea of land ownership from ownership by possession to bureaucratization of title via registration. Therefore, LRA 2002 is said to bring further strictness and clarity to land ownership and subsequent conveyancing. In conjunction, LRA 2002 was expected to bring an “e-conveyancing revolution” to land registration which was awaited to be a major success. Although steps are taken towards this development, it is claimed that there is still long way to go before a complete and problem-free e-conveyancing system. Apart from matters relating to conveyancing, LRA 2002 consists of sections regarding overriding interests where their number and scope are widely reduced with specifications of registration introduced. Moreover, the Act includes strictly drafted provisions about adverse possession, aiming to bring further restrictions to this matter by bringing further difficulties to the acquisition of title and therefore shifting from a squatter prone approach to a registered owner supporting view.

Schoolteachers, decided to buy a large property called Minerva lodge, where they planned to live, along with Eddie, Daisy's twelve-year-old son. They also planed to run an educational consultancy there. Constance and daisy each paid 60,000 pounds of the purchase price, which was 270,000 pounds. Adam paid the balance. The property was transferred to all three as joint tenants in law and equity, and the title was registered. Later that year at HM land registry.

In the past, all agricultural land was owned by the nobility and (in our region about 55% of the land) by the church. The peasants were only the beneficial owners, that is, they were allowed to farm the land. For this, they had to deliver one tenth of the harvest, the so-called Zehent to the landlords. The buildings had to be erected and maintained by the peasants themselves. Depending on the contract, the farmers were given the farm on Leibgeding thus lifelong, sometimes even with ‘Erbrecht’ -a right of succession- for widow and successor. In most cases, the contract was limited to a certain period.

The LRA 2002 replaces and repeals the Land Registration Act 1925 in its entirety. However, the same principle which also applied in 2002 Act. Law based on these three principles. The “Mirror principle” provide that by the register should reflect or reflect all the rights and interests of the registered land titles. The "curtain principle" which is purchasers need look no further than the register and are not concerned with trusts. The “Insurance Principles” is a simple, if the title is officially registered which is supported by the statutory scheme of national security and compensation. Both the 1925 and 2002 LRA embodied these principles, though the 2002 Act is more determined in its pursuit of the mirror and curtain principles.

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.