Land Law Assignment Sample

Land Law Assignment

Introduction-Land Law Assignment

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Land law is considered to be always a great importance where the people are considered to be having the aspects that are related to the freehold property these also includes the leasehold property as well. the definition of the land law remain incomplete and the challenging so as to apply where the least concerning factors that are related to the same includes the landowners ownership which are considered to be above and below the ground. This includes the access to secure the land and the housing so that the users are considered to be having the factors that are related to boundaries and the regulation that helps in governing the users in the country. This report would include the factors that are related to the land law where this would include the challenges that are related to the landownership above and below the ground.

Main body

This has been made that land includes any of the tenure where the mines and minerals where it includes surface, buildings or parts of the buildings that are related to the land. This definition includes the statute which leaves a lot to be desired and also includes partial definition. Here this has been made the land includes factors where the definition that are related to the same are not mentioned[1]. Here this has been made that the United Kingdom is considered to be having wide diversity of property laws where the users would be considered to be having the factors which refers to the English law where this includes the factors of land law in the country. Here this has been made that the land law is study of the more that the stud we stand on, this includes the physical and conceptual factors where the concept of time on the land is also taken into account. Here this is considered that the concept of the legal and the equitable interest are characterised where the socio-economic activity in land and language of the land are taken into consideration.

What is land

Here this has been made that the government of the country has made the rules where they have not defined the specified definition that is related to the land law. Here this has been made that the need to refere to the authorities includes the statue and the case where these are the primary sources of the law that helps in generating a better understanding for the same. Here this has been made that the land law is considered to be focusing upon the use of the supply of the land in the country. Here this has been said that the facilitate helps owners to understand the how an owner of the land may use it at a moderate level where this would be considered for the relationship between the users. This includes the use of the law that helps in seeking the resolution that helps in solving the conflicts through statue where the common law and the law of equity are considered to be working[2].

It is considered that it is important to establish what is there on the land where this also includes the fixtures and the chattel. This includes the goods that belong to the parts of the land. Here this has been made that the chattel are the personal effects that helps the owner of the land to considered the factors that helps in removing the aspects that depends on the land who is considered to be having various rules that are related to the same. there are various aspects that are related to the same which includes sec 62 of the law of property act 1952 where all the guidance that comes from the case law is considered to be taken into account here this has been made that the use of the case law Elitestone ltd v Morris is one of the most significant factor where the users would be able to generate high result. This includes the fixture and the chattels, the fixtures and the chattels include the items of the conveyance of land where this includes section 62 of the law of property act 1925. Here this has been made that the when the portion of the land is sold then the users must be having the factors which includes the land and the ownership to take the land as a whole[3].

There are test and the miscellaneous issues that are related to the factors that are related to the land where these includes two stage test where the central question comes down and includes two folds that helps in devising it into the Hellawel v Eastwood. Here this has been made that the court must be considering the,

• The degree of annexation: these are considered to be extent where the items has been attached and are considered to be annexed with the property
• This also includes purpose of annexation: here this also includes the purpose where the item was attached to the property.

Here this has been made that same test are considered to be reiterated and put forward it in the manner that helps in generating a better understanding about it. Here this has been made the where the greater the degree of attachment or annexing the same to the property, this includes the items that are related to the considered to be a fixture. This also includes the way of expressing this point[4]. This also includes the factor where the object of a fixture if it merges with the land. Here the result of the item being a fixture that includes the person who owns it is considered to be the person who owns the land. This includes the fixtures where the users can includes the former owner and where the users can used to own the land. This now does not own the land where this does not own the fixture. This is considered to be binding principle where this includes former owners which are prevented from the retain the ownership even after the active steps[5].

 Registration of title

Unregistered land is considered to be a land which doesn't have a factors of title in the Land Registry. Unregistered property shapes a steadily weakening marginal of the land in England and Wales. It is diminishing in light of the fact that there has been a long, if progressive; work to enrol all parts of land in the purview. Despite the fact that enrolment isn't generally mandatory, certain "trigger occasions" can make it necessary, like the offer of the land. For sure, any exchange of land that neglects to enlist the land is consequently invalid (Land Registration Act 2002, ss. 6(4), 7(1)). All things considered, it was initially expected that all property would be enlisted by 1955, and that has not occurred.

Unregistered Land

For unregistered property, title is demonstrated by title deeds. The records which demonstrate the historical backdrop of title over stuff are depicted as the 'fundamental indicia of title' (Sen v Headley [1991] Ch. 425. These intelligences, purported "deeds groups", ought to identify the individual who as of now holds the best "title" to the property. At the opinion when a party expectations to buy that property, they are needed to take a look at least at the past 15 years to show a "great base of title."

All in all, the purchaser should have the selection to show an unmistakable chain of conveyancing classifying with the stuff, up to and retention the existing individual for possession of the property[6]. The privileges these persons have over the land strength tie a buyer trusting upon two issues: the idea of the right, and regardless of whether it has been tenable.

Assessment thought: assuming unregistered land comes up in an issue question, you ought to be promptly helped to remember this focal part of unregistered land: that rather than just creating a record showing title, there must be a "deeds pack" which shows, returning something like 15 years, that the individual professing to have the property really has "great base of title." If they can't, this ought to be a hint to you concerning how the gatherings in the issue problem can continue.

 It ought to be focused on that the qualification between enrolled property and unregistered property is considerable. On account of Lloyds Bank plc v Carrick(1996) 28 H.L.R. 707 the court arrived at a resolution dependent on the land obligating been unregistered, specifically that an unregistered agreement didn't concede the lawful bequest in the property being mentioned to in spite of the vender saying the designation was legitimate. Quite, Morritt LJ said that in case the properties were enrolled, the result of the case would have been completely inverse. The simple demonstration of enlistment can accordingly modify the freedoms of gatherings massively.

Most privileges must be secured by the utilization of the Land Charges Act 1972. Utilizing the 1972 Act, the privileges are enlisted as custodies. The replacement to the Land Charges Act 1925, and Act had been planned to continuously acquaint an arrangement of enrolment with land. It was conceived that the enlistment of land in England and Wales would be a lethargic cycle, hence an impermanent framework was acquainted with ensure outsider freedoms in unprotected land[7].

 "Can an individual actually profess to reserve an option to the land without getting insurance by narrative proof?"

In certain occasions, Yes. An individual can guarantee responsibility for land by depending on the reality of their obligating involved and had the assets. In this occurrence, they are not depending on a paper title, however rather are relied upon to affirm, through an 'articulation of truth' or some other legal revelation that they have supported belonging over the land[8]. They would do as such under the Constitutional Declarations Act 1835, and this methodology is endorsed by the Land Registration Act.

 Assessment thought: The focal thought is that privileges can and should be secured. It is not difficult to expect, in an issue question, that a tenant of land has a lot of actual proof of their having existed on the land, yet don't have the pertinent documentation[9]. How much does the reality of their profession and ownership of the land offset their absence of paper title?

This discussion on unregistered property should likewise reflect the interests of the meetings that involve land occasionally. Certain exclusive privileges are permitted to exist 'off the register', which means they are not logged in the Land Registry. This is an idea recognized as "the break in the mirror." The purported "reflect" is the impression of the newspaper record to the relating directly over the given home in land. These freedoms are delegated 'unregistered notices' and are considered to be 'superseding interests', which means they can tie resulting buyers of the property.

 The Land Charges Act 1925 was planned to ensure the privileges of those with unregistered welfares in one of three customs:

• Lawful freedoms - these privileges tie the entire world and don't need any further assurance.
• Fair privileges - these structure two of the three manners by which the 1925 Act ensured outsider freedoms. Fair privileges at this point not secured by the principle of notice. These are registrable either
• (1) as land custodies on the off unintended that they are "business interests", or
• (2) Ought to be "overextended" assuming they are "family interests."

These privileges don't tie a consumer, but the benefits are to be imitated in the price tag, for example the fulfilment of these freedoms will power a higher monetary expenditure on the buyer[10].

References

Abubakari, Z., Richter, C. and Zevenbergen, J., 2019. Plural Inheritance Laws, Practices and Emergent Types of Property—Implications for Updating the Land Register. Sustainability, 11(21), p.6087.

Alden Wily, L., 2018. Collective land ownership in the 21st century: Overview of global trends. Land, 7(2), p.68.

Boamah, E.F. and Amoako, C., 2020. Planning by (mis) rule of laws: The idiom and dilemma of planning within Ghana’s dual legal land systems. Environment and Planning C: Politics and Space, 38(1), pp.97-115.

McCurley Jr, R.L., 2019. Real Estate Handbook: Land Laws of Alabama.

Meher, B., 2020. Review of Land Laws of Odisha in Gendered Human Right Perspective. In Proceeding of the 3rd International Conference on Gender Studies (Vol. 2, No. 1, pp. 32-50).

Nguyen, T.H.D., 2018. Basis for the development of criteria for monitoring the implementation of land laws in Vietnam (Master's thesis).

Sail, S. and Priya, M.G., Communidades of Goa: A Re-reading of Select Goan Literature in the Light of Land Laws and Their Effect on Human-Land Equation. ASTHA BHARATI, 22(2), p.129.

Sun, X., 2021. Politicised enforcement in China: evidence from the enforcement of land laws and regulations. Journal of Public Policy, 41(1), pp.66-89.

Tagliarino, N.K., Bununu, Y.A., Micheal, M.O., De Maria, M. and Olusanmi, A., 2018. Compensation for expropriated community farmland in nigeria: An in-Depth analysis of the laws and practices related to land expropriation for the lekki free trade zone in lagos. Land, 7(1), p.23.

Tuia, D., Moser, G., Wurm, M. and Taubenböck, H., 2017, March. Land use modeling in North Rhine-Westphalia with interaction and scaling laws. In 2017 Joint Urban Remote Sensing Event (JURSE) (pp. 1-4). IEEE.

[1] Abubakari, Z., Richter, C. and Zevenbergen, J., ‘Plural Inheritance Laws, Practices and Emergent Types of Property—Implications for Updating the Land Register’ (2019). Sustainability, 11(21), p.6087.

[2] Alden Wily, L., ‘Collective land ownership in the 21st century: Overview of global trends’ (2018). Land, 7(2), p.68.

[3] Boamah, E.F. and Amoako, C., ‘Planning by (mis) rule of laws: The idiom and dilemma of planning within Ghana’s dual legal land systems’ (2020). Environment and Planning C: Politics and Space, 38(1), pp.97-115.

[4] McCurley Jr, R.L., ‘Real Estate Handbook: Land Laws of Alabama’ (2019).

[5] Meher, B., ‘Review of Land Laws of Odisha in Gendered Human Right Perspective’ (2020). In Proceeding of the 3rd International Conference on Gender Studies (Vol. 2, No. 1, pp. 32-50).

[6] Nguyen, T.H.D., ‘Basis for the development of criteria for monitoring the implementation of land laws in Vietnam (Master's thesis)’ (2018).

[7] Sail, S. and Priya, M.G., Communidades of Goa: A Re-reading of Select Goan Literature in the Light of Land Laws and Their Effect on Human-Land Equation. ASTHA BHARATI, 22(2), p.129.

[8] Tuia, D., Moser, G., Wurm, M. and Taubenböck, H., ‘Land use modeling in North Rhine-Westphalia with interaction and scaling laws’ (2017, March). In 2017 Joint Urban Remote Sensing Event (JURSE) (pp. 1-4). IEEE.

[9] Sun, X., ‘Politicised enforcement in China: evidence from the enforcement of land laws and regulations’ (2021). Journal of Public Policy, 41(1), pp.66-89.

[10] Tagliarino, N.K., Bununu, Y.A., Micheal, M.O., De Maria, M. and Olusanmi, A., ‘Compensation for expropriated community farmland in nigeria: An in-Depth analysis of the laws and practices related to land expropriation for the lekki free trade zone in lagos’ (2018). Land, 7(1), p.23.