Historiography and the Law of Property Act 1925: the Return of Frankenstein
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Overreaching: Beneficiaries in Occupation
-The Law Commission (LAW COM. No. 188) TRANSFER OF LAND OVERREACHING: BENEFICIARIES IN OCCUPATION Laid before Parliament by the Lord High Chancellor pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 19 December 1989 LONDON HER MAJESTY’S STATIONERY OFFICE L4.90 net 61 The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Commissioners are- The Right Honourable Lord Justice Beldam, Chairman Mr Trevor M. Aldridge Mr Jack Beatson Mr Richard Buxton, Q.C. Professor Brenda Hoggett, Q.C. The Secretary of the Law Commission is Mr Michael Collon and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WClN 2BQ. OVERREACHING BENEFICIARIES IN OCCUPATION CONTENTS Pa ragraph Page PART I: INTRODUCTION 1.1 1 Background and scope 1.1 1 Recommendations 1.7 2 Structure of this report 1.8 2 PART 11: THE PRESENT LAW 2.1 3 Introductory 2.1 3 Equitable interests 2.3 3 Overreaching 2.9 4 Mortgagees 2.14 5 Personal representatives 2.16 6 Bare trustees 2.17 6 Safeguard for beneficiaries 2.18 7 Registered land 2.2 1 7 Registration of beneficiary’s interests 2.25 8 Beneficiary in occupation: summary 2.28 9 PART 111: NEED FOR REFORM 3.1 10 Change of circumstances 3.1 10 Protecting occupation of property 3.4 10 Bare trusts 3.10 12 PART IV REFORM PROPOSALS 4.1 13 Principal recommendation 4.1 13 Beneficiaries 4.4 13 (a) Interests 4.5 13 (b) Capacity 4.8 14 (c) Occupation 4.11 14 (d) Consent 4.15 15 Conveyances by mortgagees 4.20 16 Conveyances by personal representatives 4.22 16 Conveyances under court order 4.23 17 Conveyancing procedure 4.24 17 Second recommendation: bare trusts 4.27 18 Transitional provisions 4.28 18 Application to the Crown 4.30 18 PART V: SUMMARY OF RECOMMENDATIONS 5.1 19 APPENDIX A Draft Law of Property (Overreaching) Bill with Explanatory Notes 21 APPENDIX B: Individuals and organisations who com- mented on Working Paper No. -
Bachelor of Arts in Law & Accounting
Undergraduate Law Student Handbook LLB Law Plus BA Law & Accounting LLB in Law (Graduate Entry) BA Applied Policing & Criminal Justice Academic Year 2018/2019 1 CONTENTS CONTENTS......................................................................................................................................................... 2 FOREWORD ....................................................................................................................................................... 3 INTRODUCTION .............................................................................................................................................. 4 CONTACTS ......................................................................................................................................................... 6 STAFF PROFILES ............................................................................................................................................. 8 UNDERGRADUATE DEGREE PROGRAMMES .................................................................................... 19 BACHELOR OF LAWS (LAW PLUS) (LM029) .................................................................................... 19 BACHELOR OF ARTS IN LAW & ACCOUNTING (LM020) ............................................................. 32 LLB GRADUATE ENTRY PROGRAMME ............................................................................................... 34 BA IN APPLIED POLICING AND CRIMINAL JUSTICE .................................................................... -
Trusts, Equitable Interests and the New Zealand Statute of Frauds
TRUSTS, EQUITABLE INTERESTS AND THE NEW ZEALAND STATUTE OF FRAUDS ROBERT BURGESS* The Property Law Amendment Act 1980 1 contains provisions which effectively patriate sections 7-9 of the Statute of Frauds 1677, replacing the "archaically worded and often obscure provisions"2 of the original English statute with a more modern set of provisions which again have an English derivation being "taken almost word for word"3from that country's Law of Property Act 1925. 4 The new provisions take effect as section 49A of the Property Law Act 1952 and, in so far as they concern the law of trusts, read as follows: 49A(2) A declaration of trust respecting any land or any interest in land shall be manifested and proved by some writing signed by some person who is able to declare such trust or by his will. (3) A disposition of an equitable interest or trust subsisting at the time of the disposition shall be in writing signed by the person disposing of the same or by his agent lawfully authorised in that behalf, or by will. (4) This section does not affect the creation or operation of resulting, implied or constructive trusts. Section 49A is stated5 as being "in substitution for" the corresponding provisions of 1677 and represents a consolidation of those provisions, although perhaps not, as has been suggested, 6 a "true consolidation". The point is that the structure of section 49A would appear to indicate that the ambit of its application is different from that of its predecessor. In particular, the provision contained in section 49A(4) appears to have an application within the context of the section as a whole whereas under * LLB Hons (London), PhD (Edinburgh), Reader in Law, University of East Anglia. -
Law of Property Act 1925 Is up to Date with All Changes Known to Be in Force on Or Before 01 July 2021
Changes to legislation: Law of Property Act 1925 is up to date with all changes known to be in force on or before 01 July 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Law of Property Act 1925 1925 CHAPTER 20 15 and 16 Geo 5 X1 An Act to consolidate the enactments relating to conveyancing and the law of property in England and Wales. [9th April 1925] Editorial Information X1 A dagger appended to a marginal note means that it is no longer accurate Modifications etc. (not altering text) C1 Act applied by Land Registration Act 1925 (c. 21), ss. 36, 38, 69(3), S.R. & O. 1925/1093 (Rev. XII, p. 81: 1925, p. 717) Act applied by Agriculture (Miscellaneous Provisions) Act 1941 (c. 50), s. 8(4) Act applied by Finance Act 1949 (c. 47), s. 40(4)(b) Act applied by Highways Act 1959 (c. 25), s. 81(3) Act applied by Housing Act 1964 (c. 56), s. 80(5) Act applied by Building Act 1984 (c. 55, SIF 15), s. 107(2) Act applied (1.11.1993) by 1993 c. 28, s. 69(3); S.I. 1993/2134, arts. 25 Act applied (5.1.1994) by 1990 c. 43, s. 81A(8) (as inserted (5.1.1994) by 1993 c. 40, ss. 10(2), 12(1)(2) Act applied (21.9.1995 for E. specified purposes and 1.4.2000 for E. -
Easements Across Seven Jurisdictions Within Property
www.theblackletter.co.uk!1 www.theblackletter.co.ukNeil Egan-Ronayne www.theblackletter.co.ukDecember 2015 Property Law Implied Easements Gerry has been in possession of a registered fee simple estate or ‘freehold’ estate since September 1990. Barton (Construction) Ltd were the registered owners of the unadopted service road that runs along the rear of Gerry’s property up until March 2015 whereupon Barton (Construction) Ltd sold the road to Hyde Ltd as part of a land package. Hyde Ltd has since established a business operation that uses the service road for access. As part of that process they have also erected a lockable gate across the public highway end of the road that is only accessible by using keys held by their employees. Gerry has for a continuous period used the service road in order to park his car and by assumption it is understood that Gerry does not park on the service road itself rather he uses it only as a means of access. When considering Gerry’s position in relation to his denial of access to the service road it would be prudent to refer to the common law position on easements.1 For an easement to be legally considered there are a number of criteria first established in Re Ellenborough Park2 which when met permit such a justification: I. A dominant tenement3 and a servient tenement burdened by the easement must be shown to exist. II. The easement must benefit the dominant tenement. III. The dominant and servient tenements must fall under different ownership.4 IV. -
An Introduction to Wills and Administration Percy Bordwell
University of Minnesota Law School Scholarship Repository Minnesota Law Review 1929 An Introduction to Wills and Administration Percy Bordwell Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Bordwell, Percy, "An Introduction to Wills and Administration" (1929). Minnesota Law Review. 2068. https://scholarship.law.umn.edu/mlr/2068 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. MINNESOTA LAW REVIEW Journal of the State Bar Association VOLUMIE XIV DECE-MBERP, 1929 No. I AN INTRODUCTION TO WILLS AND ADMINISTRATIONt By PERcy BORDWELL* F REEDOm of testamentary disposition has become second nature to Americans and all others brought up under the influence of Anglo-American law. While the testator cannot take his prop- erty with him nor have rights after he is dead,' yet it is the almost universal rule that by his will he may control the subse- quent course of his property even to the extent of leaving his children penniless.' So extreme a power of testamentary dis- position is probably not to be found elsewhere,' and even in Anglo-American law is, as legal history goes, of comparatively recent date. Up until 1692 it was the law in the northern of the two ecclesiastical provinces into which England is divided that where a testator had wife and children he was entitled to dispose of only one third of his goods and chattels, one third going to the wife and the remaining third to his children.' And such was the custom of London until 1724. -
Making Land Work
73991 Cover_Cover 25/05/2011 11:54 Page 1 Law Commission Reforming the law Making Land Work: Easements, Covenants and Profits à Prendre Law Commission Making Land Work: Easements, Covenants and Profits à Prendre Easements, Covenants and Profits Making Land Work: Published by TSO (The Stationery Office) and available from: Online www.tsoshop.co.uk Mail, telephone, fax and email TSO PO Box 29, Norwich NR3 1GN Telephone orders/general enquiries: 0870 600 5522 Order through the Parliamentary Hotline Lo-Call 0845 7 023474 Fax orders: 0870 600 5533 Email: [email protected] Textphone: 0870 240 3701 The Parliamentary Bookshop 12 Bridge Street, Parliament Square, Law Com No 327 London SW1A 2JX Telephone orders/general enquiries: 020 7219 3890 Fax orders: 020 7219 3866 Email: [email protected] Internet: http://www.bookshop.parliament.uk TSO@Blackwell and other accredited agents Customers can also order publications from: TSO Ireland 16 Arthur Street, Belfast BT1 4GD Telephone orders/general enquiries: 028 9023 8451 Fax orders: 028 9023 5401 Law Com No 327 12529 HC 1067 Cover / sig1 plateA The Law Commission (LAW COM No 327) MAKING LAND WORK: EASEMENTS, COVENANTS AND PROFITS À PRENDRE Presented to Parliament pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by the House of Commons to be printed on 7 June 2011 HC 1067 London: The Stationery Office £37.00 © Crown copyright 2011 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or e-mail: [email protected]. -
A Brief Guide to English Land Law Land Law Is Concerned with The
A Brief Guide to English Land Law Land Law is concerned with the legal relationships that people have with regard to land and affects each one of us in many ways in the course of our daily lives. Matters such as the basis upon which we reside in our own homes, access to our place of education or employment and even a visit to the shops or to the home of a friend can all raise issues directly related to land law. There are three main areas to be considered, having first established an answer to the question "What is 'land'?" Firstly, what are the various types of interest that can be acquired in land and by what means may one acquire these interests? Secondly, once acquired, how may these interests be retained and protected? Lastly, how may interests such as these be effectively transferred? Land Law provides us with the legal framework within which to determine these issues. Whether Roman practices with regard to land transactions survived in Northern Europe is a controversial question. It has recently been argued that charters from as far north as modern Belgium from the seventh to the ninth centuries show traces of Roman conveyancing practices. In the case of England, however, we can be reasonably confident that all knowledge of Roman conveyancing practices was lost in the centuries that followed the Anglo-Saxon invasions (fifth and sixth centuries). When the Anglo-Saxons began to book land transactions in the seventh century, that practice represented a new beginning, although it may have been a beginning that was influenced by surviving Roman practices on the Continent. -
Routes to Qualification As a Jersey Solicitor Or Advocate
April 2016 (4th edn) ROUTES TO QUALIFICATION AS A JERSEY SOLICITOR OR JERSEY ADVOCATE If you aspire to qualify as a lawyer in Jersey, the steps set out below are a guide to how to achieve this. By ‘qualify’ we mean become an advocate or solicitor of the Royal Court of Jersey. It is important to remember that many people work in a variety of roles in Jersey law offices without formally qualifying as a Jersey advocate or solicitor. There are two kinds of qualified Jersey lawyers, regulated by the Advocates and Solicitors (Jersey) Law 1997. Jersey advocates have rights of audience before the Magistrate’s Court, the Royal Court and the Jersey Court of Appeal whereas Jersey solicitors do not (though they may represent clients in the Petty Debts Court and appear in summonses before the Greffier, the Master and the Registrars of the Family Division). Apart from this, there is little difference between the two branches of the legal profession: both take the same Jersey law exams; both may become partners in law firms; and both often do similar kinds of work for clients on a day-to-day basis. A person who qualifies as a Jersey solicitor is eligible to become a Jersey advocate after practising for three years without the need to take any further examinations. These notes have been prepared by the Institute of Law for general information; detailed questions about particular matters (e.g. whether your law degree is recognised as satisfying the academic stage) should be addressed to the Deputy Bailiff’s Office. -
Report on Section 35 of the Property Law Act
Report on Section 35 of the Property Law Act A Report prepared for the British Columbia Law Institute by the Members of the Real Property Law Reform (Phase 2) Project Committee BCLI Report no. 64 January 2012 British Columbia Law Institute 1822 East Mall, University of British Columbia, Vancouver, B.C., Canada V6T 1Z1 Voice: (604) 822-0142 Fax: (604) 822-0144 E-mail: [email protected] WWW: http://www.bcli.org ----------------------------------------------- The British Columbia Law Institute was created in 1997 by incorporation under the Provin- cial Society Act. Its strategic mission is to be a leader in law reform by carrying out: • the best in scholarly law reform research and writing; and • the best in outreach relating to law reform. ----------------------------------------------- The members of the Institute are: D. Peter Ramsay, Q.C. (Chair) R.C. (Tino) Di Bella (Vice-Chair) Gregory K. Steele, Q.C. (Treasurer) Prof. Joost Blom, Q.C. Dean Mary Anne Bobinski Arthur L. Close, Q.C. Christine S.K. Elliott Richard H.W. Evans Prof. Robert G. Howell Fiona Hunter Lisa A. Peters Geoff Plant, Q.C. Andrea L. Rolls Stanley T. Rule ----------------------------------------------- This project was made possible with the financial support of The Law Foundation of British Co- lumbia, the Notary Foundation, and the Real Estate Foundation of British Columbia. The Insti- tute gratefully acknowledges the support of these foundations for its work. The Institute also gratefully acknowledges the sustaining support of The Law Foundation of British Columbia and the Ministry of Attorney General. ----------------------------------------------- © 2012, British Columbia Law Institute. All rights reserved. Library and Archives Canada Cataloguing in Publication Forthcoming INTRODUCTORY NOTE Report on Section 35 of the Property Law Act Section 35 of the Property Law Act allows the Supreme Court of British Columbia to remove certain kinds of charges from the title to land or modify them. -
SCOTLAND 1. Real Property
UK: SCOTLAND Kenneth G C Reid Professor of Property Law, University of Edinburgh and a Scottish Law Commissioner1 1. Real Property Law – Introduction 1.1 General Features and Short History The United Kingdom of Great Britain and Northern Ireland comprises one state, four countries and three jurisdictions. The jurisdictions are (i) England and Wales (ii) Scotland and (iii) Northern Ireland. Each jurisdiction has its own courts, its own lawyers, and its own law. The state has a common parliament (the House of Commons and House of Lords), a common executive, and a common supreme court (the House of Lords), all based in London. But in recent years there has been administrative and legislative devolution both to Scotland and to Northern Ireland. A separate parliament for Scotland was established in 1999, with power to legislate on most areas of private law.2 The union between Scotland and England took place in 1707.3 Before then the countries were separate states. In the medieval period the laws of Scotland and England had many points in common. In particu- lar the feudal system of land tenure, which reached England with the Norman Conquest in 1066, was introduced to Scotland in the course of the twelfth century. From the sixteenth century onwards, how- ever, there was a substantial reception of Roman law in Scotland (but not, on the whole, in England). In Scotland, as in many other European countries, the jurists of the ius commune were studied, and their writings applied in the courts. National legal education did not begin properly in Scotland until the early eighteenth century, and before that time law students from Scotland often studied in the universities of Europe, at first mainly in France and, after the Reformation, in the Netherlands. -
Escaping the Tyranny of Common Law Estates
Missouri Law Review Volume 42 Issue 3 Summer 1977 Article 1 Summer 1977 Escaping the Tyranny of Common Law Estates Ronald Maudsley Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation Ronald Maudsley, Escaping the Tyranny of Common Law Estates, 42 MO. L. REV. (1977) Available at: https://scholarship.law.missouri.edu/mlr/vol42/iss3/1 This Article is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Maudsley: Maudsley: Escaping the Tyranny of Common Law Estates MISSOURI LAW REVIEW Volume 42 Summer 1977 Number 3 ESCAPING THE TYRANNY OF COMMON LAW ESTATES RONALD MAUDSLEY* The complexities of the law of future interests are not wholly due to the medieval English judges' enjoyment of legal technicalities. Complica- tions inevitably arise when a legal system allows any form of ownership of property more sophisticated than absolute ownership by a single individu- al. The Anglo-American common law has dealt with the problems of future and successive interests in land by its doctrine of estates or, as Maitland called it, the "wonderful calculus of estates." However wonderful it is, our inheritance has not been trouble-free. This article will examine a possible line of solution to some of the problems which arise where the ownership of land is split between differ- ent persons.