Modern Land Law
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7 - Interests in Land - Easements
7 - INTERESTS IN LAND - EASEMENTS Definition An easement confers the right to use the land of another in some way, or to prevent it being used in a certain way. Examples are a right of way and a right of light. A legal easement is not merely a right in personam but in rem; it permanently binds the land over which it is exercisable and permanently avails the land which it benefits. Characteristics of an Easement The following 4 essential must be present in order for an easement to exist Re Ellenborough Park [1956] Ch 131: - there must be a dominant and servient tenement; i.e. one plot of land must have the benefit of the right and another plot must have the burden, it cannot exist independently of the ownership of land, an easement must be appurtenant (attached) to a dominant tenement and will pass on a transfer of the land - S.187 LPA 1925. - the right must accommodate the dominant land i.e. it must be of benefit to the land and not for example a personal right granted to its owner Hill v Tupper(1863) 2 H&C 121 - the dominant and servient tenements must not be both owned and occupied by the same person, note quasi-easements under Wheeldon v Burrows [1879] 12 Ch D 31; London v Blenheim Estates Ltd v Ladbroke Retail Parks Ltd (1993) - the right claimed must be capable of forming the subject matter of a grant i.e. of being granted by deed and therefore (i) There must be both a capable grantor and grantee. -
Faculty of Law Part a Bar Course 2011 Land
FACULTY OF LAW PART A BAR COURSE 2011 LAND LAW PART A BAR COURSE 2011 LAND LAW READING LIST & SYLLABUS COURSE CONTENT This course introduces the basic elements of Singapore land law. It begins with the historical background of the law operative in Singapore. The concepts of tenure and estates as modified by local legislation, particularly the State Lands Act, will be considered. The course then focuses on the ways in which land can be held and dealt with. Specific interests in land, such as leases, mortgages, licences, easements, restrictive covenants, and covenants relating to freehold land will be considered. In regard to the Land Titles Act, the concept of indefeasibility and the role and function of caveats will be discussed. Students will also be introduced to the law relating to HDB flats and to the special nature of ownership in strata title properties, including the collective sale of such properties. EXAMINATION Candidates will be assessed solely by way of the end of semester examination. All topics in this syllabus will be examinable. STATUTES *Conveyancing and Law of Property Act (CLPA) (Cap 61) *Land Titles Act (LTA) (Cap 157) State Lands Act (Cap 314) Land Titles (Strata) Act (Cap 158) Building Maintenance and Strata Management Act (Cap 30C) Registration of Deeds Act (RODA) (Cap 269) Residential Property Act (Cap 274) Singapore Land Authority Act (Cap 301) Settled Estates Act (Cap 293) Application of English Law Act (Cap 7A) Civil Law Act (Cap 43) * Students should purchase their own copies of these statutes. Certain materials are red‐spotted in the Reserve Section of the Library. -
Report 73: Unilateral Severance of a Joint Tenancy
NSW Law Reform Commission: REPORT 73 (1994) - UNILATERAL SEVERANCE OF A JOINT TENANCY NSW Law Reform Commission REPORT 73 (1994) - UNILATERAL SEVERANCE OF A JOINT TENANCY Table of Contents Table of Contents....................................................................................................... 1 Terms of Reference and Participants......................................................................... 2 Executive Summary ................................................................................................... 4 Summary of Recommendations ................................................................................. 6 1. Introduction ............................................................................................................ 8 2. Background .......................................................................................................... 10 3. Existing Methods of Unilateral Severance............................................................ 14 4. Shortcomings of the Existing Modes of Effecting Unilateral Severance ............... 20 5. Why Should Unilateral Severance be Simplified? ................................................ 28 6. Reform in Other Jurisdictions ............................................................................... 32 7. Recommendation: Unilateral Severance by Registration of a Declaration of Severance ................................................................................................................ 35 8. Features of the System of Severance -
Sharing Homes: a Discussion Paper
The Law Commission (LAW COM No 278) SHARING HOMES A Discussion Paper Presented to the Parliament of the United Kingdom by the Lord High Chancellor by Command of Her Majesty November 2002 Cm xxxx The Law Commission was set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Toulson, Chairman 1 Professor Hugh Beale QC Mr Stuart Bridge Professor Martin Partington CBE Judge Alan Wilkie, QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ. This Discussion Paper was first published online on 18 July 2002. The text of this Discussion Paper is available on the Internet at: http://www.lawcom.gov.uk 1 At the date this report was signed, the Chairman of the Law Commission was the Right Honourable Lord Justice Carnwath CVO. ii THE LAW COMMISSION SHARING HOMES A Discussion Paper CONTENTS Paragraph Page Executive Summary vi PART I: INTRODUCTION 1 The shared home 1.6 2 A property-based approach 1.23 6 PART II: THE CURRENT LAW 9 Introduction 2.1 9 Trusts of land 2.4 10 Legal and beneficial ownership of the shared home 2.10 11 Legal title – joint tenancy 2.12 11 Beneficial ownership- joint tenancy or tenancy in common 2.16 12 Resolution of disputes between trustees and beneficiaries 2.23 14 Dealings with third parties 2.27 15 Occupation of the shared home 2.32 17 Where a person has an interest under a trust of land 2.34 17 Matrimonial home rights 2.37 18 Orders regulating -
Introduction What Is Land?
Introduction What is Land? - LPA 1925, s 205: ‘Land’ includes land of any tenure, and mines and minerals…’ land includes not just tangible physical property, but also intangible rights in the land, such as the right to walk across a neighbours driveway. - Land is the physical asset and the rights the owner and others enjoy over it. ‘The idea of property in land’ – Kevin Gray and Susan Francis Gray - The idea of property is fragile, elusive and misused - Property is not a thing but a relationship - Property is the word used to describe particular concentrations of power over things. Statutory Formalities: LPA 1925: - Provided a redefinition of what rights could be legal or equitable - Says a lot about joint ownership, creation of proprietary interests, nature of fee simples and leaseholds LPA 1925, s1: - Legal Estates and Equitable Interests - (1) The only estates in land which are capable of subsisting or of being conveyed or created at law are— . (a) An estate in fee simple absolute in possession; . (b) A term of years absolute. (2) The only interests or charges in or over land which are capable of subsisting or of being conveyed or created at law are— . (a) An easement, right, or privilege in or over land for an interest equivalent to an estate in fee simple absolute in possession or a term of years absolute; . (b) A rentcharge in possession issuing out of or charged on land being either perpetual or for a term of years absolute; . (c) A charge by way of legal mortgage; . (d). (e) Rights of entry exercisable over or in respect of a legal term of years absolute, or annexed, for any purpose, to a legal rentcharge. -
June 17 Land
Chief Examiner’s Report The purpose of the report is to provide feedback to centres and candidates on the candidates’ performance in the examination with recommendations about how any issues identified may be addressed. The target audience for this report are centre tutors and candidates. The report should be read in conjunction with the Suggested Answers for the examination. Unit Name: Level 6 Unit 9 Land Law Exam Session: June 2017 CANDIDATE PERFORMANCE OVERALL Candidate performance was of a very good standard with a pass rate of 64%. It should be noted that this is an improvement on the pass rate of the previous two examination sittings and with a higher number of candidates achieving grades of merit and distinction. Higher achieving candidates demonstrated not only breadth but also a depth of sound knowledge and application of the rules and principles that govern land law and as a consequence were able to answer four questions to a consistently high standard. However, it was evident that those who performed less well, including those who failed, were unable to provide four consistently good answers often producing only one or two to the requisite standard. As previously reported, common issues found in relation to both problem questions and essays include candidates failing to tailor their answer to the specific question either writing all they know on a topic or providing generic rote learnt answers. These answers achieved few, if any, marks due to the vast amount of irrelevant legal content. Furthermore, quoting sections of material from the statute books also achieves no marks, no matter how accurately recorded. -
Project No 78
THE LAW REFORM COMMISSION OF WESTERN AUSTRALIA Project No 78 Joint Tenancy and Tenancy in Common REPORT NOVEMBER 1994 The Law Reform Commission of Western Australia was established by the Law Reform Commission Act 1972. Commissioners Chairman Mr P G Creighton BJuris (Hons) LLB (Hons) (Western Australia) BCL (Oxford) Members Dr P R Handford LLB (Birmingham) LLM PhD (Cambridge) Ms C J McLure BJuris (Hons) LLB (Hons) (Western Australia) BCL (Oxford) Officers Executive Officer and Director of Research Dr P R Handford LLB (Birmingham) LLM PhD (Cambridge) Research Officers Mr M G Boylson LLB (Western Australia) Mr A A Head LLB (Western Australia) Staff Mrs S K Blakey Ms K L Chamberlain Mr L McNamara BA (Murdoch) Ms M A Ryan The Commission's offices are on the 11th Floor, London House, 216 St George's Terrace, Perth, Western Australia, 6000. Telephone: (09) 481 3711. Facsimile: (09) 481 4197. _____________________ A draft of this Report was prepared with the special assistance of Dr J Mugambwa LLB (Hons) (Makerere), LLM (Yale), PhD (Australian National University), Senior Lecturer in Law in the Law School at Murdoch University. The Commission is much indebted to him for his valuable work on the Draft Report. To: HON C L EDWARDES MLA ATTORNEY GENERAL In accordance with the provisions of section 11(3)(b) of the Law Reform Commission Act 1972, I am pleased to present the Commission's report on various aspects of the law relating to joint tenancies and tenancies in common of real and personal property in law and equity. PG CREIGHTON, Chairman 22 NOVEMBER 1994 CONTENTS Paragraph Table of abbreviations CHAPTER 1 - INTRODUCTION 1. -
Land Law Lawcards 2012-2013
Land Law 2012–2013 223657.indb3657.indb i 110/28/110/28/11 3:263:26 PMPM Eighth edition published 2012 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN Simultaneously published in the USA and Canada by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2012 Routledge All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice : Product or corporate names may be trademarks or registered trademarks, and are used only for identifi cation and explanation without intent to infringe. First edition published by Cavendish Publishing Limited 1997 Seventh edition published by Routledge 2010 British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library ISBN: 978–0–415–68343–2 (pbk) ISBN: 978–0–203–30845–5 (ebk) Typeset in Rotis by Refi neCatch Limited, Bungay, Suffolk 23657.indb ii 10/28/11 3:26 PM Contents Table of Cases v Table of Statutes xv Table of Statutory Instruments xxiii Table of European Legislation xxv Abbreviations xxvii How to use this book xxix 1 Fundamental concepts 1 2 Conveying title to land with unregistered title 11 3 Transferring title to land with registered title 19 4 Adverse possession and boundaries 31 5 Trusts of land 39 6 Resulting trusts, constructive trusts, proprietary estoppel and licences 53 7 Leases 67 8 Mortgages 85 9 Easements and profi ts à prendre 97 10 Freehold covenants 109 11 Putting it into practice . -
I Welcome to the Property Law I Course. the Materials Which Will Form the Basis of the Lecture Progr
1 2017-2018 PROPERTY LAW - I Welcome to the Property Law I course. The materials which will form the basis of the lecture programme are attached. Please bring them along to all sessions. Also included are questions, which we shall go through in class and past papers, which you can browse at leisure. The examination is a 90 minute, closed book exam. It will take the following format: The exam will comprised of two parts, Part I and Part II. There will be two questions in each part. Part I will contain essay questions and part II will contain problem questions. You must answer two questions, one from part I and one from part II. The questions in Part I are problem questions and in Part II essay type questions. If you need to contact me please use the following email address: [email protected] You may wish to purchase a textbook. The one I recommend is: Textbook on Land Law, Judith-Anne Mackenzie, published by Oxford University Press Contents Introduction Estates and interests in land Acquisition of land – contract and conveyance Acquisition of land – adverse possession Leases Easements Restrictive covenants 2 Topic ONE INTRODUCTORY LECTURE A. The Meaning of Property Property is a relationship between people and a thing, rather than the thing itself. Property is a construct of the law. It is the rights we have against other people recognised by our legal system in relation to a thing we claim to own. Land law is concerned with the relationship people have with land and the state of that land. -
Introduction to Land
‘The text is clear and easy to understand. It explains the issues very well indeed without over-simplifying fundamental points.’ Introduction to Land Law Introduction Dr Janine Griffi ths-Baker, Senior Lecturer, School of Law, University of Bristol ‘A clear, concise and accurate introductory text written by a leading authority in land law.’ Introduction to Dr Antonia Layard, Lecturer, School of Law, Cardiff University ‘Comprehensive and well-structured.’ Shan Cole, Senior Lecturer, School of Law, University of Glamorgan Land Law Roger Smith’s Introduction to Land Law presents a SECOND EDITION straightforward account of the law and its effects, giving a clear and accessible explanation of concepts students often fi nd diffi cult to grasp. It illuminates the interesting and thought-provoking issues stemming from land law. Roger J. Smith A unique chapter structure allows students to understand the fundamental place and practice of each subject area before delving into some of the deeper matters they will be expected to engage with throughout their course: • Nature and importance sets out, by use of examples, how the law functions and why it is important. Do you want to give yourself a head start come • Main issues and rules clearly explains the key exam time? principles in detail, including case analysis and diagrams where helpful. • Critical and controversial issues introduces areas Visit www.mylawchamber.co.uk/smithintro of topical debate and controversy, outlining the key to access interactive quizzes, sample issues and arguments, then encouraging students to exam questions with answer guidance, and form their own assessment of the law in each area. -
June 17 Land
LEVEL 6 - UNIT 9 – LAND LAW SUGGESTED ANSWERS – JUNE 2017 Note to Candidates and Tutors: The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students should have included in their answers to the June 2017 examinations. The suggested answers set out a response that a good (merit/distinction) candidate would have provided. The suggested answers do not for all questions set out all the points which students may have included in their responses to the questions. Students will have received credit, where applicable, for other points not addressed by the suggested answers. Students and tutors should review the suggested answers in conjunction with the question papers and the Chief Examiners’ reports which provide feedback on student performance in the examination. SECTION A Question 1 The first step to any claim based on adverse possession is that the claimant must prove that they have satisfied three fundamental requirements. As stated in Powell v MacFarlane (1979) and reaffirmed in the House of Lords in Pye v Graham (2002), these are factual possession, an intention to possess the land and the possession must be adverse. Factual possession is effectively exclusive possession (Buckinghamshire County Council v Moran (1990)). The requirement is that the claimant has a sufficient degree of physical possession and control of the land. The level required will depend on the nature and quality of the land in question. The claimant must also have been dealing with the land for his or her own benefit as the paper title owner might have done (Powell v MacFarlane). -
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McFarlane, Hopkins & Nield: Land Law, Text, Cases and Materials, 4th edition Answer Guidance Chapter 7 Question 1: What is the key difference between a personal right and a property right? Is it true to say that, if B has a pre-existing property right that right will always bind C; whereas if B has only a personal right, then B will never have a claim against C? If B has a personal right against A, this simply tells us about the legal relationship between A and B: so B’s personal right against A is binding only on A. In contrast, if B has a property right, that right is capable of binding anyone – it is not simply personal, as it is not linked to a specific person, but is instead linked to specific property. Some care must be taken however. First, it is not true to say that B’s pre-existing property right will always bind C: it may be possible for C to have a defence against B’s right. We encountered the lack of registration defence, for example, in Chapter 3, and will consider defences in detail in Chapters 15, 16 and 17. Secondly, it is not true to say that if B has only a personal right against A, then B will never have a claim against C. B cannot assert against C the personal right against A, but that does not prevent B having a different right that binds C. We will consider some cases in which B can acquire such a right in section 3.3.