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Title: Navigating the Challenges of Dissertation Writing in Land Law

Embarking on the journey of writing a dissertation in Land Law is a formidable task that demands a
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In the third instance, there is the appointment of a receiver as a course of action available to the
tenant. This is because in the case, it was held that “the right to have a fence repaired lay in grant,
and so could pass under LPA 1925 section 62” (Crow v Wood, 1971). In the agreement between
landlord and the tenant, it will be noted that there are clearly outlined roles that each party ought to
play. The farm worker went to court claiming to be a tenant by virtue of the fact that he had an
exclusive possession. In all cases, possessory licences must not be mistaken for tenancy. To browse
Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade
your browser. The absence of the grantee and the grantor would therefore mean that the roles needed
to be played cannot clearly be distinguished among the parties. A typical legal application of this
provision is seen in Jeune v Queen Cross Properties where the facts have it that the landlord refused
to perform his repair roles and was dragged to court by the tenant. All the regulations belong to an
immovable property such as land, the benefits arising out of that land, all the things that are attached
to the earth, as well as the things permanently fastened to everything that is attached. Question
3:Explain the various courses of action open to a developer-landowner of servient land who wishes
to carry out a development that would breach a restrictive covenant. The law requires the clear
identification of these two parties because for an easement to go through the requirements of legal
provision, it must define the roles that each party will play. Subsequently, the tenant carried these
repairs out and claimed to deduct the cost of repairs from future rents that he was expected to pay.
State the course of discussion with the heritage sites of five different countries of the European
Union. Section 1 of the law of Property Act 1925 asserts that 'a legal estate is not capable of
subsisting or of being created in an undivided share of the land'. In the case, it is seen that in
situations where there is an act of generosity, charity or friendship, even if exclusive possession
occurs, this may not amount to the occupier becoming a tenant if there are no intentions to create a
legal relation. Now, there is always a possibility of successfully finishing the given land law
dissertation assignment at your personal efforts and we as a responsible agency would be gladder of
your accomplishment. In the situation, and in situation of this nature, because the owner of the
property leaves the property for a very long time, it is always advisable to render to the new
occupant, an exclusive possession. And that the appointment of the receiver is done only under the
instructions of the court and for the purpose of taking over management of the property and not
ownership of it. Furthermore, there is a provision for local authority action, which comes as a court
order for the council to serve notice that requires immediate repairs to be carried out by the landlord.
In a wrong application of this remedy, one may breach the s 37 of Supreme Court Act 1981. The
next form of course of action available to the tenant in an event where landlord fails to carry out
duties and thus breaches a restrictive covenant is specific performance. As it has been perceived, the
rule of law is always better for society than any individual's law. The entry into long term repair
contracts and in some cases, the mortgaging of property is therefore advised against. Apart from
shelter, a considerable piece of land can always be put into agriculture, lease, or commercial utility.
However with time, the plaintiff claimed a right of way for all purposes and all times over and along
a passageway on the defendant’s premises. This is a very clear confirmation that as posited by Lord
Templeman, an exclusive possession is not always equal to a tenancy. Question 2: “A right over land
cannot amount to an easement unless it is capable of forming the subject matter of a grant” Sir
Raymond Evershed Mr, Re Ellenborough Park (1956) Ch 131. This is 100% legal. You may not
submit downloaded papers as your own, that is cheating. Also you. The fact of the case has it that a
wealthy man allows friends to occupy his house for free without rent. In answering this question, a
number of premises are given to clearly distinguish lease from licence by explaining that lease leads
itself up to an exclusive possession that makes the occupant of the property a tenant.
It is for this reason that remedies or courses of action have been made open to parties to involve in
cases there are breaches on restrictive covenant. A better understanding of the nature of land
registration requires us to understand the rationale, mechanics, typologies and salient features of land
registration theory. As outlined by Lord Templeman (1985), a person does not necessarily become a
tenant because such a person has exclusive possession. The first of these rules has to do with the rule
that the easement must not be so extensive that it would deprive servient owner of possession. What
was rather very relevant in determining tenancy was the content of the agreement and not what the
parties choose to call their agreement. We use cookies to create the best experience for you. It always
alienates or exclude the individuals and parties that do not have direct and indirect association with
that concerned piece of land. Imperatively, it will always remain wrong for people to try to
manipulate the law on tenancy and exclusive possession by the use of any other definitions other
than what is spelt out in the agreement. This is a very clear confirmation that as posited by Lord
Templeman, an exclusive possession is not always equal to a tenancy. Once this process is carried
through, rents are now payable to the receiver and no longer to the landlord. The fact of that case has
it that a man who was travelling abroad asked a friend to live in his bungalow whiles he was away. It
is however expected that a claim must be capable of a definition if it would form the subject matter
of a deed of grant. In Street v Mountfield the court felt that the defendant was making a sham out of
a lease by having all the elements of a lease contained within what he alleged was only a license. In
the case, the court gave a clear judgment to the effect that a person’s occupation of a property could
either amount to being a tenant or only a licence. Meanwhile, the court found that the terms of
grantee and grantor was not well defined between the two parties. In a wrong application of this
remedy, one may breach the s 37 of Supreme Court Act 1981. The fact of the case has it that a
wealthy man allows friends to occupy his house for free without rent. Reportedly, David and Anne
are the mortgagors, as they have created a mortgage in favor of the mortgagee, Luton Bank.
Question 2: “A right over land cannot amount to an easement unless it is capable of forming the
subject matter of a grant” Sir Raymond Evershed Mr, Re Ellenborough Park (1956) Ch 131. Here
again, it must be noted that the ownership of the landlord is protected by the court that appoints a
receiver. This is because in the case, it was held that “the right to have a fence repaired lay in grant,
and so could pass under LPA 1925 section 62” (Crow v Wood, 1971). Indeed, in consonance with
the Landlord and Tenant Act 1985, the specific performance was ordered whether or not the breach
related to a part of the premises let to the tenant. This is because in the case, it was held that what
was supposed to be a mere repair out went its bounds to become reconstruction. These exceptions
include: (a) An act of generosity (Helsop v Burns, which you already mentioned it) (b)Service
Occupancy (Crane v Morris) (c) Occupancy by virtue of office (d) Occypancy prior to completion of
contract of sale Indeed, by definition, the very first requirement for a lease is exclusive possession.
The law requires the clear identification of these two parties because for an easement to go through
the requirements of legal provision, it must define the roles that each party will play. In all cases,
possessory licences must not be mistaken for tenancy. But in case, you are feeling the heat of
submitting your next land law dissertation assignment with proximity of deadline, then also you are
in safe hands. With regard to whether or not the living arrangements constitute a lease or a license,
the general principle of law is that unless an individual occupying another's land has exclusive
possession, they will be a licensee and not a tenant. Ultimately therefore, the application of this
particular course of action could be combined with another course of action if the combined remedy
holds the key to getting the repairs carried out.
However with time, the plaintiff claimed a right of way for all purposes and all times over and along
a passageway on the defendant’s premises. It must be noted however that the tenant does not only
claim damages for the health injuries and alternative accommodation in isolation but also takes the
damages in addition to the cost of repairs that were carried out. Section 1 of the law of Property Act
1925 asserts that 'a legal estate is not capable of subsisting or of being created in an undivided share
of the land'. Specific performance is covered in s 17(1) of the Landlord and Tenant Act 1985. As a
matter of legal principle, once a person takes up the possession by virtue of the person’s office or
official duties as seen in the case of the farm worker, exclusive right to occupancy ceases the very
moment the office appointment is terminated. Keep on browsing if you are OK with that, or find out
how to manage cookies. Their problems start gushing in right from the choice to pick the right topic.
But the good news is that the students expecting topics of the law for different other assignment
writing formats like case study help, essay help, research paper writing help or thesis help. Therefore
since the plaintiff failed to fence the land, she could not complain of cattle trespass. Download Free
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POSSESSION SUB-COMMITTEE CONSULTATION PAPER ADVERSE POSSESSION Lucy
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preview is currently unavailable. As outlined by Lord Templeman (1985), a person does not
necessarily become a tenant because such a person has exclusive possession. The reasons that have
sparked this debate are their ability to bind purchasers and third parties without their emergence or
even prerequisite on the HM Land Registry. Indeed, the same basis of the principle was held in the
judicial hearing, concluding that the arrangement was only a licence. This is a very clear confirmation
that as posited by Lord Templeman, an exclusive possession is not always equal to a tenancy. The
next form of course of action available to the tenant in an event where landlord fails to carry out
duties and thus breaches a restrictive covenant is specific performance. Imperatively, it will always
remain wrong for people to try to manipulate the law on tenancy and exclusive possession by the use
of any other definitions other than what is spelt out in the agreement. It is for this reason that this
provision of the law has been made that there must be a grantee and a grantor, who do not just exist
as parties to the agreement but must also be able to either transfer or acquire a piece of property by
grant. Furthermore, there is a provision for local authority action, which comes as a court order for
the council to serve notice that requires immediate repairs to be carried out by the landlord. Question
2: “A right over land cannot amount to an easement unless it is capable of forming the subject matter
of a grant” Sir Raymond Evershed Mr, Re Ellenborough Park (1956) Ch 131. This is because the fact
of the case has it that a farm worker managed to secure an exclusive possession to a cottage on a
farm mainly on condition that he remained an employee of the claimant. In effect, there was no case
in the judgment that could directly decide that there had been no lost modern grant by or to any of
the parties. The register provides, in effect, a fairly accurate snapshot of title at any given moment.
The second rule that applies touches on the fact that there must not involve any expenditure on the
part of servient owner. Once this happens also, it would mean that the rights that parties working
under the general categories of established easements enjoy cannot be enjoyed by the defaulting
parties. In the duties of the court, it expects that the interpretation of the law will be made as easily
as possible. In Street v Mountfield the court felt that the defendant was making a sham out of a lease
by having all the elements of a lease contained within what he alleged was only a license. Once this
process is carried through, rents are now payable to the receiver and no longer to the landlord. The
final rule under this provision has to do with the capability of a grantor and a grantee. It always
alienates or exclude the individuals and parties that do not have direct and indirect association with
that concerned piece of land. The authors further state that on October 13, 2003, the Land
Registration Act 2002 and the Land Registration Rules 2003 came into force, repealing and replacing
previous legislation governing land registration, the Land Registration Act 1925, which initialled a
different system of land registration.

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