Wednesday, November 20, 2019

Land Law Essay Example | Topics and Well Written Essays - 2000 words - 1

Land Law - Essay Example Therefore, it is important to now that Under (Law of Property Act 1925 s 199(1)(ii)(a)), the occupant(s) of the property have major interests ‘since it is implicit in Williams & Glyn’s Bank v Boland [1981] AC 487, Midland Bank v Dobson [1986] 1 FLR 171 and Lloyds Bank v Rosset [1991] 1 AC 107 that the beneficial interest (of the third parties) under this trust precedes the court order’ (Milney, 1997). It is an important consideration that belief involved in proprietary estoppel cases can be in any rights in and over the property. Tom, another third party, through a properly executed deed, was given exclusive possession over a cottage in the property for a period of six years. In simpler words, the said cottage was given on lease to Tom by the sole registered owner, Simon. The deed is a legal contact between the two parties with specified terms and conditions. The contractual obligations are legally binding on the two parties. When the property is transferred or sold to another person, the liabilities and other encumbrances, unless discounted, are also carried forward, without affecting the rights of the people, especially those who are leased part of the property through proper legal deals. According to LRA 2002(c.9) Section 12(8), ‘registration with possessory title has the same effect as registration with absolute title, except that it does not affect the enforcement of any estate, right or interest adverse to, or in derogation of, the proprietor’s title subsisting at the time of registration or then capable of arising’ ( Simon had also given right of way over his driveway to his neighbour Nora, for ‘as long as you live’. This law of easement primarily provides a right to use a piece of land by the neighbours for performing specific functions. The most popular easement is ‘right to

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