possession from the legal owner. Another rationale was given by April Stroud in “Making Sense of Land Law” where she explained that ownership of land is not absolute ownership but has always been based on a better This is reflective of the well-known phrase “possession is nine-tenth of the law”.3/5(4) Property Law Land law essay Property law library. Preview text. Introduction “These squatters aren’t just aliens, drifters and undesirables. They’re new world barbarians, conquering free spaces and making them their own.” ― James W. Bodden, the Red Light Princess. The question requires a discussion on the impact of the LRA on the doctrine of adverse possession and whether it can “Under s1 (1) (b) LPA the term of years absolute is a legal estate in land and is also a propriety estate”. A lease is an agreement between the landlord (lessor) and the tenant (lessee), where the tenant will enjoy all the rights over the property that the landlord (lessor) has given unless if there is any limitation expressed in the tenancy agreement
(DOC) Land Law Essay on Adverse Possession | Joel Chua - blogger.com
To browse Academia. edu and the wider internet faster and more securely, land law essay, please take a few seconds to upgrade your browser. Skip to main content. edu no longer supports Internet Explorer. Log In Sign Up. Download Free ODT. Land law essay Free PDF. Land Law - Easements Essay. Sheena Nasim. Download PDF.
Download Full PDF Package This paper. A short summary of this paper. READ PAPER. proposals for large-scale development 5 need to be taken into consideration. According to Wragge and Co real estate group, these proposals for reform work out to be advantageous for developers 6. This does give the impression that the reforms are adapted for the future. Acquisition by implication, the Law of Property Act LPAsection 62 in particular and parking easements easements of excessive use will be looked as, not only do they represent examples of twenty-first century problems that easements must now adapt to deal with, but also are crucial areas of the law of easements which are complex and archaic.
Acquisition by implication Implication operates to imply an easement, either the benefit or the burden, on conveyance of property, where the degree of that benefit or burden is not expressly present. This area, accompanied by prescription makes up the bulk of the Commission paper, thus implication will be of key importance with only brief references to prescription. The law of implication and prescription has long been the root of large amounts of case disputes and land law essay led to "cost and distress of land owners" 7 whose land has become burdened, land law essay, unpredictably by an obligation.
Furthermore, there a range of different types of implication methods, from easements of necessity, of intended use, the rule in Wheeldon v Burrows 8Gale on Easements even provides another possible method of implication stemming from the description of the land 9.
This clearly illustrates that this area of land law essay has become unmanaged. It has been allowed to develop without sufficient control, to the extent that the rules on implication are not coherent, land law essay. Unfortunately, the Consultation paper's response 10 highlighted a 5 Green Paper wish to maintain a variant of both methods of implication and prescription for the law of easements which has land law essay through to the most recent report.
The Commission suggest a single statutory test to supplant the current cluster of methods. This would appear to be a reasonable solution as it would give more importance to the actual intentions of the parties, which is surely more fair. Moreover, given that conveyances are more numerous than they have been ever before, the effect of this change would provide a large scale move towards an intention based system. However, a consultee of the report stated that, though this reform of one statutory based principle appears "academically attractive, but is unlikely to serve the purpose of the reforms well.
For these reasons, the Commission have settled on a test laid out in clause 20 of the Draft Bill. This would replace all other existing methods of implication. Surely the effect of this would be to greatly reduce the level of uncertainty in this area. However, this new test is in fact a re-structuring of the current law of implication relating to what is necessary for the reasonable use land law essay the land.
The Commission also do not offer any change on the current law in relation to implication being expressly excluded, and neither does the report support any alterations to the doctrine of non-derogation from grant. However the effects of these shortcomingsare not yet clear as the new bill has yet to become statute, one can conclude that, for a significantly large area of easement law, relatively little change of any worth has actually been proposed.
Therefore, the Commission have not proposed sufficient changes to the fundamentals of the implication of an easement, which is required for it to be fit for the twenty-first century. Law Commission report n. This twentieth century law has evolved from nineteenth century corpus, which was finalised in subsequent statutes enacted in being the Law of Property Actland law essay, along with the Land Registration Actwhich is a poorly-drafted piece of legislation which did no justice for the idea of Land Registration, land law essay.
Note that few people were affected by these statutes as almost all residential property was leasehold, thus fell outside the ambit of this statutory 'code'. So this legislation was passed with these facts in mind. However, today, a societal evolution in Britain has transformed it into a "home-owning democracy" 15 in which freehold owners make up the majority of property dwellers. This gives a background as to why the law created by the LPA ought to be reassessed in relation to Easements.
Section 62 has an intriguing property in that is to be able to create new easements. It effectively adds terms into the transfer of the legal estate. It has the ability to 'upgrade' interests, transforming leasehold interests into freehold ones, an area which the Commission has proposed to maintain.
This section operates to expressly include in a conveyance, the interests, without giving effect to the intention of the parties involved, land law essay.
This is an extremely powerful ability, especially in the way in which it operates in an incognito manner. Moreover, section 62 4 has power to transform precarious rights into legal interests, which did not cause much difficulty in the early twentieth century, but now, due to the large scale home owning culture, the trouble of this section becomes more obvious. For example, the The reform proposed by the Commission is that this section should no longer be allowed to upgrade precarious benefits into legal easements.
This is a sensible reform which would bring the current law more up-do-date with the conveyancing culture of the twenty-first century.
However, the Commission maintain that they would not change the Section 62 ability to upgrade leasehold easements into freehold ones. The justification follows that this section would "be helpful protection against inadvertence" It appears that the ability to upgrade rights is beneficial for the twenty-first century in relation to leasehold enfranchisement, land law essay, which is another element of land law that has multiplied over the past few centuries, land law essay.
Therefore, the reforms suggested for Section 62 of the LPA, have proposed solutions to an important area of land law which is still archaic in nature. For this reason, the Commission have fulfilled their aim in this sense, though this is only one difficulty among many.
Easements that confer a right to extensive use This is becoming an issue of practical importance 19 in this area of law, especially in relation to 'parking easements' for two reasons. Firstly, because the number of motoring vehicles are more common now than they ever were before with the proliferation of multiple vehicle households in the UK since the 16 Tee Op Cit no.
Secondly, because the law was supposedly clarified in the case of Moncrieff v Jamieson 20however, this has not been the case. In fact, land law essay, this decision coupled with the ouster principle, has led to an uncertainty as to what circumstances a right to park can constitute a valid easement. There is no doubt that the right to land law essay does amount to a valid easement, as it is capable of accommodating the dominant tenement as well as being able to form the subject matter of a grant.
The critical issue is whether or not the right to park a car amounts to an excessive use of the land, moreover, the question of possession is raised. Cases such as Wright v Macadam 21 and Grisby v Melville 22 were involved with the development of law in this area, but despite this authority and academic discussion, the law remains unclear. Spark argues in his paper, that there has been a move away from the possessory test as it does not "serve practical realities of contemporary society.
This shift would be the necessary requirement to ensure that the law was adequate for modern society. The House of Lords in Moncrieff 24 land law essay enthusiastic to accept the principle of an easement in the form of a right to park. However the "boudary between exclusive use as of right and exclusionary use incidental to the exercise of a right remains as elusive as ever" 25The Commission suggested this shift by stating: " a right to use another's land in a way that prevents that other land law essay making any reasonable use of it will not for that reason fail to be an easement.
This illustrates that indeed the law has taken a significant leap forward, in that it put fundamentals of easement land law essay second to the forever morphing practical needs of society.
Concluding remarksIt is fair to conclude that, in a number of ways, land law essay, the Law Commission have managed to modernise the law on easements. This land law essay especially seen through easements relating to parking.
Though it may seem radical, this law is in-line with easement laws for pipes and cables which appear exclusively possessive in nature. Furthermore, the efforts to simplify the complex law relating to implication can be seen through the recent proposals, even though, they have not gone far enough. Lastly, the suggestion for reform of Section 62 LPA is a step towards phasing out the influence of archaic law which was drafted and implemented in a different social and historical context.
For these land law essay, though the law of easements is complex and archaic and in desperate need of reform, the Law Commission have managed, in respect to the above matters, to bring about a regime largely adequate for the twenty-first century. Gray, S. OUP 14 Tee, L.
Bibliography Burns, F. Conv Dixon, M. Morgan, P. Sweet and Maxwell. Open Source planning no, land law essay. B CA 22 [] 1 WLR ChD 23 Spark Op Cit no. Related Papers, land law essay.
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Land Law Answering Exam Questions Pt 1
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Critically discuss the relevance of the above statement with reference to cases and legislation. Land law was founded in by the Normans, where all land belonged to the Crown and property was granted in return for services. In the late 19 /5(7) Land Law - Easements Essay. Download. Land Law - Easements Essay. Sheena Nasim. proposals for large-scale development 5 need to be taken into consideration. According to Wragge and Co real estate group, these proposals for reform work out to be advantageous for developers 6. This does give the impression that the reforms are adapted for the future. Acquisition by implication, the Law of Property Law Land law essay Property law library. Preview text. Introduction “These squatters aren’t just aliens, drifters and undesirables. They’re new world barbarians, conquering free spaces and making them their own.” ― James W. Bodden, the Red Light Princess. The question requires a discussion on the impact of the LRA on the 5/5(2)
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