Where the new system of land registration protected the purchaser from the hazardous doctrine of notice, Section 70 1 added a pitfall. Occupation alone is not enough in itself — the person must also have an interest in the land. A purchaser of the land must make enquiries of the person in occupation and only if the person does not reveal their rights will the purchaser take free from them.
Where the land is unregistered and a person has failed to register a land charge, the courts have applied a strict approach of voiding the land charge, in favour of the purchaser. Class C iv , D ii and D iii charges are void against a purchaser of a legal estate for money or moneysworth, whereas classes C i and F are void against the purchaser of any estate in land for value. In contrast, where the land is registered the courts have taken a view that an unregistered minor interest is still protected if a buyer has actual notice.
He went on to say that they were not acting in good faith if they had actual notice of the interest. Battersby also says that actual notice had never been a problem and ought to bind a purchaser [Battersby, REF8].
The Law Commission disagreed and took the view that the doctrine of notice should not apply to registered titles unless statute said otherwise, for various reasons [Law Com No , REF9]. Statute supports this as at S. It is true in terms of transferring ownership of land that the process has been significantly simplified. Investigation of title is quicker, the title is guaranteed and reveals almost all rights, as oppose to the pre system where rights depended on notice. In conclusion, whilst the Land Registration Act has simplified and cheapened conveyancing in many respects, s.
Themes and Perspectives, ed. Property Law — Cases and Materials, pp. Battersby 58 MLR at p. Property Law — Cases and Materials, p. I wrote this essay a long time ago when I was studying and the law may be out of date. Essay UK - http: If this essay isn't quite what you're looking for, why not order your own custom Law essay, dissertation or piece of coursework that answers your exact question?
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Curtains, carpets, lights, appliances such as dishwashers and washing machines were chattels. Lord Justice Roch set out indicators to be used when deciding on items, including whether or not the item could be removed without damaging fabric to the building, and whether or not it was free standing or set into the building. Trespass is the result of airspace metres technically the lower stratum above roof level being invaded.
Kelsen v Imperial Tobacco saw an advertising sign erected by Imperial Tobacco deemed to be an encroachment on airspace amounted to trespass. Rights over airspace are limited to a height that is necessary for ordinary use and enjoyment of the land. Although the legal principle is that the owner of the land owns everything down to the depths of the earth.
Bocardo SA v Star Energy UK Ltd found that although the defendants had legally applied for a license to search for and extract petroleum, they had encroached into the strata layer beneath the claimants land.
The owner of the land owns the layers beneath it unless they relinquish these rights. Elwes v Brigg Gas Co ruled that a prehistoric boat buried six feet below the soil belonged to the owner of the land. The defendants said that treasure is only treasure when gold and silver coins are in the mix. It was ruled that this was the case, and a claim to treasure did not extend to items that were not gold or silver. This interpretation is also subject to the Treasure Act , where the more intricate details are ironed out.
Importantly, the Act outlines that a reward may be paid to the owner of the land which it is found on. So what about items found on the ground? For instance, if you wander across a gold bracelet in an airport terminal, like the claimant did in Parker v British Airways Board , hand it in but say that it should be returned to you if nobody comes forward to claim it, the bracelet is the finders.
Indeed, where you are invited to land, any property you find on that land, unless the owner has made it clear that objects found will belong to them. This must be mentioned before an object is found, and obviously if you find something whilst trespassing, your claim is severely weakened. If you own land, you also own the animals and fish found within the property boundaries. So next time you buy a country estate, you have the right to hunt and catch the wild animals and fish.
How useful is all that information hint: Now you know how land is defined and the complications that may arise with regard to claims on fixtures, airspace, mines, minerals, treasure and wildlife.
Land Law Essays. The selection of land law essays below have been submitted to us by students in order to help you with your studies. Please remember to reference sinres.gq if you wish to cite any of these essays in your own work.
Property & Trusts Law Essays. The selection of property & trusts law essays below have been submitted to us by students in order to help you with your studies. Please remember to reference sinres.gq if you wish to cite any of these essays in your own work.
The Court of the Exchequer, which was hearing this case, expressed its lack of competency to generate, rights that were unrelated to the enjoyment of land and appropriate them to the land with the objective of forming a property in the grantee. Essay: The Land Registration Act The work involved in investigating an unregistered title is far greater than that involved with a registered title. Ownership of unregistered land .
Land Law – Leases Essay Sample. 1. Introduction. Leases in general may be the most valuable category of interest in land other than freehold estate. A lease may also constitute a legal estate. In some cases, such as flats, it may even replace freehold as the operational form of “ownership”. In an everyday conversation, you could define land as any of the above, but when it comes to your land law essays and exams, these might not cut it. The key statute in defining land is the Law of Property Act , specifically section (ix).