Property Law

Property Law

Introduction to Property law​

Land law (property law) is a complex area of law. It is advised to a prospective buyer, seller and third parties to seek a legal advice whenever the property involved is a land or issue is about land or real estate or an interest in the land. There are three ways in which rights in property can differ: Different strengths of property rights Different types of property rights Different sources of property rights...​Read More

Land Registry UK

Land Registry UK

Registered Land is a piece of a land which is registered with H.M Land Registry. Land registration has been made compulsory for the whole of England and Wales since 1st December 1990. The land is not automatically registered, there are certain trigger events, such as the sale of property/land, on the occurrence of such a trigger event, it is compulsory to register the land with the HM Land Registry....Read More

Trust of Land

Trust of Land​

A person can set up a trust of land by his or herself for many reasons, however whenever two or more people have an interest in the same piece of land a trust is imposed by law. This chapter includes important provisions provided under The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), which a buyer or seller of a registered or unregistered land must be aware of as TOLATA imposes a trust of land whenever two or more people have interest in the same piece of land..​Read More

estoppel

Property Estoppel​

Proprietary estoppel provides a means by which interests in land can be obtained informally. Property Estoppel is a remedy which is used to compensate a person (A) who was either actively encouraged by another person (B) to believe that the person he/she (A) has present or future rights/interests in person B’s land....Read More

covenants

Leasehold covenants, enforcement and remedies​

Leasehold covenants are those terms agreed in a lease that relate to the parties’ obligations to each other in their capacity as landlord and tenant. Covenants are promises made by the landlord and tenant in a deed Covenants can be express and implied as well.​..Read More

easements

Easements​

An easement provides some form of right which is exercised over the land belonging to another. An easement is a category of third-party interests in land. It is a right over someone else’s land, however, it is a very limited right to limited use of another person’s land It is important to note that only those rights which are recognised by the court are able to be classified as easements.​..Read More

adverse posession unsplash Property Law

Adverse Possession​

Adverse possession is a mechanism which allows a trespasser to acquire title to land and to displace the rights of the ‘paper owner’. It is based on the principle of limitation of actions whereby an action in the courts becomes ‘statute-barred’ after a certain period of time. Adverse possession is commonly referred to as squatter’s possession or rights. Squatters rights occur when someone takes over a piece of land that belongs to someone else'...Read More

Unregistered Land

Unregistered land​

Unregistered land is one which is still not registered with HM Land Registry “Unregistered title‟ refers to the fact that title to the property has not yet been registered at HM Land Registry. A large number of properties in England and Wales are not registered with HM Land Registry From 1st December 1990, all land in England and Wales must register the title of unregistered land on the occurrence of specified events...​Read More

co Property Law

Co-ownership of land​

Co-ownership occurs where two or more people hold a beneficial interest in the same land at the same time or where two people jointly own or buy land jointly. Or Co-ownership occurs when two or more persons are simultaneously entitled to land. Their interests in land must be concurrent rather than consecutive In any co-ownership situation, a trust will arise. The legal joint tenants will be trustees, holding the p...​Read More

Trusts

Trusts in Family Home ​

It is common for couples and civil partners to buy property/land together as a family home to provide for themselves and their children. The ownership of the family home is sometimes in the name of the couple or both partners and sometimes it is only one partner whose name is on the deed or in conveyancing documents...​Read More

Property Law

Licenses and Leases ​

A license simply allows someone else other than the land owner to do something on the land, which without a licence would be treated as trespassing. A license neither creates an interest in the land nor alters or transfers property in anything or to anybody. It only makes an action lawful, which without a license would have been unlawful.​..Read More

Freehold

Freehold Covenants, enforcement and remedies​

The landowner of a freehold can make promises to another freehold landowner while selling his land or at any other time as they may see fit or as required. Covenants: Covenants are promises made by landowners in a deed Covenantee: Covenantee is a person who has actually benefited from or who is actually benefiting from the promise/ covenant ....Read More

mortgage unsplash Property Law

Mortgages​

A ‘mortgage’ is an interest in property granted by the borrower (person or businesses) to the lender (normally banks, co-operative banks, and building societies) as security for the repayment of a loan. A mortgage is also a transfer of land as a security for the payment of a debt or the discharge of an obligation....Read More

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