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Easements In English Law
Easements in English law are certain rights in English land law that a person has over another's land. Rights recognised as easements range from very widespread forms of rights of way, most rights to use service conduits such as telecommunications cables, power supply lines, supply pipes and drains, rights to use communal gardens and rights of light to more strained and novel forms. All types are subject to general rules and constraints. As one of the formalities in English law express, express legal easements must be created by deed. Some classes, types, of easement are heavily constrained — the courts of England and Wales will only uphold these as easements subject to wide-reaching public policy, chiefly property rights interference, tests they have laid down in precedent. Similar tests apply to the implication of easements. If they fail on any of these tests the right claimed may be interpreted as a "mere" licence, typically a right of use revocable at will. Details of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Land Law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal system established by William the Conqueror after 1066, and with a gradually diminishing aristocratic presence, now sees a large number of owners playing in an active market for real estate. The modern law's sources derive from the old courts of common law and equity, along with legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates privileges over ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hair V Gillman
''Hair v Gillman'' (2000) 80 P&CR 108 is an English land law case, concerning creation of easements. Facts Ms Gillman had taken a seven-year lease of a school built in the back yard of a three-storey building that had a forecourt by the street. It was leased by a third party. The school's lease (and underlying freehold) had a right of way by the building in front of it, but no express right of way over the forecourt in front of that. The building was leased to accountants for 21 years from 1977, and the freehold was bought by Mr Hair in 1985. Gillman claimed that she had been given permission to park her car in the forecourt, and this crystallised into an easement under Law of Property Act 1925, section 62(1) when acting for the school she entered into the lease. Hair before the action denied Gillman the parking space he had earlier allowed on unstated terms. He sought a declaration Gillman would have no such continuing right related to her school. Judgment Judge LJ sitting alo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bona Fide Purchaser
A ''bona fide'' purchaser (BFP)referred to more completely as a ''bona fide'' purchaser for value without notice is a term used predominantly in common law jurisdictions in the law of real property and personal property to refer to an innocent party who purchases property without notice of any other party's claim to the title of that property. A BFP must purchase for value, meaning that they must pay for the property rather than simply be the beneficiary of a gift. Even when a party fraudulently conveys property to a BFP (for example, by selling to the BFP property that has already been conveyed to someone else), that BFP will, depending on the laws of the relevant jurisdiction, take good (valid) title to the property despite the competing claims of the other party. As such, an owner publicly recording their own interests (which in some types of property must be on a court-recognised Register) protects themself from losing those to an indirect buyer, such as a qualifying buyer f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Land Registration Rules 1925
Land, also known as dry land, ground, or earth, is the solid terrestrial surface of the planet Earth that is not submerged by the ocean or other bodies of water. It makes up 29% of Earth's surface and includes the continents and various islands. Earth's land surface is almost entirely covered by regolith, a layer of rock, soil, and minerals that forms the outer part of the crust. Land plays important roles in Earth's climate system and is involved in the carbon cycle, nitrogen cycle, and water cycle. One-third of land is covered in trees, 15% is used for crops, and 10% is covered in permanent snow and glaciers. Land terrain varies greatly and consists of mountains, deserts, plains, plateaus, glaciers, and other landforms. In physical geology, the land is divided into two major categories: mountain ranges and relatively flat interiors called cratons. Both are formed over millions of years through plate tectonics. A major part of Earth's water cycle, streams shape the lan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Land Registration Act 1925
The Land Registration Act 1925 (LRA) was an act of Parliament in the United Kingdom that codified, prioritised and extended the system of land registration in England and Wales. It has largely been repealed, and updated in the Land Registration Act 2002. Background After the Land Registry Act 1862 and further attempts in 1875 and 1897 failed, as they either tried to register everything or largely relied on voluntary registration, the 1925 Act was drafted to ensure a more complete, but progressive system. The LRA 1925 was passed along with a package of reforms of the land and settlement system, including the Law of Property Act 1925, the Trustee Act 1925, the Settled Land Act 1925 and the Land Charges Act 1925. The Act was amended by the Land Registration Act 1936. The subsequent Commons Registration Act 1965 made reference to the Land Registration Acts 1925 and 1936. Content The basic premise of the Act was that interests in registered land had to be registered in order to bind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Land Registration
Land registration is any of various systems by which matters concerning ownership, possession, or other rights in land are formally recorded (usually with a government agency or department) to provide evidence of title, facilitate transactions, and prevent unlawful disposal. The information recorded and the protection provided by land registration varies widely by jurisdiction. In common law countries, particularly in jurisdictions in the Commonwealth of Nations, when replacing the deeds registration system, title registrations are broadly classified into two basic types: the Torrens title system and the English system, a modified version of the Torrens system.Lyall, Andrew. ''Land Law in Ireland''. ; Ch. 24 Cadastral systems and land registration are both types of land recording and complement each other.Jo Henssen, BASIC PRINCIPLES OF THE MAIN CADASTRAL SYSTEMS IN THE WORLD, Implementations Americas Canada Falkland Islands The Falkland Islands registry holds copies of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crabb V Arun District Council
''Crabb v Arun District Council'' 975EWCA Civ 7is a leading English land law and English contract law">contract case concerning "proprietary estoppel". Lord Denning MR affirmed that where agreements concern the acquisition of rights over land, there is no need for both parties to provide a consideration for upholding the bargain. While promissory estoppel cannot found a cause of action it was held that in the peculiar situation of land, consideration is not necessary at all. Facts In 1965 Mr Victor Crabb bought 2 acres of land in the sea-side village of Pagham, near Bognor Regis. His boundary onto acres to the west, demarcated by publicly owned Mill Park Road, belonged to Arun District Council (ADC) (formerly Chichester Rural District Council). His north boundary faced Hook Lane. He thought he enjoyed two access points on Mill Park Road, which led up to Hook Lane, and out of the village, point "A" and point "B". The access point "A" was open by virtue of a formalise ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proprietary Estoppel
Proprietary estoppel is a legal claim, especially connected to English land law, which may arise in relation to rights to use the property of the owner, and may even be effective in connection with disputed transfers of ownership. Proprietary estoppel transfers rights if *someone is given a clear assurance that they will acquire a right over property, *they reasonably rely on the assurance, *they act substantially to their detriment on the strength of the assurance, and *it would be unconscionable to go back on the assurance. If these elements of assurance, reliance and detriment, and unconscionability are present, the usual remedy will be that the property will be transferred to the claimant, if the court views the reliance to warrant a claim in all the circumstances. History In 1862, in '' Dillwyn v Llewelyn'', a son was held to have acquired a house from his father because he was given a written notice that he would, despite never having completed a deed for conveyance, after ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Testamentary Disposition
A testamentary disposition is any gift of any property by a testator under the terms of a will. Types Types of testamentary dispositions include: * Gift (law), assets that have been legally transferred from one person to another * Legacy, testamentary gift of personal property, traditionally of money but may be real or personal property * Life estate, a concept used in common and statutory law to designate the ownership of land for the duration of a person's life * Demonstrative legacy, a gift of a specific sum of money with a direction that is to be paid out of a particular fund See also *Testator A testator () is a person who has written and executed a Will (law), last will and testament that is in effect at the time of their death. It is any "person who makes a will."Gordon Brown, ''Administration of Wills, Trusts, and Estates'', 3d ed. (2 ... * Codicil (will) References Wills and trusts {{law-term-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equitable Maxims
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness. They were developed by the English Court of Chancery and other courts that administer equity jurisdiction, including the law of trusts. Although the most fundamental and time honored of the maxims, listed on this page, are often referred to on their own as the 'maxims of equity' or 'the equitable maxims',The first equitable maxim is 'equity delights in equality' or equity is equality Like other kinds of legal maxims or principles, they were originally, and sometimes still are, expressed in Latin. Role of maxims Maxims of equity are not a rigid set of rules, but are, rather, general principles which can be derived from in spe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Specific Performance
Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. It is typically available in the sale of land law, but otherwise is not generally available if damages are an appropriate alternative. Specific performance is almost never available for contracts of personal service, although performance may also be ensured through the threat of proceedings for contempt of court. Specific performance is commonly used in the form of injunctive relief concerning confidential information or real property. While specific performance can be in the form of any type of forced action, it is usually to complete a previously established transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract. It is usually the opposite of a prohibitory injunction, but there are mandatory injunctions that have a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
