Flying Freehold
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Flying Freehold
Flying freehold is an English legal term to describe a freehold which overhangs or underlies another freehold. Common cases include a room situated above a shared passageway in a semi-detached house, or a balcony which extends over a neighbouring property. In the law of England and Wales, originally a freehold property included the ground, everything below it and everything above it. By the 13th century, the courts had begun to accept that one freehold could overhang or underlie another. This concept was settled law by the 16th century.Perrott, R. & Brandes, A.: ''Get the hang of it: Flying Freeholds''. Estates Gazette, 25 June 2011, p. 101. . Flying freeholds are viewed as a title defect, because they rarely have adequate rights of support from the structure beneath or rights of access to make repairs.Dunn, S.The house we're buying has a flying freehold - what's this? The Independent, 5 November 2008. Retrieved 6 September 2011. This is an issue if, for example, scaffolding ...
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Law Of England And Wales
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common law ori ...
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Freehold (law)
In common law jurisdictions such as England and Wales, Australia, Canada, and Ireland, a freehold is the common mode of ownership of real property, or land, and all immovable structures attached to such land. It is in contrast to a leasehold, in which the property reverts to the owner of the land after the lease period expires or otherwise lawfully terminates. For an estate to be a freehold, it must possess two qualities: immobility (property must be land or some interest issuing out of or annexed to land) and ownership of it must be forever ("of an indeterminate duration"). If the time of ownership can be fixed and determined, it cannot be a freehold. It is "An estate in land held in fee simple, fee tail or for term of life." The default position subset is the perpetual freehold, which is "an estate given to a grantee for life, and then successively to the grantee's heirs for life." England and Wales Diversity of freeholds before 1925 In England and Wales, before the Law of Prope ...
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Cuius Est Solum Eius Est Usque Ad Coelum Et Ad Inferos
''Cuius est solum, eius est usque ad coelum et ad inferos'' (Latin for "whoever's is the soil, it is theirs all the way to Heaven and all the way to Hell") is a principle of property law, stating that property holders have rights not only to the plot of land itself, but also the air above and (in the broader formulation) the ground below. The principle is often referred to in its abbreviated form as the ''ad coelum'' doctrine. In modern law, this principle is still accepted in limited form; the rights are divided into air rights above and subsurface rights below. Property title includes to the space immediately above and below the ground – preventing overhanging parts of neighboring buildings – but do not have rights to control flights far above the ground or in space. In dense urban areas, air rights may be transferable (see transferable development rights) to allow construction of new buildings over existing buildings. In some jurisdictions, the ability to exploit minera ...
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Estates Gazette
''EG (formerly Estates Gazette)'' is an established provider of data, news and analytics for the UK commercial property market. It was first published in 1858 and celebrated its 150th anniversary in 2008. In March 2008, ''Estates Gazette'' was announced as one of the top 500 "Business Superbrands" in the UK. In 1996, ''Estates Gazette'' launched its own online property news and research arm, EGi. In 1997, the group launched Propertylink, the UK's largest free-access commercial property availability search website. EG is part of a portfolio of brands that belongs to LexisNexis Risk Solutions LexisNexis Risk Solutions is a global data and analytics company that provides data and technology services, analytics, predictive insights and fraud prevention for a wide range of industries. It is headquartered in Alpharetta, Georgia (part of .... The publication hosts its own "EG Awards" annually, the show being held in London each year. References 1858 establishments in t ...
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The Independent
''The Independent'' is a British online newspaper. It was established in 1986 as a national morning printed paper. Nicknamed the ''Indy'', it began as a broadsheet and changed to tabloid format in 2003. The last printed edition was published on Saturday 26 March 2016, leaving only the online edition. The newspaper was controlled by Tony O'Reilly's Irish Independent News & Media from 1997 until it was sold to the Russian oligarch and former KGB Officer Alexander Lebedev in 2010. In 2017, Sultan Muhammad Abuljadayel bought a 30% stake in it. The daily edition was named National Newspaper of the Year at the 2004 British Press Awards. The website and mobile app had a combined monthly reach of 19,826,000 in 2021. History 1986 to 1990 Launched in 1986, the first issue of ''The Independent'' was published on 7 October in broadsheet format.Dennis Griffiths (ed.) ''The Encyclopedia of the British Press, 1422–1992'', London & Basingstoke: Macmillan, 1992, p. 330 It was produc ...
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Court Order
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a judge; some jurisdictions may also require it to be notarized. Content The content and provisions of a court order depend on the type of proceeding, the phase of the proceedings in which they are issued, and the procedural and evidentiary rules that govern the proceedings. An order can be as simple as setting a date for trial or as complex as restructuring contractual relationships by and between many corporations in a multi-jurisdictional dispute. It may be a final order (one that concludes the court action), or an interim order (one during the action). Most orders are written, and are signed by the judge. Some orders, however, are spoken orally by the j ...
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Access To Neighbouring Land Act 1992
Access may refer to: Companies and organizations * ACCESS (Australia), an Australian youth network * Access (credit card), a former credit card in the United Kingdom * Access Co., a Japanese software company * Access Healthcare, an Indian BPO services provider * Access International Advisors, a hedge fund * AirCraft Casualty Emotional Support Services * Arab Community Center for Economic and Social Services * Access, the Alphabet division containing Google Fiber * Access, the Southwest Ohio Regional Transit Authority's paratransit service Sailing * Access 2.3, a sailing keelboat * Access 303, a sailing keelboat * Access Liberty, a sailing keelboat Television * ''Access Hollywood'', formerly ''Access'', an American entertainment newsmagazine * ''Access'' (British TV programme), a British entertainment television programme * ''Access'' (Canadian TV series), a Canadian television series (1974–1982) * Access TV, a former Canadian educational television channel (1973–2011) * Ac ...
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Unregistered Land In English Law
Unregistered land in English law is land that has not been registered with HM Land Registry. Under the residual principles of English land law, for unregistered land proof of title is based upon historical title deeds and a registry for certain charges under the Land Charges Act 1972. Compulsion to register In 2013, because registration of title was never made compulsory ''per se'', 13 per cent of land in England and Wales remained unregistered. Only if a transaction identified in the Land Registration Act 2002 section 4 took place, as under the Land Registration Act 1925, would the land be compulsorily entered on the register. This, however, included any sale, mortgage, or lease over seven years. This means that to find the "root of title" to unregistered property, and the various rights that others might have such as easements or covenants, it is necessary to seek out the relevant bundle of deeds, going back at least 15 years. If unregistered property is being sold on, registrat ...
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Lease
A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial or business equipment are also leased. Basically a lease agreement is a contract between two parties: the lessor and the lessee. The lessor is the legal owner of the asset, while the lessee obtains the right to use the asset in return for regular rental payments. The lessee also agrees to abide by various conditions regarding their use of the property or equipment. For example, a person leasing a car may agree to the condition that the car will only be used for personal use. The term rental agreement can refer to two kinds of leases: * A lease in which the asset is tangible property. Here, the user '' rents'' the asset (e.g. land or goods) ''let out'' or ''rented out'' by the owner (the verb ''to lease'' is less precise because it can r ...
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Tyneside Flat
Tyneside flats are a form of UK domestic housing found primarily on Tyneside, including in Newcastle upon Tyne, Gateshead, South Tyneside and North Tyneside. The first known example of this type was constructed in the 1860s. They are pairs of single-storey flats within a two-storey terrace, a common type of Victorian housing in urban England. Their distinctive feature is their use of two separate front doors onto the street, each door leading to a single flat. The upper flat has a stairway leading from directly behind its front door, the other has a hallway beneath this, with the space below the stairway forming a small storage space. From the outside, the two front doors appear in adjacent pairs between the houses' windows. In contrast, many similar flats, elsewhere in England, have a single shared front door, which opens into a communal lobby with interior doors to each flat. Housing of this period was often constructed as a local mixture of two-storey terraced houses, and s ...
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English Property Law
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four main topics: *English land law, or the law of "real property" *English trusts law * English personal property law *United Kingdom intellectual property law Property in land is the domain of the law of real property. The law of personal property is particularly important for commercial law and insolvency. Trusts affect everything in English property law. Intellectual property is also an important branch of the law of property. For unregistered land see Unregistered land in English law. Real property *Statute of Quia Emptores 1290 *'' R v Earl of Northumberland'' (1568), known as the ''Case of mines'' *Law of Property Act 1925, Land Registration Act 1925 (see also, Land Registration Act 1862) *Land Registration Act 2002 and HM Land Re ...
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