Land Law Assessment - Part A and B

This article provides expert advice on Land Law Assessment - Part A and B. It covers legal and equitable title, threat to hold on property, Land Registration Act 2002 and more. The article is divided into two parts and provides a detailed analysis of the subject matter.

Land Law -
Assessment - Part A
and B

Table of Contents
INTRODUCTION ..........................................................................................................................3
PART 1............................................................................................................................................3
Question 2...................................................................................................................................3
Explain how the estate would devolve in both legal and equitable title. ...................................3
Advise Calum and David whether they should allow Blake to move back into the property.. . .4
Advise Calum and David as to whether there is any threat to their hold on the property, or
whether any other interested party could force its sale...............................................................5
PART B............................................................................................................................................6
Land Registration act 2002.........................................................................................................6
CONCLUSION ...............................................................................................................................8
REFERENCES..............................................................................................................................10

INTRODUCTION
Land laws is the important content and the rights that relates to the property which is
enforced with the equity, common law and other registration systems. In order to gain the
property rights it is important to manage and administer all the purchase and sale through land
law. These are the laws that have been formed in order to deal with various aspects in relation to
transfer and acquisition of land by particular person. As per these laws various rights has been
provided in relation to land. These laws are applied with property and real estate law which helps
in providing more relevancies over various perspective of land law. As per the land legislations
of English system in United Kingdom basic legal structured regarding property transfer has been
covered. Both land law and property law has makes sure that transfer of property is done while
maintaining legality of legal system. Scope of land law and property law is wider as it creates
impact upon transfer of property. Nature is dynamic of these laws as they tend to impact society.1
The file is based upon two parts within in which the general advice related to the legislations and
the legal entitlement of the rights are being considered.
PART 1
Question 2
Explain how the estate would devolve in both legal and equitable title.
In land law all the property and the interest can be vested and is provided within the two
different ways in which the ownership can be obtained as with the legal and the equitable interest
or title. They are explained as:
 Legal title are all such duties and the responsibility which are given to the owner in order
to control and maintain the property by using and attaining the nature and the actual
ownership in the property. It is a true ownership which can be termed as all the rights
which contemplates to have the actual ownership 2. This can be a documentation of
statements with all control and ownership in property on the public records that are being
1 'American Law Institute Model Land Development Code: A Critique (Part II)' (2021) 29
Land Use Law & Zoning Digest
2 'International Law As Part Of The Law Of The Land' (2020) 6 Columbia Law Review

generated by the individuals for applying and managing the land related rights. All such
legality is made through the restricting and managing the enjoyment of property. This
involves some of the major rights like the conveyance rights, exclusive rights, easement,
possession and control etc.
 Equitable rights are all such focus and the enjoyment of the rights of the property which
is been made in order to attain the benefits and the enjoyment of the property. This is
generally not a true ownership and all the legal owner usually get the benefits of the
enjoyment of the property and also for the true ownership3. The control over the
property in the equitable title is not major and it do not provide the consistent control in
any of the areas and the terms. In order to gain the full interest in the property there is
provided to abrupt and manage the full ownership interest ion future it helps in
establishing the financial interest in the property. Once the legal interest is being given to
any person of that equitable title then they can at any time sell the property as according
to their own terms and conditions. This majorly focus on implementing the easement and
enjoyment of the staying on that property and to manage for their own use.
As in this case scenario where Quadruplets Alan, Blake, Calum and David invested and
registered a property on their own name and purchased it for their future living this entitles and
make them all to posses the legal title of that property. As when the documentation and the
public records are made then the ownership is been given to all and in this case all four are there
by the owner of that property and they can enjoy all the legal rights cover their. But as Alan and
Blake were not staying on the property so they reached out to vegan to start their business,
Calum and David were their with the equitable title too as they both were enjoying all the rights
and the functions and were also managing to maintain the laws. Thus their can be seen that
although they both were having the equitable and the legal title but as in the calum and David
were generally enjoying the equitable rights and also possessed to stay their. And these rights
helps to mange and provide all the legal and the equitable benefits to the persons.
3 Bae M, 'Development Plans For Land Administration Law And Appraisal System -
Focusing On Legal Disputes According To 3 Legislations Of Appraisal And Assessment -'
(2019) 87

Advise Calum and David whether they should allow Blake to move back into the property.
As when the property is being purchased by one or more person together then they all
carry the major rights for the property and that will be according to the management and the
entitlement. All of them are equally capable to enjoy the legal ownership and the equitable right
in the property which is vested in between them. As according to the land law Joint tenancy
entitles and provide the equitable interest to all the co-owner of the property. there are some
major legal rights related to property which are as follows:
 Right to possession- This is an important right through which any of the co-owner
can there by take the possession on the property if their seems to carry all the
equal rights as in state of legal title and the property. They can at any time stay
and enjoy the equitable title.
 Right to control- The co-owner is equally having the same rights to control and
manage the property which are being in the management of any other owner. As
they considers to have same rights so they at any time can ask for the documents
and the records with the recent condition of the property. All the co-owner carry
equal rights in all the areas of the property and they has the right as in irrespective
of all the shares and possessions4.
 Right to derive income- In case if the property is given on the rent by all the joint
owners then all are equally entitle to enjoy the rights and manage all the rents to
be distributed evenly. Their also analysed that in all such cases when all such
seems to be considerably important all the co-owners manages and maintain to
gain the deriving of income altogether.
 Right to force sell- In all such cases of joint-owners any of the partner in case if
they need can force the other partners to sell the property and also to manage all
the work in a systematic manner.
Thus, in this case scenario although Calum and David were enjoying the equitable rights
but they all four brought the property as the join owners and Alan and Blake were equally having
the rights on the property. Calum and David will have to allow Blake in order to move to the
property as their Blake to is entitle to get the possession in that property as their was no legal
documentation being made in between them that he is not going to use it in future. Even their
4 Bagne C, 'Up Anddownthezoning' (2018) 26 Land Use Law & Zoning Digest

was no general agreements or legal framework being made for any such thing which excludes
the other two from the property. So they will have to make Blake to share the property and to
stay in that areas as he also possess same rights as with them.
Advise Calum and David as to whether there is any threat to their hold on the property, or
whether any other interested party could force its sale.
Their is being seen that as in Land law all the property which considers to have the joint
owners make them all to equally enjoy all the assets, easements, responsibilities and the
management. In order to maintain the property any of the owner can even shift back but they are
not being excluded from the property for knowing any personal affairs and they have the
possession right as well. In this case scenario there is a major threat for Calum and David as the
property shares equally legal title and they carry same shares in them. Blake was there by seems
to be bankrupt and has no place and money to settle down. As Fidelity Finance his trustee was
ensuring to manage the bankruptcy and to pay all the debts can also make sure to pay back to
creditors. So Blake in order to clear few of his amounts can force Calum and David to sell the
property as he too carry the shares in it. Any of the interested party in the property have the
rights to force the sale of that land in land law and this will not be illegal. This can be made
possible at any times when it seems fit. So, this will be a major threat to hold on the property but
the shares will be given in an equal manner so all of them will get their shares and their will not
be any amount from the shares of the Calum or David can be taken. For maintaining the major
rights this can be framed that all person will manage the legal obligation to assure and manage
the force ability and adherence of the rights and their working.5 No person will there by be made
to manage all the nature and working according to the giving conditions and it stipulates that
legal title make them to work according to the general terms and the scenarios untaken.6
PART B
Land Registration act 2002
This is an important act of UK which is mainly being replaced by all the governing and
the registration through all the legislative works. This is made with the registered proprietor and
5 Girard R, 'Constitutional ‘Takings Clauses’ And The Regulation Of Private Land Use:
Part II' (2018) 34 Land Use Law & Zoning Digest
6 'International Law As Part Of The Law Of The Land' (2020) 6 Columbia Law Review

it focused on the acquisition through which all the adverse possessions and the acquisitions are
managed. This act focus on managing the registration of the property in all the sufficient interest
through which the beneficiaries can manage and the land can be opted with all the personal
interest. Their implies that all the nature and the work is reframed and managed accordingly and
it promotes the applicability with the general conditions and the nature of working. This act
enacts all the registration of the major documents in which several delegation of all the property
are being made through general meaning and also by maintaining the documents and the rights
accompanied by the lease. All the property related the sale and the purchase are being
accompanied in it.
Their is been seen that all the legal estate are considered to be an important areas through which
the management of the property and their provided nature is incorporated. It contemplates to
maintain then laws and the other physical divisions through which all the nature and the power is
being vested. For all the property which is being managed in order to accompany and to maintain
the law and the nature is incorporated. Their is analysed that all the beneficial interest which
seeks to manage the abrupt nature in the property is maintained to frame the lease and the
registered proprietor7.
As when the property is given on ,lease there is seen that all the claims and the conditions
which are implemented in it is completed or not. The property raised through the equitable and
the legal interest are much more likely to manage all the work and their managerial functions. As
in order to give any of the property on lease there is needed to maintain the loss and the further
nature though which the work and the beneficial interest is abrupt.
As in this case where Andy has given each of his floor on rent with the accompanied
agreements that are followed as Ben managed to give £200 for the time period of 1 year, Claire
has occupied the top floor with £800 for 6 years and the Denny incorporated and managed to
give for the 2nd floor for about £100 per week. all of them were being made in the contractual
terms followed in the lease and they are stipulated and have the right on the property from that
particular time period which is been given under it. Their in this analysis it was been seen that
Andy although is the owner of the property and as according to the land registration act 2002
there is been seen that all the owner of the property considers to have major rights and they can
7 Treaties Part Of The Supreme Law Of The Land' (2017) 5 Michigan Law Review

apply and maintain the legal rules and the boundation in accordance with the terms and the
conditions which are given in it. But as their has been made a proper lease holding of the
property which is managed to be of longer term and period. But this will not stop the owner to
sell the property.
In accordance with the law and the registration act 2002 their implies that all the party
can at any time sell the lease hold property to any other person by applying and taking the assent
and the certification for such transferred property. All such properties are needed to be managed
at the time when the lease is not over or even in the major time period of the lease in the
property. In all such issues when the property is on rent and lease it can be sold to any person at
any time period with all the nature and the same conditions that are being applied in it
accordingly.
As in the case of Street v. Mountford (1985) AC 809 there is been seen that the agreement
is labelled and licensed and also managed the agreeing conditions which was not tenancy. Court
held that in all the property which is made on the lease there is analysed three important
conditions which are certain terms, rent and exclusive possession. When all three conditions are
been given then the lease is stipulated and present and no tenant can be removed from the
property8.
Thus in this case Andy can manage and sell the property in accordance with the rules of
the land registration act 2002 he can at any time whenever deems fit can manage to sell the
property but no person who has already taken the property on rent can be removed from the
place as they area already being contemplated with the agreements made in between them. The
purchaser have the right to know all the instance and the conditions at which they have to mange.
And other then this they can apply and maintain the rules accordingly. All the conditions and the
intellectual terms applies the rules and their work through general means and working through
which the applicability and the adherence is applied. The purchaser can impose new conditions
in the lease but cannot remove any of the person from that property in that means time period. As
all then lease is being made in the absolute conditions and the transferable rights are attained and
managed accordingly then they will apply and maintain the rules in the nature of time period
given in between them. The transfer of the shares and the equitable rights is termed out to be an
easy method and there is given that all the percolation and their working is attained and managed
8 Bagne C, 'Up Anddownthezoning' (2020) 26 Land Use Law & Zoning Digest

through the rules and the application of the legal terms and the rights. Their improvised the
conditions through which the person will be entitled to maintain the law and tall the registration
is imparted to be attained according to the general rules and the principles. So further all the
rights and their general adherence is managed and it maintain the law and the order through
which the major stipulation and its maintained of the legal rights are involved9.
CONCLUSION
From this above report it is concluded that, land law is the major rights related to the
property band it contemplates to maintain the registration system and also provides the rights in
relation to the sake, purchase and the other areas of the interest. It provides the important legal
and the equitable rights through which the management and their functions are made. The legal
title is generally all the documents and the laws through which the property considers to be made
with the legal interest. This maintain the public records with proper documentation and their
working principles. Other then this their implies that all the equitable interest are the enjoyment
of the place and it manages the rights and the working areas through which the property is
acquired. It is also contemplated that all the person who have the legal title and the rights will
thereby managed to maintain all the property and their aspects and they can at any time stay and
sell the property. Further this can also be said that land registration act 2002 is an important act
which helps in the property to be sold and managed accordingly it helps in maintaining all the
basic principles and the abiding rules.
9 'American Law Institute Model Land Development Code: A Critique (Part II)' (2021) 29
Land Use Law & Zoning Digest

REFERENCES
Books and Journals
'American Law Institute Model Land Development Code: A Critique (Part II)' (2021) 29 Land
Use Law & Zoning Digest
'International Law As Part Of The Law Of The Land' (2020) 6 Columbia Law Review
Bae M, 'Development Plans For Land Administration Law And Appraisal System - Focusing On
Legal Disputes According To 3 Legislations Of Appraisal And Assessment -' (2019) 87 Korean
Public Land Law Association
Bagne C, 'Up Anddownthezoning' (2018) 26 Land Use Law & Zoning Digest
Girard R, 'Constitutional ‘Takings Clauses’ And The Regulation Of Private Land Use: Part II'
(2018) 34 Land Use Law & Zoning Digest
Bagne C, 'Up Anddownthezoning' (2020) 26 Land Use Law & Zoning Digest
'Treaties Part Of The Supreme Law Of The Land' (2017) 5 Michigan Law Review
'International Law As Part Of The Law Of The Land' (2020) 6 Columbia Law Review
'American Law Institute Model Land Development Code: A Critique (Part II)' (2021) 29 Land
Use Law & Zoning Digest