Land Law Problem Question and Essay Question

The essay is based on a
land law problem
question and an essay
question

Table of Contents
INTRODUCTION ........................................................................................................................1
FACTS OF THE CASE...................................................................................................................1
TASK 1............................................................................................................................................2
TASK 2............................................................................................................................................6
“The legal floodgates would be opened if dashed expectations of a long-term domestic
relationship opened the door to unjust enrichment claims” – Judge Purle QC Walsh v Singh
[2009] EWHC 3219 ...................................................................................................................6
Critically evaluate this statement and how judges are able to resolve disputes in matters
relating to co ownership of land through the concept of constructive trust, using applicable
case law and legislation...............................................................................................................6
CONCLUSION...............................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Land law refers to defined set of legislation that governs land related activities and any
property that are attached to it. Land law or property law is designed to regulate the rights and
interest transferred from one person to another. The UK has provided wide variety of property
laws. Property law can be movable and immovable property. Land law is designed to manage
commercial transfer between the parties. The UK's land law is very complex and strictly interpret
ate the provision of the land law. Land right deals with wide range of protection including right
to use, right to control, and use of resources. Earlier, many countries has adopted multiple land
reforms to deal with issues such as poverty, agriculture, migration, environmental issue etc. The
United Kingdom has well structured legislation that protects every aspect private right asscoiated
with property. The concept of land revenue recognises its importance under International
humanitarian law. This report will examine the various aspect of Land law and relevant sources
of law
FACTS OF THE CASE
The facts of the given case are as follows, a person named Taylor inherits a registered estate in
Rose cottage as proprietor in the year 2004, lives and work in Germany, therefore Taylor finds
himself too busy and occupied to visit his estate in order to look after it , to manage and look
over the estate he called out his friend(Wale) to look after it . Wale agreed ,though he lives more
than a 100 miles away and due to long distance he could not make regular visit . The fact is that
he visited once only in 2004 and never visited again. Subsequently, one year later in January a
lady named Ebony noticed the cottage and it appears to her unoccupied and accordingly she
break open and entered into the property with the intention to take over the estate . Taking the
note of the condition of the property she decided to renovate and improve the estate for
residential purpose therefore she initiates the work and spends to embellish and décor the
premise, including renovating the kitchen and bathroom. In addition, installation of central
heating. In 2017 Taylor retires and wishes to return to England , in February Taylor returns to
England , when he arrives what he finds is Ebony is residing in his property, he asked Ebony to
vacate the premise onto which she is leaving, in response Ebony denied and claimed her secured
title with reasons that she had spent huge sum in order to develop the estate and it would amount
to breach her human rights to evict her without any valid basis, on the contrary to her preposition
Peterson, J.E., 2018.1

Taylor claim his right over the property and contended her possession over the estate is an act of
criminal offence and has no right to registered with the title . The another angle of the case
includes the field area situate other side of the cottage which is owned by the Abu without
registered title. As from the start Ebony noticed such field is no man's land and she bonafidely
intends to use that field and therefore she started cleaning and weed out wild flower and walked
her dogs in the field in with the view to make a pathway , she has also install the gate to the
field , the present situation is that in May 2017, Abu returned and wish to put his cow in the field
and asked Ebony to stop using the field , The issue is the claim of Ebony over cottage , in
addition to the field by adverse possession.
TASK 1
According to article 1 of protocol No.1 of European convention on human rights and property
rights : it says
Every natural or legal person is entitled to the peaceful enjoyment of his possession. No one shall
be deprived of his possession except in the public interest and subject to the conditions provided
by the law and by the general principles of international law. The intention of the article is clear
that no one shall be deprived of his possession and peaceful enjoyment of possession.
To avail the rights of Article 1 of protocol No. 1 of European convention on human rights and
property rights in case of interference with the property. Since the interference has been
established by the Ebony in year 2005 without knowing the fact that the property belongs to
Taylor, to justify the possession lawful, interference must be justified and proportionate.
interference can be made justified only in two conditions if satisfied. It must be lawful in
consistent with domestic law and must be legitimate . If both conditions are satisfied than
possession even if such possession is acquired adversely be deemed as legitimate in eyes of law.
Adverse possession is effectual regulation which means a person who is not legally entitled to
any property can become lawful owner of land or property by being in possession of such land or
property for long enough to extrude the title of the true owner . The limitation Act 1980 rendered
a legal owner's claim for possession statue barred after 12 years if the squatter could prove they
had bee control of the land for that period.
After the commencement of Registration Act 2002 it is now impossible to obtain title by adverse
possession of property which is duly registered without the permission of the true owner . But
there are certain exceptions to this rule. The exception is that the squatter needs to prove that he
Peterson, J.E., 2018.2