Leasehold Title and Land Registration
Added on 2020-03-16
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LAND LAWBy (Name):Institution:Course:Date:1
Land LawRuth Platt purchased Maple Lodge, from Gareth Evans in February 2017. However, after acquiring the property, Ruth realized there were various undisclosed issues that Gareth entered into when he still owned the property. These issues were theeight years lease of the land to Tony,right of way across the garden of the Maple Lodge by Marcus, and the half ownership of the property by Gareth’s sister (Thomson, 2016, p.512). Therefore, this paper intends to discuss the rights that Ruth has as the current owner of the land. Buying a home is a complicated process that requires one to be extremely careful. Generally, the seller is lawfully required to disclose any significant issues concerning the property at stake. When one discovers that there is a defect in the property after performing his obligation as stated in the agreement, she may claim for some damages (Cooper & Lees, 2017 p.444). Additionally, the law regarding discloser differs from one state to the other and keeps on changing from time to time. However, the law requires the seller to disclose any material defects related to the property that may adversely affect the value of the property, or that positions an unreasonable risk to the people. On the other hand, when the land defects are discovered after the sale, the buyer may have limited chances to recover monetary compensation for the defects discovered (Haire, 2016 p.24). Conversely, if the buyer could improve that the seller knew or should have known the defect, then the buyer may be found liable for the price of the defect. However, if the International Association of Certified Home Inspectors found out that the inspector who was in-charge was responsible, he or she may only be liable for the cost of the inspection. Real Property2
Under English Law, land law is referred as the law of real property. This law relates to the acquisition, protection and conflicts of the rights of the people, and the legal and equitable rights in land. Therefore, this law stands for three main features. First, English land law is different from the civil law in the European Union. This is because it enables the separation of the beneficial property ownership from the legal title to property. Incase the land involves trustees, then they hold legal title, but the benefit, equitable title, and use may belong to various individuals. The legal title to is hard to acquire, but can be acquired in a few minimal formal ways. On the other hand, equitable title can be recognized due to an individual’s contribution or some other reason only if the law deems that it is fair and just to recognize that someone else has stake in the land. In this case the fair and just may apply to the issues relate to the rights that Gareth’s sister has over the land due to her contribution. The second feature is the property rights, which are generally binding the third party as opposed to personal rights that are practicedonly against those who owes an obligation. In most case property rights out ways the personal rights. It is because English courts historically have been willing to demand specific performancefor as a remedy for the property rights interference. On the other hand, people with personal rights under English law are treated differently from the civil law system. It is because English law allows departureto the beneficial ownership of property from legal title to property. Therefore, those people with personal rights such as contract performance are presumptively entitled to monetary compensation, unless damages will be an acceptable remedy. The third mainfeature of the English real property law is that real property refers to land and everything that go along with it, only. The law under section 205(1)(ix) of the Law of Property Act 1925 states that land is a property of any tenancy, minerals and mines, buildings, and the things that are inherited.The land also means an easement rights, and a rent.This definition shows two ideas. Firstly, it 3
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