Property Law Case Study 2022

Running head- PROPERTY LAW
Property Law
Name of the Student
Name of the University
Author Note
1.

Property Law1
Facts
Jack and Janet owned a property jointly. After the death of Jack, Janet remarried
Jason. Janet stated to Jason that the house belonged to him equally. He was a house husband
and took care of the household work and minor repairs of the house. However, after the death
of Janet, it was observed that there was a transpired will in which the sole beneficiary of the
property was Janetia, who was Janet’s sister.
Issue
The primary issue that is stated in the problem includes the following:-
1. Does Jason possess any legal right over the property?
Rule
The legislation applicable in the case are as follows:
1. Law of Property Act 1925
According to this provision sec 1 (1), it states that land rights can be leasehold or freehold
(Wang, 2014). It includes the land rights that can be possessed through intangible or
physical hereditaments.
2. Doctrine of Estate
According to this principle, the absolute possession has no restrictions upon the
ownership. The absolute possessor shall be capable of possessing the property and fully
enjoy it as the owner (Miller, 2015). Under this provision, the right of the absolute
possession of the property does not end with the death of the owner and shall only be
unsuccessful upon the adequate title of the successor. The possession indicates that the

Property Law2
rights are absolute and which cannot be reversed. For example, if a property is said to
possessed by a person who is A and it is stated that he shall get the full property upon
becoming a doctor, then it shall be implied that the property is transferred to an upon his
degree of a doctor.
3. Ownership of land
The ownership of the land can be transferred through means that may be made in an
expressed or implied way. The necessary element consists of the transfer upon legal
grounds where the other owner or the person possessing the property whether tangible or
intangible shall be held responsible and will own a duty of care of the property (Baird &
Jackson, 2012). The other person shall possess equal rights and shall be eligible to enjoy
the property equally upon the duty of care and liability towards the property.
4. Co-ownership
The right of the joint owners under the Singapore law can be described either through
joint tenancy or common tenancy. In a joint tenancy, the co-owners are separately or
solely eligible to the entire property. For instance in cases where the husband and the wife
own the property equally whether in an implied or expressed way it becomes implied that
the wife is possessing the property as the same amount as the husband does. It can be
started from that the co-owners of the property also possesses a right of the survivorship.
That means in a case where one of the owners dies, and the entire property goes to the co-
owner (Cuypers, Ertug, Reuer & Bensaou, 2017). For example, following the example in
the case where the husband dies in an accident, then the whole property would
automatically go to the wife without the requirement of any kind of paper works or
impositions. Whereas in Joint Tenancy, it is stated that the owner person holds the
property along with the actual owner. That means the death of the person he may not be