Ruth 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.
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 practiced only 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 performance for 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 main feature 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 shows that land includes physical things attached to it, for example, the building. Secondly, the intangible rights such as easement, a right of way among others. English also recognizes two kinds of ownership interest: the lease and the fee simple. The fee simple is the right to use the land for unlimited time, while lease is a benefit to use land for a fixed period of time as in the case of Tony’s eight years period given to him by Gareth (Satsangi, 2009, p.253). In these two circumstances, however, use of land is constrained by the contract rights with neighbors, and the necessities of the local council and government.
Under registered coveyancing, the person dealing with the registered proprietors may assume that they have unrestricted authority to dispose the property, are free from any restriction affecting the validity of the deposition or a restriction imposed under the Lnd Registration Act 2002 section 26. Therefore, if for example, two or more individuals are registered as partners or joint proprietors, the buyer can safely obtain the legal property from either of them, unless there is a contrary restriction from the register. A restriction in this case is always the Form A. therefore, Ruth had a right to buy the land from Gareth without any further consulattion from her sister. Additionally, the situation when the registrar may enter into a restraint is when registering two or more people as joint proprietors of a registered property. In such conditions, a Form A restriction has to be entered eccept when the registrar is satisfied that the applicants have trust as the joint beneficial tenants under section 44(1) of the Land registration Act 2002 (Jackson, 2006, p.215).
Moreover, there are numerous ways through which a leasehold in land may be cancelled, in which it can affect the registered title or the title that is subjected to the first registration. Some of the ways may include: First, cancellation of notice that is not registered from the registered reversionary title (Verkuyten, Sierksma &Martinovic, 2015, p.881). Second, is the presence of the merger of lease that heppens when the leasehold estate is registered and reversionary property is subjected to an application for the initial registration or registered. Thirdly, when the registered lease is determined into a reversionary estate that may be the subject of an application for the first registration nor registered (Sampson, 2016, p.23).
On the other hand, Ruth may consider any of the incumrances affecting the leasehold property that is determined and to take an necessary action in their respect. For example if a lease is being determined by notice, frustration of forfeiture, all the incumbrances automatically end with the determination of the lease and can then be ignored (Editor’s Introduction, 2016 p.280). Other than that, in case a lease is determined by disclaimer, surrender, or merger, all the incumbrances that affects the leasehold estate that is determined must be dealt with as suitable. However, if incumbraces is affecting the registered leasehold title, for example, the noted charges or registered, restrictions and cautions, they should be cancelled, discharged or withdrawn, and the appropriate documentation lodged to make effect to this (Lees, 2013, p.64).
Correspondingly, if the leasehold estate is not registered, the incumbrances, for example, a legal charge that might prevent the determination has to be withdrawn, cancelled, or discharged, and the right documentation lodged to achieve this (Gardner, 2014 p.778). Moreover, if there is a Form A restriction on the registered leasehold title or on the registered reversinary title, it will be dificult to know the registered leasehold by merger. Conversely, determination can only happen if there is enough evidence showing that the applicant holds all the properties on the same trusts (‘LAND REGISTRATION CHANGES’ 2004, p.62). In the same way, in case the leasehold property or the reversionary estate are not registered and that there is an indication of trust, there must be a satisfactory lodged evidence showing that the applicant holds the property on an equal trusts.
Moreover, if there is a Form A restriction in the registered leasehold title, and that the lease is being established by surrender, the surrender becomes a disposition for the restiction purposes (‘Land registration: unilateral notices’ 2014, p.15). If the capital monetary comes from a premium that is paid by the land owner to the person to whom lease is offered to and that the surrender is by a sole registered proprietor, the is controlled by the conditions of the restriction and the registered leasehold title must remain open. Besides, other incumbrances, for example, the subjective easements and restrictive covenats will always be carried forward to any registered reversionary title, unless already they have already elaborately repeated on the title. Finally, Ruth may have to sue Gareth for failing to disclose all the leases and the involment of his sister in the ownership of the land and the propeties on it. On the other hand, the court may charge Gareth for the breach of the contact.
References
Cooper, S, & Lees, E 2017, ‘Interests, Powers and Mere Equities in Modern Land Law’, Oxford Journal Of Legal Studies, 37, 2, pp. 435-460.
Editor’s Introduction: Questioning the Commons: Power, Equity, and the Meaning of Ownership’ 2016, American Journal Of Economics & Sociology, 75, 2, pp. 265-288.
Gardner, S 2014, ‘The Land Registration Act 2002 – the Show on the Road’, Modern Law Review, 77, 5, pp. 763-779.
HAIRE, B 2016, ‘Isyour land lease fair? Time to renegotiate?’,Southeast Farm Press, pp. 24-25
Jackson, N 2006, ‘Overreaching In Registered Land Law’, Modern Law Review, 69, 2, pp. 214-241
‘Land Registration Changes’ 2004, Caterer & Hotelkeeper, 193, 4319, p. 62.
‘Land registration: unilateral notices’ 2014, EG: Estates Gazette, p. 15.
Lees, E 2013, ‘Title by Registration: Rectification, Indemnity and Mistake and the Land Registration Act 2002’, Modern Law Review, 76, 1, pp. 62-82.
Sampson, J 2016, ‘Estoppel and the land registration ACT 2002’, Cambridge Law Journal, 75, 1, pp. 21-24
Satsangi, M 2009, ‘Community Land Ownership, Housing and Sustainable Rural Communities’, Planning Practice & Research, 24, 2, pp. 251-262.
Thomson, H 2016, ‘Rural Grievances, Landholding Inequality, and Civil Conflict’, International Studies Quarterly, 60, 3, pp. 511-519.
Verkuyten, M, Sierksma, J, &Martinovic, B 2015, ‘First Arrival and Collective Land Ownership: How Children Reason About Who Owns the Land’, Social Development, 24, 4, pp. 868-882.
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