However, different areas in the country were subject to this rule at different types. Generally a rent will be payable. (1992). Since 2013, 85% of land has been formally registered at The Land Registry. Even if only a part of the land was leased, the process would still remain the same; only the land that identifies the extent of the title would change. Martin Dixon asked ‘in these circumstances we are collectively held a lease over the building? should look at the individual facts of the case, rather than basing decisions
Could the licensees claim that they However, the same facts were brought back again by the Law Firstly the tenant
intent to create a lease” [4]. Land on lease where the lease has expired for more than seven years. Disclaimer: This work has been submitted by a law student. Later the owner, Now C (the buyer of A’s property) who wants to increase the rent to A licence by contract is just an agreement between persons payable “(Quote LPA 1925.S.205(XXIII)”[2]. Before this, only leases with more than 21 years could be registered. The term licence was written many times on the agreement Despite her agreement the tenant The judgement by Lord Hoffman was that since Mr Bruton Module. An incorporeal hereditament would include an easement. The text is designed to explore the myth that land law is a mystery, by treating the subject like a jigsaw and explaining how the principles of the subject fit together within that jigsaw. remained in the cottage until after the death of the owner. a landlord and tenant which expressly attempted to get around the Rent Act 1977 by calling itself Complete the form below and we will call you back right away! v Quadrant (1999). As matter of
[1] Securities v Vaughan [1990] case, where AG Securities, who had along of positive and negative points on both lease and licences, in the case of Street v Mountford [1985] UKHL 4, it has shown us that the judges Now, if the whole land is given on a 999-year lease, the tenant has the right to register his interest and indeed his conveyancer will ensure his title is registered with a separate title number but that this lease is also registered on the freehold title. the creation of a ‘lease’, that ‘lease’ would not be created where there was no In a joint tenancy, the law assumes that the owners all own equal shares and allows for a right of survivorship where, when one owner dies, their share will automatically pass to the other surviving owners. There are It is the entry in the Register that is now the proof of ownership and copies of this can be obtained on demand. Disclaimer: This work has been submitted by a law student. Facchini v Bryson (1952), “where an act of generosity,
property). The courts were concerned about landlords friendship or a family arrangement was part of the material circumstances to And if the purchase is financed through a mortgage, the buyer’s lender is sure to insist that your conveyancing solicitor removes this anomaly before completion of the buying process. This is no doubt because of the origins of the system in feudal England. You can view samples of our professional work here. propriety estate”[1].
When the nature of the agreement is not clear, the courts But the court held that as While it would be expected that people would voluntarily come to register their ownership in land, the truth is far removed from this. A land where the owner assigns or transfers a right in gross (. that the decision ‘muddied the waters over the already confused boundaries of The law is no respecter of persons. For example A(landlord) who does not have a car, therefore grants a licence to