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Essay / Research Paper Abstract
This 8 page paper considers various questions regarding land law in England. The paper looks at what a land certificate and if it is a true mirror of the ownership rights, definitions of freehold and leasehold land, the meaning of a right of way, and the difference between leases and licences. The bibliography cites 8 sources.
Page Count:
8 pages (~225 words per page)
File: TS14_TElandis.rtf
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Unformatted sample text from the term paper:
certificate will contain all the relevant information concerning the title that is being registered. However, the certificate is not deemed to e proof of ownership, the proof of ownership is
the entry on the land register. The certificate is available to the owner of the land. This certificate is prepared and issued under The Land Registration Act 1925 section
63. However when a property has a mortgage on it, meaning that it is being used as security against a loan, then the certificate is retained by the Registry under
The Land Registration Act 1925 section 65 (Gravells, 2000). Question 2 Freehold estates may be traced back to a set of
three different freehold position which were known under common law (Gravells, 2000). Initially these were dependant on the uncertainty of the duration that the ownership would last. Today there is
really only one type of freehold land, this is a fee simple in possession. This was the type of freehold where the estate would remain in tact following the death
of the owner and then could be inherited by heirs, the only time the ownership would be relinquished to the estate would be the death of the owner, intestate with
no heirs (Gravells, 2000). Here there fee part of the definition means that the estate can be inherited and simple means that there is no constraint placed on who
can inherit (Gravells, 2000). However, when there is no-one to inherit, either under a will, or under the inheritance laws covering an intestate estate, the land will revert
back to the crown, this occurs under the doctrine of bona vacantia, as seen in the case of Re Lowes Will Trust [1973][ 1 W.L.R. 882 (Gravells, 2000).
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