Land Law (Edited)
Land Law (Edited)
Land Law (Edited)
[NAME]
[UNIVERSITY]
1
Table of Contents
Introduction......................................................................................................................................3
Land tenure......................................................................................................................................3
Private..........................................................................................................................................4
Communal....................................................................................................................................4
Joint tenants..................................................................................................................................5
Regulatory methods.....................................................................................................................5
Economic development................................................................................................................6
Common law................................................................................................................................6
Declaration of trust.......................................................................................................................7
The law..........................................................................................................................................13
Case laws.......................................................................................................................................14
Mutual tenancy...........................................................................................................................15
2
Conclusion.....................................................................................................................................17
References......................................................................................................................................19
3
Introduction
The proposed study aims to understand the legislative process of Land law and estates.
The procedure of land law and estates targets the process of the right and the decision of the
court for the holding process of the relevant estate for the individuals. An attorney specialized in
estate law is often consulted while drawing up an estate plan. According to the research study, it
is found that the Legal right can own land are a fundamental component of today's political,
financial, and social structure1. It involves many factors, some of which are usually disregarded
but which must be taken into consideration because of their complexity such as social,
technological, economic, institutional, legal, and political factors. Land law connections may be
well-defined and binding in a formal court of law or through customary systems in a community.
They may also include unclear areas that can be utilized and are thus poorly defined. In the given
study, the case study of the two people named Mr potter and Miss Weasley has been described.
In this situation, the mortgage law and the property consultation can be understood along with
Land tenure
Land tenure is an important part of social, political, and economic structures. It is multi-
dimensional, bringing into play social, technical, economic, institutional, legal, and political
aspects that are often ignored but must be taken into account. Land tenure relationships may be
1
Widiyono, T. and Khan, M.Z.K., 2022. The Legal Philosophy And Justice Values In The
4
community (Blumm et al.,2018). Alternatively, they may be relatively poorly defined with
In this study, the phenomenon of land law can be understood with the help of different
concepts and principles for the people who have decided to buy and sell their land to other
people.
Private
Rights are regarded as private when they are transferred to an unrelated third party, which
business or a non-profit. To provide just a few examples, residential lots, land, and even
individual trees may all be in the exclusive ownership of specific families in a given
community2Without the permission of individuals holding the rights, other members of the
Communal
The members of a community may have a right of commons if they are all allowed to
make use of the common property. In some communities, for example, everyone has the lawful
2
Simón-Moreno, H., 2019. The regulation of reverse mortgages as a source of
income I retirement: policy options and legal drivers. Journal of Housing and the
5
Joint tenants
Equal ownership interests are held by two or more people in a joint tenancy. All tenants
in joint own an equal share of the property. If a property is owned jointly by two or more people
and one of them passes away, the surviving owners automatically become full owners of the
property. Experts recommend getting a property agreement drawn up that specifies how much
each partner contributed to the purchase, as well as how much was spent on the down payment,
renovations, and other costs3.Depending on the couple's wishes, the contract should also include
buyout clauses and/or language dictating how property is divided in the event of a breakup.
Regulatory methods
Land law is the body of regulations that regulates land itself, as well as anything
permanently attached to it, such as trees or structures, or anything found inside it, such as wealth
and oil. Workers in this legal field are charged with prosecuting and defending a set of
documents rights of way and boundary issues relating to real property. Landowners, private
citizens, and even the government may all be parties to such proceedings. Since its beginnings,
land law has experienced enormous development4. This field of law could offer a very interesting
and rewarding career path. Considering the enormous value that people have on the property, the
compensation is not as large as you would imagine in corporate or commercial law, but it may
still be profitable. Land Law analyses the private law regulations that govern land ownership and
usage. Principles of property ownership and rights are set forth, including those relating to the
3
Rudy, R., 2022. Land Law and Disputes in Asia: Securing adat land rights in Indonesia
4
Ramadhani, R., 2021. Legal Protection For Land Rights Holders Who Are
6
registration of land title and property rights, the administration of land by trusts, the use of land
Economic development
Throughout the plan's time frame, a supply of land that is appropriate, accessible, and
realistic for housing and economic development purposes may be determined by an analysis of
land availability. The evaluation is a vital piece of information for making educated decisions
and planning for the next five years, as well as for identifying sufficient housing-related
land5Brownfield records may be used as a source of information and for development. Land laws
cover the distribution and use of land. Real estate issue governs all aspects of one's life. The
ownership of property, its permissible uses, and the rights of others to use the land are all matters
governed by land law. Commitments, agreements, and minor and dominant interests are all
examples of less evident third-party interests in property that might exist alongside a clearer
ownership interest. These conflicting claims to a piece of land might exist alongside each other
Common law
By the act of the common law, if the borrower refused to pay the obligation in full at the
appointed time, the borrower suffered a massive loss of title, however long and faithfully the
payments had already been paid6.On the other hand, Important terms and costs of home-equity
programs, including the annual percentage rate (APR), additional charges, payment periods, and
5
Okawa, K., 2021. Civil Code and Land Law debate in Laos. In Land Law and Disputes in
Asia (pp. 43-56). Routledge
6
Nguyen, T.T. and Gábor, H., 2022. Land acquisition under Land Law 2013: A
7
information about any varying feature, must be disclosed by lenders by the federal Truth in
Lending Act, 15 U.S.C.A. 1601 et seq. With regards to a principal home, the Truth in Lending
Law specifies that the borrower has three business days from the day the account was created to
request the closing of the credit line. The borrower has the option of terminating during the
three-day grace period by providing written notice to the lender 7 The lender will then be required
to release its mortgage on the property and refund any associated fees.
Declaration of trust
If the owners of a piece of real estate want to formally record their agreement about the
distribution of the earnings from the sale of the property, whether the contributions were made in
one flat amount either in intervals (expressed as a percentage or fraction), a Declaration of Trust
This is helpful if a dispute has arisen between divorced or separated proprietors. An actual case
of a divorced parent who used a Declaration of trust to split their assets is presented in this
Guardian story8. Although one party may have raised objections and challenged the terms of the
Declaration of Trust, once the document was executed, all parties were bound by its contents. A
Trustee's estate will take into account the Trustee's Declaration of Trust. Anyone who is
7
Naoi, M., Tiwari, P., Moriizumi, Y., Yukutake, N., Hutchison, N., Koblyakova,
A. and Rao, J., 2018. Household mortgage demand: a study of the UK, Australia
8
Miller, D.C., 2022. 18. The Human Right of Property in Land Law: Comparing
South Africa and Scotland. In Private Law and Human Rights (pp. 465-481).
8
specified in the offender's will to receive their portion of the estate will get it. If the deed does
not have a Will, intestacy laws will apply. The surviving owners are not necessarily eligible to
To allow this to happen, the dead co-owner must have named the co-owner in their Trust
as the beneficiary of their part of the property.Couples who have acquired property as Tenants in
Common but who have not yet gotten married should have a Plan drawn up. According to the
laws of intestacy, the deceased's partner would not be able to receive any part of the deceased's
estate9 Because of this, the deceased's partner and the beneficiaries of the deceased's estate may
end up in conflict over the property. The term "declaration of trust" has a unique meaning in
British law. In such cases, it officially acknowledges the existence of joint ownership of property
that is held in trust by several people other than the record owner. By the Act of Trustee Act of
2000 applies to this scenario, A person who is not recognized as the legal owner of real estate
might be treated as the owner with the use of a declaration of trust 10. To prove that the owner on
record is not the only owner of the property, the trust might be mentioned in the land register.
About land in England and Wales, a legal mortgage of freehold land is achieved using a downfall
subject to a provision for cesser on redemption; regarding leaseholds, the mortgage is effected by
a sub-demise.
9
Malaspina, E.F., 2022. Universalising colonial law principles on land law and
land registration: the role of the Institut Colonial International (1894). History of
10
Kenna, P., 2018. Mortgage law developments in the European Union. JL Prop. &
Soc'y, 4, p.45.
9
By the Act of property 1925, A charge by title indicated to be made using a legal
mortgage is another option, as set out in Section. Since the Law of Property (Miscellaneous
Provisions) Act 1989, the construction of an equitable mortgage must be in writing and may, it
would appear, no longer be performed just by deposit of title documents 11.To secure protection
against bona fide buyers, equitable mortgagees should ensure that their mortgages are secured by
registration as a land cost (in which the title is not subject to the Land Registration Acts). Any
attempt to defeat a trust will be regarded as an attempt to deny any person with the power to
dictate the trust of the property subject to the trust. on the other hand, such a person will be
entitled to enforce the trust as if the trust had never been established.
The case study is providing a brief description of buying land between two individuals.
Mr. Harry potter and Miss Ginny Weasley purchased a freehold property with the cost of
£625,000.00. the first and foremost issue found in the given case study is the agreement signed
by both parties without any witnesses. Based on the declaration form and land law process, the
owner must sign the contract under legal action and legislative orders.
Based on the declaration of trust, the declaration was not finalized on the legal rules and
regulations. The other issue is that Miss Weasley cheated on Mr potter and took out the amount
after leaving her relationship with him. Mr. Potter has decided to sell the house and inform Miss
Weasley about the given scenario. In this process, the mortgage amount taken by Weasley is one
of the major issues that have been highlighted in the given case study. The mortgage payment
11
Kenna, P., 2018. Mortgage law developments in the European Union. JL Prop. &
Soc'y, 4, p.45.
10
has been recorded as a default as Miss Weasley did not pay any amount to the bank. In this way,
the bank has decided to take out the property of Porter as Weasley did not pay the amount of the
mortgage for the past few months. Most married people use their combined incomes and
resources to buy and maintain a home. It is a huge step in a relationship, but few people think
According to the research study, it is found that one and the other person are jointly and
severally accountable for the mortgage payments if it is in both of their names. Both of them may
become subject to legal action from the mortgage lender in the event of a default. If your
financial position changes, they should talk to the lender about it before they fail on the
mortgage. They may be able to work something out, like a payment holiday and reduced
payments. This would be determined on an individual basis and is subject to the specifics of the
mortgage. As Mr. porter was not aware of the mortgage decision taken by Miss Weasley;
therefore, the mortgage issue is also faced by Mr. porter and he is subjected to default.
On the other hand, it is found that the legal deed of the property was not provided to Mr.
Dumbledore who agreed to purchase Mr. potter’s share of the property. As Miss Weasley has
lost the property deeds and documentation; therefore, the case becomes more critical and
challenging for Mr. potter. In this case, Potter is facing court objections for the default payments
and also not being able to sell his property in the market.
Legal and theoretical control over resources is defined by property rights. These
resources may be either physical or intangible, and their owners can vary from private
world in many nations, including the United States, to acquire, own, delegate, rent, and sell the
11
property12.The distribution of property rights in a society impacts the efficiency with which
resources are used, and property rights are the basis of all market transactions in the economy.
By the act of the property law 1958, In a system that relies on private property rights, ownership
changes hands between individuals only through voluntary agreements or homesteading 13.Mutual
transfers include rentals, sales, voluntary sharing, inheritances, gambling, and charity.
resource by mingling his work with the resource over some time. The land can be transferred by
an individual based on the legal terms and conditions. As per the given case study, Mr potter is
the actual owner of the given property as he has aid for the property, he could be supported by
Many individuals consider property rights as the freedom to buy, sell, and otherwise deal
with tangible assets like homes, cars, and other possessions. The right to exclusive possession is
fundamental to many aspects of property law, but this is only one of them 14.Having a property
12
Kenna, P. and Simón‐Moreno, H., 2019. Towards a common standard of
13
Huggins, C. and Mastaki, C.P., 2020. The political economy of land law and
14
Fischman, R.L., Leshy, J. and Krakoff, S.A., 2022. Coggins & Wilkinson's
12
right is the same as having a claim to the use or benefit of something that can be enforced by
society or the state; the concept of a property right distinguishes between the temporary use or
possession of something and a claim to the thing that can be enforced by society or the state. A
fishing license is an example of a claim based on a license or lease to common property that
grants the holder exclusive rights to secure a section of the property. As a result, there is a
difference between the right to exclusive use of private property and the right to share and view
the common property. When individuals do not treat one another fairly in how they utilize
According to the theoretical concepts and frameworks of property and law tenure, it is
found that the person who invests his money in buying any kind of land is responsible and the
owner of that land15. In case of any kind of discrimination and uncertain situation, legal action
should be in favor of him. The value of the real property may be influenced by various aspects,
such as location and kind of use; nevertheless, when appraisers make/render an opinion on
market value, they must also take into account how typical buyers and sellers are reacting in the
market. Appraisers try to mimic the actions of well-informed buyers and sellers in a competitive
market. Therefore, real estate agents and buyers should examine some of the fundamental ideas
of property investment economics that determine how typically knowledgeable buyers and
sellers behave in an open market and then discuss certain concepts and principles applicable to
15
Blumm, M.C. and Jamin, O., 2018. The Trump Public Lands Revolution:
Redefining The Public in Public Land Law. Envtl. L., 48, p.311.
13
Summary of the facts of the case
In this case study, Miss Weasley has cheated Porter and claimed him as a defaulter of the
property; however, Mr. porter is the actual owner of the given property. The Mortgage case can
be solved if and the only court found the transaction details of Miss Weasley along with the date
of the transaction and amount details. In the given situation, it could be identified that Porter has
not provided the authority to Weasley to take out the remaining amount. There is a different
scenario that has been targeted in the given case study, it includes the process of incomplete
On the other hand, there were no witnesses and legal lawyers at the moment when Porter
and Weasley has taken the declaration letter from the property seller. This is one of the major
issues of the case study, Mr potter is the actual owner of the property because Weasley has taken
her contributed amount from the mortgage and does not inform Mr porter about the given
scenario. The court should give a decision in favor of Mr. Potter and make a penalty for Miss
Weasley. Potter has invested a large amount of money; therefore, Miss Weasley is not allowed to
take the amount from the Potters' property. Weasley has taken the Mortgage without information
Potter; therefore, the potter is subjected to the defaulter. Porter is not aware of this situation and
The law
All contracts between parties regarding the sale and other transfer of an interest in land
must be in writing which should include all conditions upon which parties have expressly agreed.
People who are in a relationship and buying the same property should understand the legal
14
concepts and frameworks of land law16. In this case study, Miss Weasley has lost the legal deeds
and documentation of the property. This statement has been delivered by Mr. Porter; however, it
could not be the real reason. The bank has claimed that the Potter property could be taken from
him because he has not paid the amount of the mortgage in the past few months.
By the Act of land registration 2002, If the property or land is documented, a quick look
at the Land Registry will reveal who the legal owner is even if the Title Deeds have been lost or
destroyed17. Documents about a property may be obtained electronically from Land Registry and
downloaded from their website for a nominal fee. When property or land is not registered, it can
be harder to replace missing Ownership Rights. The first thing that should do if an individual
can't find the deeds is to call the lawyer, mortgage firm, or bank that was involved in the
situation. Mortgage companies often provided deed storage services in the past, as doing so
ensured they would have the documents on hand in case of a foreclosure or repossession.
Case laws
By the Act of 1934, All available primary sources confirm that the years 1783–1787 were
a time of severe financial distress in the United States due to the rapid depreciation of the Federal
and State governments' paper money supply, careless speculation, a high volatility trading
16
Blumm, M.C. and Jamin, O., 2018. The Trump Public Lands Revolution:
Redefining The Public in Public Land Law. Envtl. L., 48, p.311.
17
Bedner, A. and Arizona, Y., 2019. Adat in Indonesian Land Law: A Promise for
the Future or a Dead End?. The Asia Pacific Journal of Anthropology, 20(5),
pp.416-434.
15
environment, and the flood of imported products that followed the entrance of the country's
ports18.
On the other hand, Accordingly, the plaintiffs have dropped all of their claims in the
complaint that were dependent on any other alleged constitutionally protected right 19. Since the
claims at issue originate out of the contractual arrangements between the parties, the choice of
law provisions of the Subscription Agreements and the Share Sale Agreements, which choose
English law to govern the agreements, also apply to the noncontract claims.
By the Act of 1991, For the purposes of reviewing a request to dismiss hereunder, a court
is usually limited to the facts asserted in the complaint. papers attached to the complaint,
statements and documents included into the complaint by reference, items of which judicial
notice may be taken, public records, and documents the plaintiff had or knew about and
Mutual tenancy.
A tenant may cancel their tenancy in this manner by providing written notice to the owner
and any other tenants of their rights to do so (Law of Property Act 1925, s.36(2)). To summarise
the benefits and drawbacks of separation by written notice, consider the following:
By the act of 1983, proposed by the legislative counselor's Harris and Goddard, it is
found that None of the other tenants in the building need to provide approval for any
changes21.
18
Home Building & Loan Assn. v. Blaisdell, 290 U.S. 398, 54 S. Ct. 231, 78 L. Ed. 413
(1934).
19
Wade Park Land Holdings, LLC v. Kalikow, 522 F. Supp. 3d 1341 (N.D. Ga. 2021).
20
Williams v. LONG BEACH MORTGAGE COMPANY, No. 19-cv-970 (NSR) (S.D.N.Y. Aug. 14, 2020).
21
Amirnuddin, P.S., 2022. Redesigning Formative Assessments for land law using AR.
In Alternative Assessments in Malaysian Higher Education (pp. 269-277). Springer, Singapore
16
It is also permissible to do so by applying to the court for a declaration of the rights of
each tenant (Re Draper's Conveyance [1969] 1 Ch 486, ChD), and the notice need not be
written.
Miss Weasley should be subjected to the penalty as she cheats on her partner and took out
It is important to keep in mind that a separation of joint tenancy may also happen if the
tenants agree, in advance, that each tenant will create a will in favor of the other. Since
there are no "shares" in a joint tenancy, a tenant who acts on their "share" must
They are simply assuming that the tenancy has effectively been terminated. In other
words, the severance is a natural outcome of the assumption that there has been a
trust by sections 53(1)(c) and 53(2) of the Law of Property Act of 1925.
In the event of a breakup in a cohabiting relationship (one in which the partner does not
have formal marital status), whoever buys the house at the time of the breakup will be the only
proprietor of the residence. Both of them, or just one of themselves, could do this. By the Act of
Civil partnership and agreement process regarding the land law and property 2010, When a
couple lives together, they may protect their financial interests by writing a "civil partnership
agreement," which specifies what will happen to assets such as property if the relationship breaks
down22In this way, the property may be divided on the basis of the amount they have shared
mutually.
22
Amirnuddin, P.S., 2022. Redesigning Formative Assessments for land law using AR.
In Alternative Assessments in Malaysian Higher Education (pp. 269-277). Springer, Singapore
17
Mortgage decisions
The mortgagee obtains a legal estate upon the execution of a valid mortgage (lender).
Only a lease granted for a specified number of years that expires upon repayment of the loan
before or at the end of that time, and a document expressly expressing to be a charge using a
legal mortgage, are considered valid legal mortgages under the 1925 Act 23.In principle, a
mortgagee has the legal right to take back mortgaged property at any time, even in the absence of
a failure.
On the other hand, unless default occurs, this right is often not included in building-
society loans and may be impliedly omitted from any installment mortgage. When residential
property is at stake, the court may put off recovering possession if there's a good chance the
default can be fixed in a reasonable amount of time. The mortgagee has the legal right to sell the
property if the borrower defaults on the loan, but in most cases, possession must be taken first. In
the event of a surplus after payment of the loan and the mortgagee's costs, the money will be
repaid to the mortgagor (Agarwal et al.,2021). In the event of a default, the mortgagee has the
legal authority to appoint a receiver to take control of the mortgaged property, which is
especially helpful in the case of commercial real estate. Foreclosure is the legal process through
which a mortgage is terminated and the property is transferred to the mortgagee by order of the
court. However, the court will likely decide that a sale is more suitable while property values are
rising.
23
Agarwal, B., Nagpal, B. and Bhandari, V., 2021. Comparative Study of Impact of
Global Financial Crisis on Stock Markets of USA, India & UK. Ilkogretim
Online, 20(5).
18
Conclusion
It is concluded that Mr. Weasley has cheated on Mr potter and took a mortgage without
informing Mr potter. Porter reserves the right to prove his claim to the bank and court and
explain the complete situation to the higher authorities. On the other hand, the declaration form
of the property does not contain any witnesses who could claim that the potter is the actual
owner of the property and Miss Weasley has taken her contributed amount from the Mortgage
money. In this case, it is understood that the property seller should follow the legal act and
conditions of proper buying and selling. They should involve lawyers, banking sectors, and eye-
witnesses while providing the actual contract of the land to the buyers. The bank should make
Miss Weasley a defaulter and the court should send penalty punishment to her. In this way,
Porter may get justice and protect his property as per the legal instructions.
19
References
Agarwal, B., Nagpal, B. and Bhandari, V., 2021. Comparative Study of Impact of Global
Financial Crisis on Stock Markets of USA, India & UK. Ilkogretim Online, 20(5).
Amirnuddin, P.S., 2022. Redesigning Formative Assessments for land law using AR.
Springer, Singapore.
Bedner, A. and Arizona, Y., 2019. Adat in Indonesian Land Law: A Promise for the Future or a
Blumm, M.C. and Jamin, O., 2018. The Trump Public Lands Revolution: Redefining The Public
Fischman, R.L., Leshy, J. and Krakoff, S.A., 2022. Coggins & Wilkinson's Federal Public Land
Huggins, C. and Mastaki, C.P., 2020. The political economy of land law and policy reform in the
Kenna, P. and Simón‐Moreno, H., 2019. Towards a common standard of protection of the right
Kenna, P., 2018. Mortgage law developments in the European Union. JL Prop. & Soc'y, 4, p.45.
20
Malaspina, E.F., 2022. Universalising colonial law principles on land law and land registration:
the role of the Institut Colonial International (1894). History of European Ideas,
pp.1-16.
Miller, D.C., 2022. 18. The Human Right of Property in Land Law: Comparing South Africa and
Scotland. In Private Law and Human Rights (pp. 465-481). Edinburgh University
Press.
Naoi, M., Tiwari, P., Moriizumi, Y., Yukutake, N., Hutchison, N., Koblyakova, A. and Rao, J.,
Nguyen, T.T. and Gábor, H., 2022. Land acquisition under Land Law 2013: A case study of
Vinh City, Nghe an province. Advances in Southeast Asian Studies, 15(1), pp.103-
123.
Okawa, K., 2021. Civil Code and Land Law debate in Laos. In Land Law and Disputes in
Ramadhani, R., 2021. Legal Protection For Land Rights Holders Who Are Victims Of The Land
Rudy, R., 2022. Land Law and Disputes in Asia: Securing adat land rights in Indonesia.
retirement: policy options and legal drivers. Journal of Housing and the Built
Widiyono, T. and Khan, M.Z.K., 2022. The Legal Philosophy And Justice Values In The
21
22
Acts
Home Building & Loan Assn. v. Blaisdell, 290 U.S. 398, 54 S. Ct. 231, 78 L. Ed. 413 (1934).
Williams v. LONG BEACH MORTGAGE COMPANY, No. 19-cv-970 (NSR) (S.D.N.Y. Aug. 14,
2020).
Wade Park Land Holdings, LLC v. Kalikow, 522 F. Supp. 3d 1341 (N.D. Ga. 2021).
23