The Property Regardless Of The Percentage Contributed Law Land Property Essay

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02 Nov 2017

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For this case study, Peter will not have full proprietorship rights on the eagle court considering the fact that its leasing was in the absence of Fiona who was a legal investor. There is a probability of Peter getting away with the proprietorship of the eagle court since there lacks legal evidence to approve that Fiona invested in the purchasing of property . The third party acts simple secure the additional investors to a contract but with the absence lawful contribution or material that proves Fiona also contributed to the acquisition. Peter stands a chance of facing trial because the third party act upholds the apprehensions of third party individuals’ deficient of undeviating affiliation to the original contract. An additional advantage to Fiona who is a third party to this contract is the fact that the act empowers her with right to put into effect a contract that she personally did not have straight affiliation .

B)

The conveyance of land In includes and functions in order to convey, with the land, all buildings, erections, fixtures, commons, hedges, ditches, fences, ways, waters, water-courses, liberties, privileges. The word ‘Fixtures’ refers to all material things physically attached to land in order to be intergraded to the property and the realty of the landowner. An object turning into a fixture becomes one with the land and it consequently passes inevitably with all following conveyances of the land unless lawfully detached from it. Conversely, a chattel is a physical object which cannot be attached to the land even if it is closely related to it and hence, it does not pass with the conveyances of the property. In order to differentiate between a chattel and a fixture, it is necessary to consider if the house is or not affixed to the property. In case that the house is not affixed to the property but rests on its own weight then it is normally defined as a chattel unless there is efficient proof that it would be part of the land. In the case that it is affixed to the land then it is normally defined as a chattel unless there is evidence that it would be a chattel for the rest of its existence. Depending on the annexation test, an article is deemed to be a fixture when it is attached to a property or a building in a significant manner, for example by screws or nails. The more firmly or irrevocably the object is affixed to the land or a building, the more likely it is to be classified as a fixture. Nevertheless, a physical connection with the property or something which is a part of the property and object needs to be evident. The dictum of is frequently used in order to establish the rule regarding chattels and fixtures. Lord Blackburn says that in case there is no attachment, it can be assumed that it is a chattel.

Fiona has a right to remove all the items she claims to be hers according to the provisions of third party right to property. She is the lawful owner of a fridge and washing machine, fitted carpets, and an exceptionally heavy grandfather clock resting on its own weight . She also owns three crystal chandeliers that matched the other chandeliers installed during building of the. Peter should understand that James (the previous registered proprietor of) had already acknowledged Fiona as having equitable share in She even contributed $ 40, 000 toward payment of the large valued at $500, 000 at the time James and her first occupied the building . By all standards and owing to the fact that she has an equitable share in Fiona has a right to comment about sale of the property and can proceed further to sue James in case she feels unsatisfied with reasons behind the sale. To support validity of her claim, Fiona might produce receipts to show that she is the genuine owner of the above-mentioned items. The same would apply to Miss Jones who occupies part of the property . Similarly, Mr. Carr claims a tenancy of the building and has a right to demand that Peter sell him the freehold at the agreed price. Right to ownership of property would however be dependent on James take in the event that he presents himself in a court of law. James would be the individual to blame following improper channels before selling the property. It should have been an all-inclusive affair than it is today.

C)

Peter is obliged to sell the outbuilding to Mr. Carr, under from his own consent. The law does not bind him under any strict conditions that he must sell the outbuilding to Mr. Carr. After buying his shares of the property from Mr. Carr who had the right to purchase the freehold of the outbuilding at any time over the next fifteen years at as sum of 42 000 English Pounds. The agreement granting Mr. Carr the privilege of buying the property within the next 14 months if he wishes to make a purchase, is applicable and can be argued upon in case peter declines to sell the property to Mr. Carr . Peter also has the right to the property as the sole owner of the outbuilding since the purchases he made for the property are legal and bound by the united kingdom laws on terms of buying property involving a third party partner. The span of the charter in England may be for many years, but more usually are not more than 1000 years or 99 years in London. Upon lease or purchase of a large capital sum and subsequently an extremely little rent is paid. Long leaseholders lean to consider themselves as owners . In contemporary flat developments, it is general for the tenants (long leaseholders) to possess the executive business that is also the assets owner. The price at which peter decides to sell the property to Mr. Carr cannot exceed 42000 pounds, since Mr. Carr initially sold the property to him at a much lower price.

Part B

In order for the interest to be legal it needs to be, the interest needs to be recorded under. Additionally, a number of specific formalities have to be met in its creation, particularly being granted by deed the cases that these certain formalities are not met, it is likely that the interest will be of impartial status - this applies to cases where an explicitly enforceable valid contract is found by equity so as the interest can be created. All other interests in land can only ever be equitable. In order for equitable status to be achieved, formalities in creation of the interest need to be met. Based on the type of interest there might be different formalities. From the previous situation where the property was registered, the third party rights bounds Peter because the laws are there to protect individuals who suffer fates such as Fiona. In the situation whereby the property was registered, Fiona had a big advantage because of her being a third party in the purchase and she has lawful rights, which allow her to be part of the eagle transaction . The third party rights amendments are beneficial in this case; because the laws are there to assist individuals invest in property. They also give individuals the rights on decision making regarding property acquisition no matter the percentage an individual contributed .

In case the situation was different in that, the title of the property was not registered, things would be different from the previous situation. Dealing with UN registered property may seem to be a tall order in most of the cases. This is because the law does not know the legal owner of the property, hence; in case of troubled ownership, complications may arise. It is with situations like this that individuals tend to quarrel over property ownership. In the case of Fiona against James complications over property ownership, matters could be different when it comes to the third party rights amendments . The fact that the property is not registered, then the third party rights amendments would not come in to assist her acquire the property. Still in this case, Peter will not granted full ownership of the property because Fiona was absent during the whole leasing process. The fact that the property was not registered in the first place is also a big factor to consider. The registration of the property means that the third party act comes in to the picture. However, with the property being UN registered, Peter and Fiona will have differences with acquisition of the property. The law cannot come in to defend either individual or Fiona cannot take any legal action against Peter because of lack of evidence on whose property they are fighting. The third right party rights will not bind Peter in whatever way either. This is because of the unregistered property, which might make it difficult for them to identify the real owner .

In the case of, the son's estate contract was invalid as against the purchaser .On a literal understanding of, the mother was a purchaser within The HL refused to involve into the section either a good faith requirement, or a requirement that the purchaser ought to give important consideration.

So there are complications in ownership of the property or the partnership rights. This will make it difficult for Peter to sell the outbuilding to Mr. Carr, under his own approval. Any legal committee will find difficulties in intervening in the case because of the UN registered property. The law does not guarantee Peter the right to sell the whole property as an owner of the outbuilding. This is because of the registration difficulties of the property, which means that, no individual can claim full ownership of the property. There is bound to be complications particularly with the real owner of the property .



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