Land Issues Coursework Example

Land Issues
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Introduction
The adverse land possession doctrine in the law commission reports 271 gives the mandate, over an issue of land title for land that belongs to someone else but only under certain conditions. These conditions include; continuation of land possession or using the ground for a specified period when the owner is absent. Understanding that land is among the most considerable crucial resources and should be safeguarded by all means is one of the points which ground the doctrine. Nevertheless, the principle recognizes that a balance between a landowner and the squatters is essential in preventing deficiencies as well as maximizing the advantages. The law com 271 terms and commentary on land registration composed the land registration Act 2002. On the other hand, the Limitation Act outlined adverse land possession claims about the registered and unregistered land.
There was the need to put into place several acts in an area to support a claim which was based upon case law. Specific factors are considered in the acquisition of a title and the establishment of an application, whereby the claimer should demonstrate adequate intention to own the land through acts of use and maintenance,(Cooke, E. (2012). The claimer should also illustrate actual land possession without the consent of the owner and maintain these factors for a period 12 years and above. The applicant does not have to have adverse ownership of the land if it is indicated that they are the successor in the title.

If the applicant is dislodged being in possession for ten years, it is still possible for them to apply, provided the court did not order the dispossession. However, the request must be made before the end of six months following the eviction in such a circumstance
Land Registration Act 1925
Both enrolled lands and unregistered are treated in a similar way as lands which are not yet enrolled, except a situation of property nondisclosure whereby, the designated person’s territory would be extinguished. In such a case, such land would not be destroyed but would be assumed to be possessed by the landowner for that duration they are assured of the person’s acquisition of title inimical to the proprietor. The Act allows for the application of proprietorship registration to anyone who claims to have held a title to a registered property. Upon satisfaction by the applicant’s title, the proprietor title is recorded as either absolute, good leasehold or possessory about the case requirements. Limitation acts and such registration have similar impacts with the record of the first proprietor, even though the landowner, the claimer or any other exciting subject is allowed to send an application for determination in the court. According to the registrar’s opinion, any person or purchaser deriving a title under the person registering a claim or being protected on the register might be affected by any of the entries in this section. In such a case, therefore, the person may be compensated by being awarded insurance of that property by the registrar since he has suffered loss from the correction of the register. Specific rules may be laid out to govern the sections where right, easement or privilege has been obtained through the prescription.
In a case where the land is registered using possessory title before the beginning of this act, and the registrar becomes satisfied with the title, he may decide to record it as good leasehold or absolute. Registration is done regardless of the proprietors’ consents on such contents or not unless the registration was made based on the proprietor’s request without applying any registration fees. Where the registrar is fully satisfied by the title, he may enter the title of a transferee or grantee as leasehold or absolute since the case may require the consent of the grantee or the transferee, though no additional fee shall be charged in such a case,(Cooke, E. (2012). If the land is registered with a competent leasehold title for a minimum of ten years, the registrar may require additional insurance fees and for any inquiries or advertisements prescribed and orders the possession of the land as absolute. Addition fees are needed if there is substantial evidence of ownership by the proprietor or the successive proprietor for the period stated. In case of any claims adverse to the title of the proprietor have been made, no entry is formed on the register under this section unless the petition is dismissed. Any other person who suffers loss except the proprietor due to an entry on the record made by this act is entitled to be reimbursed under this act as if there has been a mistake made.
Law of Property Act
There were various challenges experienced in land sales before 1925 whereby the process was cumbersome and so lengthy, which demanded extensive seller’s rights and land sale title research. These obstacles, therefore, would not guarantee acquisition of encumbered land title. With a keen consideration of these factors, there was an introduction of draft legislation which entailed the law of property Act 1925, commonly referred to as, (the LPA 1925). The targeted objective of this act was to make the transfer of land safe and cheap. The LPA comprises of several subdivisions where part one outlines the general principles that govern interests, authorities, and estates. The LPA 1925 has played a significant role in the streamlining interests in land by reducing the legal estates available to two and making the term of years as well as the simple fee absolute. Moreover, there is the limitation in the number of legitimate interests could be established while all other benefits are classified as equitable.
The provisions of LPA were made about the land law systems which were put into action during that time with the inclusion of the 1925 land registration act and the 1925 land charges act. The provision was made with an aim to facilitate registration of interests and in cases where it was necessary to have certification, the equitable interest owner had to register it and would be protected because his record is considered of having actual interest notices,(Cooke, E. (2012). The transference of the purchaser of a legal state in the land could acquire any equitable interest, thus affecting that estate regardless of the purchaser having notice if such conditions were accomplished. In a case like that, equal benefits are attached to the sales proceeds to allow the purchaser obtain free property of such interests.
Other than fundamental changes in ways of real property interests handling, other land conveyance changes came about as a result of the LPA 1925.For instance, LPA section 62 explains that in a case where there exist natural rights about two properties which are separately owned, all existing benefits are automatically passed on to the successive purchaser. The successive purchaser is also lucky to acquire the rights and privileges that exist for the estate benefit without directly mentioning them in the conveyance.
Land Charges Act 1972
Despite having most of the property registered by the HM land registry, there are quite some lands which are not yet registered because there have been no land dispositions or conveyance that have taken place over the years which would demand registration. Upon land and property conveyance, the purchaser becomes subject to the registered charges that might affect the land, unless they are terminated before the transaction time. Land charges are considered as interests in property as outlined in the Land Charges Act 1972 (LCA) which are safeguarded through enrolment on the lands register which is reserved by the land charges department concerning the LCA 1972. If the land interest is unregistered on the Land charges interest, it will be invalid against certain purchaser classes, and it is, therefore, essential to find out whether you are dealing with any unregistered land to determine to what extent it is affected.
According to this act, the legal rights of a person’s property such as legal easements, legal mortgages, legal households will bind automatically to any land purchaser coming to take over the land ownership or its occupation, whether they are purchasing, taking it as a gift or as a done. The creation of legal rights in such a case means, generally inspecting the land itself as well as the legal documents indicating its existence,(Cooke, E. (2012). There is a second category of interests which entails those equal rights that call for land enrolment as land charges under the LCA1972. In efforts to bind a purchaser of the property, a land charge expects to have been registered appropriately to avoid rendering the interest void to the purchaser. The land registration charges have no business with the registered land because it refers to an independent, name-based register which entirely operates in the unregistered lands transference section.
Land Registration Report for the 21st century
The land registration report stated that it is impossible to enter any interest under any particular form of trust. The story is one of the exceptions which are essential among the six because it explains the intended nature of the notice,(Cooke, E. (2012). The purpose of an opinion is to safeguard an interest in registered land when it is meant to bind any person who succeeds the ground but is not the most suitable means to protect beneficial interests under trusts. It is the wish of the purchaser to take free of such investments, which need to be considered and bind the sale proceeds. There is a high probability of overreaching the beneficial interests on payment of any purchase money by the trustees and the buyers, which should be at least two or a trust corporation. Such an entry is mainly done using a restriction.
The Limitation Act 1980
The limitation act provides timescales within which actions upon breaches of the law must be taken in England and Wales. In most instances, if the period specified in the statute given expires, remedies available for the breach are extinguished, and the court cannot take any action concerning the violations. There are specified time limits set by the act which could be altered or terminated in some cases depending on the nature of the action at hand.Most of the restrictions are configured to apply from the date when the action took place. If the Person who is the claimant did not have a sound mind or is not at least 18 at the time when the work took place, no time will run until his condition of the brain is stable or he is at least 18,(Cooke, E. (2012). In cases where there has been evidence of imposture or secretion or the action was taken as a result of another previously occurred error, no time runs until the deception, secretion, or mistake is discovered or could be ascertained with attentiveness and reasoning. In 2016 the court set up important dept project with the aim of tackling long-delayed fines by criminals or any monetary orders made by previous debtors who could not be easily traced, with the assistance of the new tracing and intelligence tools. Outstanding debts which have been unpaid for periods more extended than ten years are not considered to be a concern to the Limitations Act 1980.
Human Rights Act 1998
According to the human rights act 1998, the law dictates that the authority of adverse possession is incompatible with convention. The government feared that ownership of the land would lead to a breach of human rights in the efforts of compatibility with the agreement. Registration Act 2002 established a new method of dealing with adverse possession of the land that has been registered and provides that a settler will have to apply to be a registered proprietor with a title of ownership after ten years of adverse possession. In an instance where the application is not opposed within the two years period, the squatter becomes the newly registered proprietor of that particular land. While case law appears to imply that the Human Rights Act does not apply in cases where possessions ended before October 2000, which was a decision made by the court in Europe in a Pye. In this decision, a conclusion was made that the Pye’s human rights act was breached by the action of losing his title to land is of importance consequence since the government can compensate for the loss of that land.
Pye was a claim against the government for damages that arose from the fact that he had lost the land to Graham with no compensation. In Webber’s opinion, most of the justifications for the case were based on the combination of limitation law in the Limitation Act 1980 and the compulsory conveyance of land registration Act 1925,(Cooke, E. (2012). It was clear that the concerned provisions did much more than just halt the applicants from invoking the help of the court to recover ownership of the property concerned. The Combination of impacts of the provisions was aimed at disadvantaging the applicants from losing their property rights and hinders them from lawful possession of their land, the beneficial title which they had lost. It can, therefore, be concluded that even where there is the drop of property under adverse possession then there is need to seek compensation for the lack of protection from the government and therefore, the human rights act 1998 seems to have a remarkable impression on the land law.
Case Laws
The National Bank Ltd v Ainsworth is a case about the quality of a person’s interest in a home where people live together as well as land licenses. The House of Lords proposed that someone living in an apartment alone had no interest in equity. Lord Wilberforce provided a definition of property rights, but unfortunately, the decision was compromised and not counted as stable law because there was a further development of a concept of the constructive trust. Mr. and Mrs. Ainsworth resided in Milward road, Sussex with their four children, with Mr. Ainsworth being the registered owner of the house. In 1957 she moved out and took a bank loan, and the bank was given allegation over the family home, but Mrs. Ainsworth strongly declined to leave, with claims of having interest in the bank bound house.
The court in this case, therefore, decided that Mrs. Ainsworth possessed a right to own the house that bound the bank. Lord Denning proposed that the equity of the deserted capital could as well attach a third party like a bank. However, The House Of Lords reversed the discussion the court of appeal’s decision, after finding out that Mrs. Ainsworth’s right could not be regarded as a property right and was incapable of binding the bank,(Cooke, E. (2012). Lord Wilberforce realized that a deserted wife’s equity had occurred partly as a result of a post-war housing shortage and had been earlier described as equity, clog, license or status of no dismissal.
In the Wallace and Ferrishurst case, despite having the freehold title of the building registered, Ferrishurst did not consider protecting its option by entering against the title of the under lessor. In this case, it is entirely accurate that the purpose of the land registration was to replace the doctrine of notice with a less variable system of settling disputes among parties who have cases over the issue over competing for land interests. Another example is the case between Thompson and Foy where Foy was permitted by Thompson who was her mother to make an extension construction to his home where the expansion, and the land, would both belong to Foy. Later, Foy later made up her mind to move out to Spain accompanied by her mother, and so she decided to rent the property to obtain some capital to purchase a new home in Spain. Thompson chose to live in England where she bought a new residence.
Foy obtained the mortgage made false claims that the agreed amount could not be paid because if the tax inheritance returns and so she offered to pay Thompson the money and clear the balance over some years later. The Property was therefore not let, and the bank took its possession due to the arrears that occurred. Thompson, in this case, claimed that the gift indentures and arrangements for the family, needed to be put aside and that Foy should no longer be recorded as having the proprietor title due to her forced influence on her mother. Thompson also felt that she had an overriding interest which was supposed to be the priority in the bank charge. The court ruled that Foy possessed a beneficial interest in the extension and would, therefore, own the expansion and that her influence on Thompson could not be assumed unless Thompson proved it, (Cooke, E. (2012). Nevertheless, Thompson was quite aware of the nature and substance of the transaction she was getting into, but she still intended to go ahead and enter into it. Even though the buy-out influence influenced her, it was not out of forced weight by Foy and the events that took place after contract could not be by any chance be used in the establishment of the forced control that Thompson claimed to be under. Moreover, Thompson obtained legal advice from the court, and therefore she had a clear understanding of the consequences of the agreement she was about to get into. The third thing was that even in case the undue influence on Thompson was established, the bank would not suffer any impacts because her equity resulted after Foy misappropriated the funds.
Conclusion
It is evident that the Land Registration Act is slowly achieving a cohesive system of land registration which is commendable because of the numerous benefits that it is. However, the act has kept alive two main elements of land law which are significantly limiting the success of the register in accomplishing the land titles protection aim as well as facilitating land conveyance. At first, the unregistered interests who are still overriding still suspended despite the absence of any other entry on the register, which means the record imperfectly focuses on the reality. There is a possibility that the act may ruthlessly act in other areas.
 
References
Cooke, E. (2012). Land law. Oxford University Press.

 
Bibliography

Cooke, E. (2012). Land law. Oxford University Press
In this book the author defines land law as the connection that exists between land and people. It refers to the relationship between the allocation of resources and struggling for space among people. In this publication Elizabeth highlights that people are dynamic and will tend to keep changing their way of doing things as well as their thinking about land which has the impact on the land law too. Land law, therefore, encompasses the operation involving control of land use and monitoring the property rights over land.