In this essay‚ issues on equitable interests‚ fixtures and chattels and finder’s rights will be analysed. Carol will be advised accordingly. Primarily‚ we need to establish whether Carol has any interests as per s1(2) LPA 1925. Carol contributed to the purchase‚ she has an equitable interest in the property as per s1(3) LPA 1925. She also has an interest under a constructive trust or resulting trust as in Gissing v Gissing. Secondly‚ we need to discuss whether Carol will have priority over the
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easement‚ right‚ privilege‚ or benefit in‚ over‚ or derived from the land Law of Property Act 1925 s.62 A conveyance of land shall be deemed to include and shall by virtue of this Act operate to convey‚ with the land‚ all buildings‚ erections‚ fixtures‚ commons‚ hedges‚ ditches‚ fences‚ ways‚ waters‚ water-courses‚ liberties privileges‚ easements‚ rights‚ and advantages whatsoever‚ appertaining or reputed to appertain to the land‚ or any part thereof‚ or‚ at the time of conveyance‚ demised‚ occupied
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QUESTION 1 The land laws of Malaysia are contained in the main pieces of legislation. What are they? The National Land Code 1965 was made effective from 1st of January 1966. It was enacted to ensure uniformity of land laws and land policies with respect to land tenure‚ registration of titles relating to land‚ transfer of land‚ leases‚ charges in respect of land‚ easements and other rights and interests inland. Some of the contents of National Land Code 1965 are as follows: indefeasible title
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1. Distinguishing between fixtures and chattels is important when deciding who the legal owner of property is. A fixture is an object which is attached irreversibly to the land‚ the removal of a fixture would result in the damage of the object. However the description of a describes how a chattel is not fixed it is an independent object resting on the land‚ and can be removed without causing damage. The distinction between whether an object is a fixture or a chattel is decided based upon to tests
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Analyze Luxford & Anor v Sidhu & 3 others [2007] NSWSC 1356 (3 December 2007) as follows: RELEVANT FACTS • Plaintiffs are Mr and Mrs Luxford (the vendors). • First defendant is Mrs Sidhu (the purchaser). • Second defendant is PA & NA Johnson Pty Ltd. • Third defendant is Johnson Prestige Realty Pty Ltd. • Fourth defendant is David Michael Johnson. • Cross defendants are Peter Michael McBride and Anna Maria Bernadette Marano. • Contracts were exchanged
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flooring losing its chattel nature and becoming a fixture flooring becoming part of the realty and thus part of the bank’s security. Whether Astol Flooring Limited can enter the Bridgman House and remove the flooring‚ in particular whether the rights provided by section 7 of the contract between Astol Flooring and Bridgman Limited will prevail over the rights of Equity Finance Limited as registered mortgagee of Bridgman House. The effect of expiry of s 92 Property Law Act. A fixture is anything that
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The curtains and the curtain rods in the 5 upstairs bedrooms were removed causing damage to the bedroom walls. Schedule A‚ section 4 of the Agreement states that the chattels to be included were “existing fridge‚ stove‚ washer‚ dryer‚ dishwasher‚ light fixtures‚ window coverings‚ central air unit‚ garden shed”. Nayan has obtained a quote to replace the curtains and curtain rods in the bedrooms. Attached as Exhibit “C” is a copy of the photographs of the missing
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Law Personal Property & Bailments Chapter 49 2/4/12 3:25 Personal Property and Bailments Personal Property versus Real Property: • Real Property Realty‚ real estate—land and everything permanently attached to it • Personl property chattels‚ is capable of being moved • Distinction important both properties are subject to different taxes- tax rate is based on market value of real prop and businesses usually pay taxes on personal prop they own use or lease.. Also the way they are transferred
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Physical Dimensions. RIGHTS ABOVE SURFACE →The owner’s rights in airspace should be restricted to “any such height as is necessary for the ordinary use and enjoyment of his land and the structures upon it”. If within this meaning their may be an action in trespass. – Berstein v Skyviews and General Ltd. S 2(1) of the Damage by Aircraft Act 1952 precludes action in trespass for overflying aircraft.→ An intrusion by a land based structure located on the defendant’s land constituted a trespass to the
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Property Law‚ The Inside Look Azrielle D. Washington July 20‚ 2014 LSTD506 “Property law has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the unanimity that property has no special content‚ but is a protean construct; a mere placeholder for theories aimed at questions of distributive justice and efficiency” (Joel Feinberg & Hyman Gross‚ Philosophy of Law (1975). Until recently there has been a relative absence of serious
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