Preview

Land Law Registration

Best Essays
Open Document
Open Document
3568 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Land Law Registration
The law of the land comprises a crystallized expression of values cast in sharp relief against the landscape of the law. (Gray and Gray, Elements of Land Law) What key values or aims does English Land Law promote and evaluate the balance struck by them. Provide illustrations of relevant cases and statute in this regard. The English Land Law is one of the oldest branches found in the doctrine of common law. It has its origins in the feudal reforms imposed on England by William the Conqueror during the Norman Conquest after 1066.1 The Conquest brought with it a sharp distinction which still exists, technically between land and chattels. Chattels are things that can be owned; land cannot be owned, except by the monarch. If a private citizen cannot 'own' land, what is it that we really do own when we think of ourselves as 'land-owners'? Technically, we own what lawyers call an estate in land.2 Although 'estate' is a general term with an everyday meaning, in this context it has a specialist interpretation. An estate in land is some package of rights over land, and responsibilities accompanying those rights. These rights, by definition, fall short of absolute ownership, that is, they held their grants of land directly from th­­e king.3 These rights included the right to enjoy an income from the agricultural production of the land, and were accompanied by certain obligations to the king. The estate defined the duration of the rights enjoyed by its owner, and the accompanying responsibilities. Consequently, the tenant-in-chief would create lesser tenancies out of his larger estate, and grant them to people who were prepared to accept obligations towards him.
These sub-tenants could then create their own sub-sub-tenancies, and so on. This process of 'sub-infeudation' is characteristic of the feudal system of land ownership common at that time; each tenant of land took a proportion of the income of the land from his sub-tenants, and rendered his own

You May Also Find These Documents Helpful

  • Good Essays

    * Where a person claims to be entitled to a legal or equitable estate or interest in the land;…

    • 2675 Words
    • 11 Pages
    Good Essays
  • Good Essays

    Blaw

    • 3523 Words
    • 15 Pages

    Question 4. Read the report of Lebdeh v Smith. (See below). Then answer the following questions on the basis that the Sale of Land Act 1962 (Vic) and the report of Lebdeh v Smith are the only relevant legislation and case-law. (a) In which court was this case heard and…

    • 3523 Words
    • 15 Pages
    Good Essays
  • Satisfactory Essays

    badm 300 exam2 review

    • 2254 Words
    • 10 Pages

    2. Adverse possession – you take some lands and use it long enough and becomes yours…

    • 2254 Words
    • 10 Pages
    Satisfactory Essays
  • Satisfactory Essays

    • Grants successors of barons estates so they can pay the fee to own them…

    • 371 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Enclosure Acts: The Revolution of 1688 confirmed the ascendancy of the Parliament in England over the king. Economically, it meant the ascendancy of the more well to do property-owning classes. The British government was substantially in the hands of wealthy landowners, the “squirearchy”. Many landowners, seeking to increase their money incomes, began experimenting new and improved methods of cultivation and stock raising. An improving landlord, to introduce such changes successfully needed full control of his land. However this was not possible because of the old village system of open fields, common lands, and semi collective methods of cultivation. The old common tights of the villagers were part of the English common law. Only an act of Parliament could modify or extinguish them. It was the great landowners who controlled Parliament, which therefore passed hundreds of “enclosure acts”, authorizing the enclosure, by fences, walls, or hedges, of the old common lands and unfenced open fields. Smalls owners were excluded. The wealthy landlords owned most of the land in England.…

    • 1514 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Chapter 9 outline

    • 3964 Words
    • 16 Pages

    businessman to the poorest peasant or city worker, was the Third Estate. Legal rights and personal…

    • 3964 Words
    • 16 Pages
    Good Essays
  • Good Essays

    • carried on by the owner of the land, the owner's agent or by the person in…

    • 1393 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    speech essay

    • 1598 Words
    • 7 Pages

    7. Law of Division of Communal- means that more then one family owned the land so they could not have sold the land because everyone had a share, no foreign country can buy or plant a…

    • 1598 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    The right to exclude others or to have control over the access of strangers from the benefits of a property is hence the key in identifying what is (or is not) property, and in defining the ‘propertiness’ of property.[5]…

    • 835 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Owning land is something British people wanted to do when they first came over to the American colonies. They worked as indentured servants so that they could get a piece of land. They would…

    • 708 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Feudal System

    • 432 Words
    • 2 Pages

    In the feudal system, there is an absence of a strong central authority. There is diffusion of governmental power through the granting of administrative and legal authority over particular lands by higher lords to vassals sworn by voluntary oath to support or serve them, usually by military means. Under feudalism, medieval society formed a pyramid, with the King at the top. The King theoretically owned all the land in the country, parceling it out to the lords, in exchange for (mainly military) support. As well as the land, the lord obtained rights to control its use and enforce the law within its boundaries. When the feudal lord actually gave a piece of land to the vassal it was called a fief. In many cases, ownership of land was the vassal 's as long as the vassal fulfilled his responsibilities. If both parties fulfilled their obligations, then both benefited. The obligation attached to particular holdings of land that the peasant household should supply the lord with specified labour services or a part of its output, or cash in lieu thereof, subject to the custom of the…

    • 432 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Land Law

    • 5091 Words
    • 21 Pages

    land UNIT 9- LEVEL 6 - LAND LAW SUGGESTED ANSWERS - January 2010 Note to Candidates and Tutors:…

    • 5091 Words
    • 21 Pages
    Powerful Essays
  • Good Essays

    LESSON SEVEN – NORMAN ENGLAND AFTER THE CONQUEST The reason why the Norman Conquest was so significant is that it changed the entire way England was run. It introduced a new set of rulers, a new ruling system, a new language and a new culture. FEUDALISM One of the most important changes was to do with the ownership of land. William introduced a system of land ownership that was called feudalism. Firstly, William seized by force the land belonging to important Anglo-Saxons and claimed it all as his own. However, it was hard for him, as one man at a time when transport was slow, to effectively control all of that land. So he gave land to important people who had helped him to conquer England. These people were called lords or barons. However, they didn’t truly ‘own’ the land. They were allowed to pass it down to their sons when they died, and they were allowed to farm it and build on it, but if they offended the king he could take it back off of them. On the left is a picture of Richard Fitzgilbert, one of William’s most important barons. William gave him most of Kent, and Richard built the castle of Tonbridge, which you can still see today. BARONS AND SERFS In return for getting this land, the barons promised to give their king a certain amount of military service. That is, they would go into battle with him in a foreign war, or they would protect a place in England for him for a certain amount of time per year. The barons would then run the land they had been given. They would allow…

    • 706 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Property Law notes

    • 14358 Words
    • 58 Pages

    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 plaintiff’s airspace - Anchor Brewhouse v Berkley House.…

    • 14358 Words
    • 58 Pages
    Powerful Essays
  • Powerful Essays

    Legal or Equitable Estates

    • 3927 Words
    • 16 Pages

    Explain to Lionel and Michael how the legal and equitable estate in 6 and 7 High St. is held and whether or not Lionel could force Michael to sell the freehold estate in the premises.…

    • 3927 Words
    • 16 Pages
    Powerful Essays