The distinction between lease and license is a crucial one as the former is a proprietary right a... more The distinction between lease and license is a crucial one as the former is a proprietary right and the latter is a personal right. Thus, the scope of these rights is considerably different. Nevertheless, the contractual nature of the rights has been a litigation issue for a while now. Thus it is argued that 'a skilful draftsman must, in appropriate circumstances, be allowed to succeed' (Crancour Ltd v Da Silvaesa per Purchas LJ). Nevertheless, the test laid down by Lord Templeman's speech in Street v Mountford [1985] has been a useful guide in distinguishing between lease and licences. However, it is rightly stated that the 'test is simple but appearances can be deceptive.' Thus, this essay will first explain the concept of lease and licenses. It will further discuss the relevant criteria laid down for a valid lease and critically analyze it in light of relevant case law. And conclusively, this essay shall argue that apart from exceptional cases like Brutton v London & Quadrants & Dutton v Manchester airport, the subsequent case law has been useful in finding a lease or a license from the relevant provisions of a contract.
The LRA 2002 has been in use for almost 19 years. When the extensive legislation (136 sections, 1... more The LRA 2002 has been in use for almost 19 years. When the extensive legislation (136 sections, 12 secludes) was enacted, it had hoped to introduce as 'an attempt to reshape conveyancing to ensure its compatibility with the commercial world of the twenty-first century (Barbara Bogusz).' Thus, LRA 2002 envisioned offering a more coherent framework whereby 'an estate or interest will be created by the act of its registration (Nicola Jackson).' Nonetheless, critics argue that 'confounding the hopes of its drafters, the legislation's interpretation and application has since generated many unanticipated problems which demand attention (Amy Goymour, Stephen Watterson, Martin Dixon).' This essay shall define Title by registration and 3 principles under LRA 2002. Further, in light of the relevant case law, this essay will highlight the relevant concerns and issues that have arisen since its implementation. Conclusively, this essay will argue that whilst conveyance of land has been made simpler through title by registration, reforming LRA 2002 is essential. 'In recent years, the landscape in which land registration operates has changed. There has been an increase of incidents of fraud relating to registered land, the legal consequences of which have been difficult to resolve. And technology has not developed in the way that was predicted at the time the legislation was drafted (Law commission 2018).' Indeed the essay cannot cover the entire LRA 2002. Yet, the highlighted issues are a part of the reforms and draft bill proposed by the law commission.
The 2002 act … oversees an intensified system of almost universal recordation of property rights ... more The 2002 act … oversees an intensified system of almost universal recordation of property rights in the land register, thereby sharpening up the effects of dealings between the strangers and reducing potential threats to any title taken by a transferee or mortgagee (Gray and Gray).' The question at hand includes cluster range of minor interests arising around a major interest; the operative distinction would be drawn upon form of estate ownership & if any other interests in land which could enhance, diminish or qualify Boris's ownership. A right which does not amount to an interest in land can only be enforced between original parties, an interest in land however is capable of binding a purchaser, subject to appropriate rules of priority (s.28 and s.29 LRA 2002) where only a volunteer (not a purchaser of valuable consideration) is subject to all pre-existing proprietary interest (Halifax v Popeck). Furthermore, in order to protect occupiers from 'having their rights lost in the welter of registration (Lord Denning)' 15 interests can override the register including i) short term lease para.1ii) actual occupation para.2 and iii) easements para.3. The aforementioned rights will be considered in order to assess Boris's claim over the land.
Any occupant, who has possession of the land without its legal entitlement is considered 'adverse... more Any occupant, who has possession of the land without its legal entitlement is considered 'adverse possession.' Moreover the legal title of the true owner can be ousted by the squatter if he continues to use that land for a required period of time. However, acquiring title by adverse possession is subject to certain prerequisites under the new and old scheme. The squatter must prove i) factual possession of the land with "a sufficient degree of occupation or physical control" Powell v. McFarlane [1977], Buckingham CC v. Moran [1989] and an intention to exercise such custody and control on one's own behalf and for one's own benefit Pye v. Graham [2002] ii) an intention to possess the land "animus passidend" without its absolute control Ofulue v Bossert [2008] , Thorpe v Frank [2019] and iii) the possession must be 'adverse.' This question shall discuss David's claim of Adverse Possession on i) Strip of Land owned by Amside Property Holdings and ii) the wall between Brooklands and Woodbine Cottage Strip of Land owned by Amside Property Holdings Based on the aforementioned facts, Amside property has discovered the title deeds to the strip therefore it is apparent that the land is unregistered. Thus the applicable law in this scenario will be Law of Property Act 1925 and Limitation Act 1980. Furthermore, Section 15(1) of the Limitation Act 1980 says that no action shall be brought by any person to recover any land after the expiration of twelve years from the date on which the right of action accrued to him or if it accrued to same person through whom he claims that person. This meant that dispossession of the true owner will require (i) factual possession (ii) with intention to possess and (iii) without consent for minimum 12 years.
In the UK House of Lords leading judgment of M (Lebanon) v Secretary of State for the Home Depart... more In the UK House of Lords leading judgment of M (Lebanon) v Secretary of State for the Home Department [2008], Lord Bingham and Lady Hale and Lord Hope assessed the intricate structure of rights and duties of an offspring distributed between the parties under the rules of custody (hadanah) and guardianship (wilayah) in Islamic law. It was observed that Sharia was in sharp contrast to English law where both parents of a child of marriage have parental responsibility and can take decision on the child's education, medical treatment, religion, etc.
All the states of the Near East are moving, at a lesser or greater speed, toward adopting legal s... more All the states of the Near East are moving, at a lesser or greater speed, toward adopting legal systems based in form upon western models and drawing their substance from at least the underlying principles of shari'a law, except where these principles are repugnant to modern thought, in which case legislation is directly based in whole or part upon western models David Bonderman 1968. Based on this connotation it is asserted that western domination of the Muslim world led to the steady substitution of Sharia by Western inspired legal codes.
The distinction between lease and license is a crucial one as the former is a proprietary right a... more The distinction between lease and license is a crucial one as the former is a proprietary right and the latter is a personal right. Thus, the scope of these rights is considerably different. Nevertheless, the contractual nature of the rights has been a litigation issue for a while now. Thus it is argued that 'a skilful draftsman must, in appropriate circumstances, be allowed to succeed' (Crancour Ltd v Da Silvaesa per Purchas LJ). Nevertheless, the test laid down by Lord Templeman's speech in Street v Mountford [1985] has been a useful guide in distinguishing between lease and licences. However, it is rightly stated that the 'test is simple but appearances can be deceptive.' Thus, this essay will first explain the concept of lease and licenses. It will further discuss the relevant criteria laid down for a valid lease and critically analyze it in light of relevant case law. And conclusively, this essay shall argue that apart from exceptional cases like Brutton v London & Quadrants & Dutton v Manchester airport, the subsequent case law has been useful in finding a lease or a license from the relevant provisions of a contract.
The LRA 2002 has been in use for almost 19 years. When the extensive legislation (136 sections, 1... more The LRA 2002 has been in use for almost 19 years. When the extensive legislation (136 sections, 12 secludes) was enacted, it had hoped to introduce as 'an attempt to reshape conveyancing to ensure its compatibility with the commercial world of the twenty-first century (Barbara Bogusz).' Thus, LRA 2002 envisioned offering a more coherent framework whereby 'an estate or interest will be created by the act of its registration (Nicola Jackson).' Nonetheless, critics argue that 'confounding the hopes of its drafters, the legislation's interpretation and application has since generated many unanticipated problems which demand attention (Amy Goymour, Stephen Watterson, Martin Dixon).' This essay shall define Title by registration and 3 principles under LRA 2002. Further, in light of the relevant case law, this essay will highlight the relevant concerns and issues that have arisen since its implementation. Conclusively, this essay will argue that whilst conveyance of land has been made simpler through title by registration, reforming LRA 2002 is essential. 'In recent years, the landscape in which land registration operates has changed. There has been an increase of incidents of fraud relating to registered land, the legal consequences of which have been difficult to resolve. And technology has not developed in the way that was predicted at the time the legislation was drafted (Law commission 2018).' Indeed the essay cannot cover the entire LRA 2002. Yet, the highlighted issues are a part of the reforms and draft bill proposed by the law commission.
The 2002 act … oversees an intensified system of almost universal recordation of property rights ... more The 2002 act … oversees an intensified system of almost universal recordation of property rights in the land register, thereby sharpening up the effects of dealings between the strangers and reducing potential threats to any title taken by a transferee or mortgagee (Gray and Gray).' The question at hand includes cluster range of minor interests arising around a major interest; the operative distinction would be drawn upon form of estate ownership & if any other interests in land which could enhance, diminish or qualify Boris's ownership. A right which does not amount to an interest in land can only be enforced between original parties, an interest in land however is capable of binding a purchaser, subject to appropriate rules of priority (s.28 and s.29 LRA 2002) where only a volunteer (not a purchaser of valuable consideration) is subject to all pre-existing proprietary interest (Halifax v Popeck). Furthermore, in order to protect occupiers from 'having their rights lost in the welter of registration (Lord Denning)' 15 interests can override the register including i) short term lease para.1ii) actual occupation para.2 and iii) easements para.3. The aforementioned rights will be considered in order to assess Boris's claim over the land.
Any occupant, who has possession of the land without its legal entitlement is considered 'adverse... more Any occupant, who has possession of the land without its legal entitlement is considered 'adverse possession.' Moreover the legal title of the true owner can be ousted by the squatter if he continues to use that land for a required period of time. However, acquiring title by adverse possession is subject to certain prerequisites under the new and old scheme. The squatter must prove i) factual possession of the land with "a sufficient degree of occupation or physical control" Powell v. McFarlane [1977], Buckingham CC v. Moran [1989] and an intention to exercise such custody and control on one's own behalf and for one's own benefit Pye v. Graham [2002] ii) an intention to possess the land "animus passidend" without its absolute control Ofulue v Bossert [2008] , Thorpe v Frank [2019] and iii) the possession must be 'adverse.' This question shall discuss David's claim of Adverse Possession on i) Strip of Land owned by Amside Property Holdings and ii) the wall between Brooklands and Woodbine Cottage Strip of Land owned by Amside Property Holdings Based on the aforementioned facts, Amside property has discovered the title deeds to the strip therefore it is apparent that the land is unregistered. Thus the applicable law in this scenario will be Law of Property Act 1925 and Limitation Act 1980. Furthermore, Section 15(1) of the Limitation Act 1980 says that no action shall be brought by any person to recover any land after the expiration of twelve years from the date on which the right of action accrued to him or if it accrued to same person through whom he claims that person. This meant that dispossession of the true owner will require (i) factual possession (ii) with intention to possess and (iii) without consent for minimum 12 years.
In the UK House of Lords leading judgment of M (Lebanon) v Secretary of State for the Home Depart... more In the UK House of Lords leading judgment of M (Lebanon) v Secretary of State for the Home Department [2008], Lord Bingham and Lady Hale and Lord Hope assessed the intricate structure of rights and duties of an offspring distributed between the parties under the rules of custody (hadanah) and guardianship (wilayah) in Islamic law. It was observed that Sharia was in sharp contrast to English law where both parents of a child of marriage have parental responsibility and can take decision on the child's education, medical treatment, religion, etc.
All the states of the Near East are moving, at a lesser or greater speed, toward adopting legal s... more All the states of the Near East are moving, at a lesser or greater speed, toward adopting legal systems based in form upon western models and drawing their substance from at least the underlying principles of shari'a law, except where these principles are repugnant to modern thought, in which case legislation is directly based in whole or part upon western models David Bonderman 1968. Based on this connotation it is asserted that western domination of the Muslim world led to the steady substitution of Sharia by Western inspired legal codes.
2016 'The European Court of Justice has described the concepts of direct effect and supremacy as ... more 2016 'The European Court of Justice has described the concepts of direct effect and supremacy as "the essential characteristics of the Community legal order".' Discuss. 'Indeed, one of the key features of the EU judicial system has been the way the Court of Justice has derived from the general principles of primacy and direct effect a specific duty on national courts to provide full and effective protection of individual rights.' Discuss. 2017October The EU doctrine of direct effect was forged by the Court of Justice of the European Union (CJEU) over fifty years ago. It marks the beginning of the Court's role in promoting integration by giving maximum effect to Community law. Trace the development of the principle for different types of legislation, discussing the relevant case law, while paying particular attention to the way in which the CJEU has interpreted the doctrine for: (a) Treaty Articles; and (b) Directives. 2018 'The CJEU has once more stated that, in accordance with its settled case law, a directive cannot of itself impose obligations on an individual and cannot therefore be relied upon, as such, against an individual.' (Case C 413/15, Farrell, 2017). Discuss with reference to the CJEU's case law on direct effect. 'The problems encountered in giving domestic legal effect to unimplemented directives ought not to distract us from recognising that, in respect of Treaty provisions, direct effect is a powerful and relatively uncontroversial tool of enforcement.' Discuss 2019 Question 6 'The principle of direct effect led naturally to the recognition of the primacy of EU law. If EU law was to be applied by the national courts, it had to be applied across the EU as a whole. There was therefore no room for the idea that the application of EU law might conflict in some Member States with national law. EU law must necessarily prevail over national law. The principle of primacy is inherent in the very idea of an EU based on the rule of law.' Discuss. 'The ultimate rationale of direct effect of [Union] acts can be found in the effective enforcement of [Union] law.' Discuss the direct effect of Directives in the light of this statement. "The Community constitutes a new legal order of international law for the benefit of which the States have limited their sovereign rights, albeit within limited fields". Van Gen den Loos The EU treaties complete with the EU charter of Fundamental Rights and other protocols and the secondary form of EU law sanctioned by those treaties-in particular Regulations, Directives and Decisions under Article 288 TFEU. Together, they
Uploads
Papers by Arooj Malik