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Property Law 2012-2013

Book Information

Book Cover

Property Law Statutes 2012-2013

4th Edition

Author: Russell Hewitson

Publication date: 15th August 2012

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How to use this Book

Reading a Statute is very different from anything that you may have encountered previously. You should not assume that the best way of reading a statute is to start at the beginning and read it all the way through to the end. First of all, you should consider looking at the definition or interpretation sections of the Statute. These are usually found towards the end of the Statute, for example, s 205 of the Law of Property Act 1925 and s 132 of the Land Registration Act 2002. Finding these provisions is important as they will help you to understand a Statute in that they will clarify any special meanings in the Statute. You may sometimes find that where a word or phrase has a defined meaning in only one section then that meaning will be set out in that section, see for example s 4(9) of the Land Registration Act 2002.

When you read a provision in a Statute you should read carefully and not rush. Each word may potentially be important, for example distinguishing between the words ‘may’ and ‘will’ can be crucial.

You will see that a statute is divided into sections, numbered consecutively. The Law of Property Act 1925 has 209 sections followed by 7 schedules. By contrast the Law of Property (Miscellaneous Provisions) Act 1989 has only 5 sections and no schedules. The 209 sections of the 1925 Act are arranged in 12 parts. In many statutes where a part contains a lot of sections it may be subdivided into chapters to make it easier to follow.

Each section of a Statute will usually contain a specific rule of law. You will find that the section headings will provide you with a guide as to what the following section contains. When you refer in a tutorial or exam answer to a particular rule you should state not only the Statute from which the rule comes but also the section of that Statute in which it can be found. A section may be divided into subsections.

A Statute may have schedules at the end. These will normally be divided into consecutively numbered paragraphs. If a schedule is lengthy its paragraphs may be divided into parts. A schedule will usually contain provisions which are not found in the main body of the Statute. Alternatively they may summarise legal rules or changes to rules found elsewhere in the Statute.

Where a Statute has been amended by inserting new sections, you may see the new section identified by a number followed by a capital letter, see for example s 335A of the Insolvency Act 1986. If this Statute were to be amended again by inserting a section between s 335 and s 335A that new section would be numbered s 335ZA. This can make it difficult to follow the order of the sections. If a Statute is amended by repealing a section, then the subsequent sections will not be renumbered. There are similar conventions for numbering new subsections, parts, chapters and schedules.

You will find that careful analysis of the meaning and effect of provisions in Statutes will be a key step in helping you to solve legal problems.

Quizzes

Interpreting Statutes

Scenario 1

Elaine Willers owns Primrose Farm, title to which is registered at the Land Registry. Elaine has granted her brother, Michael, a life interest in the farm. Will Michael have a legal estate in the farm?

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Scenario 2

David Slater owns a house, 12 Victoria Road, and has agreed to sell it to Guy Green. The title to the house is unregistered freehold. On completion David executes a transfer deed in favour of Guy. What action must Guy take following completion and what will be the effect of not complying with any time limit? Would the position be different if title to the property was already registered?

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Scenario 3

Five years ago, Sam and Polly bought an old Victorian terraced house together. Last year Polly gave birth to their son. Sam and Polly have now decided to split up. Sam has suggested that they should divide the house into two flats. They could each then occupy one flat. Polly does not think that Sam's idea would work as she wants to start her life afresh and feels that she needs some space away from Sam. What advice would you give Polly?

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Scenario 4

In the following scenarios identify what type of tenancy has been created and whether the tenant has a legal estate:

  1. Simon grants Peter a 10-year lease of a house by deed.
  2. Hilda orally grants Amanda a 2-year lease of a cottage.
  3. John grants Alasdair a 7-year lease of a flat. The written document granting the lease contains the word ‘deed‘ but it is not witnessed. Alasdair moves into occupation of the flat and pays £450 per month rent.
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Scenario 5

Dan Connolly has invested in the buy-to-let market and has bought a small corner shop with a flat above. The shop is let on a lease for 3 years whilst the upstairs flat is let on a lease for 10 years. Both leases contain no provisions dealing with repair by the landlord. Advise Dan if he has any liability for repair.

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Scenario 6

Michael Angel has just bought Inverness House from William Reynolds for £850,000.00. It is a large property with its own grounds. Title to the property was already registered at the time of his purchase and Michael has been registered as the new proprietor. Three months ago William granted Ian Fletcher an option to purchase a summerhouse and some outbuildings in the grounds of Inverness House. Ian has not yet exercised the option. Is Michael bound by Ian's interest?

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Scenario 7

Robert and Claire Thomas buy a house with unregistered title which is conveyed to them as legal and beneficial joint tenants. Claire subsequently severs the joint tenancy by notice in writing, so converting it to a tenancy in common in equity. Claire dies and in her will she leaves her property to David Green. Robert sells the property to Georgina Malcolm. What steps must Georgina take to ensure that she takes the property free of David's interest?

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Scenario 8

In 1995 David Atkins granted a 21-year lease to Andy Potts. The lease contains a covenant by the tenant to keep the premises in repair. Andy then assigned the lease to Michael Clifford who in turn assigned the lease to Matthew Crawford. The property is now in disrepair. Will Michael be liable for Matthew's breach of the tenant repair covenant?

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Scenario 9

In 1997 Stephen Perks granted a 25-year lease to Joe Pitt. Stephen now want your advice on what an excluded assignment is and how the existence of an excluded assignment effects the automatic release of the original tenant from continuing liability.

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Scenario 10

Jonathan and Kelly Allsopp are the registered proprietors of 8 Waterloo Street. They purchased the property in 1996 for £165,000, with the aid of a mortgage for £135,000 from Warrington Bank. Kelly's floristry business has now suffered a downturn in customers and three months ago Jonathan was made redundant. Jonathan and Kelly now owe Warrington Bank £145,000. The property has been valued at £175,000. Warrington Bank is concerned about the mounting arrears, and seeks your advice on whether it can repossess and sell the property?

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Useful Websites

Land Registry
www.landregistry.gov.uk/
The Land Registry guarantees the title to registered land in England and Wales and holds records for land ownership and interests. There is information on the new Land Registration Act 2002, reports on the latest Residential Property Prices, and various forms and publications.

Property Law UK
http://www.propertylawuk.net/
An online property law updating service and research tool with articles and other materials from lawyers specializing in property law.

Parliament UK — Land law page
http://www.parliament.uk/topics/Land-law.htm
This page highlights some of the current parliamentary material available on land law. This includes select committee reports, briefing papers on current legislation and other subjects produced by the parliamentary research services, and the latest Early Day Motions put down by MPs.

Landlord-Law Online
http://www.landlordlaw.co.uk/home-page
Landlord-Law Online is written and run by solicitor author Tessa Shepperson, who specialises in residential landlord and tenant work. She practices as a solicitor in Norwich as TJ Shepperson. The site has a Law Reform section where you can find government consultation and other papers on Housing Law Reform.

LEASE
http://www.lease-advice.org/
LEASE, The Leasehold Advisory Service, is an Executive Non Departmental Public Body funded by Government to provide free legal advice to leaseholders, landlords, professional advisers, managers and others on the law affecting residential leasehold in England and Wales.

The Law Commission
http://www.justice.gov.uk/lawcommission/
The Law Commission is the statutory independent body created by the Law Commissions Act 1965 to keep the law under review and to recommend reform where it is needed.

British and Irish Legal Information Institute
http://www.bailii.org/
Good for finding full text judgments of key cases.

Supreme Court
http://www.supremecourt.gov.uk/news/judgments.html
Latest judgments of the Supreme Court.

Judgments on the Courts Service website
http://www.hmcourts-service.gov.uk/cms/judgments.htm

Incorporated Council of Law Reporting
http://www.lawreports.co.uk/
particularly useful for the latest case summaries

Landlaw.org
http://www.landlaw.org.uk/
Land law resources, including links to bills, Acts, cases, and some commentary. Includes update on latest cases.

Paul Todd's Law of Trusts
http://www.aeg99.dial.pipex.com/trusts/refs/intr.htm
Paul Todd is a senior law lecturer at the University of Wales, Swansea and has created this useful site of free materials relating to trusts, which includes case summaries, notes and commentary.

Alistair Hudson's website
http://www.alastairhudson.com/
Alistair Hudson has a great website offering lots of interesting content on Equity and Trusts and his site offers links to course materials, articles and some podcasts and vidcasts.