Law of property Essay Example | Topics and Well Written Essays - 1500 words

Law of property - Essay Example Your principal has asked you to research and give her a brief report outlining the legal principles, and identifying the relevant cases and statutory provisions, as to whether You should include with your report (but not counting in the word limit) a list of all cases consulted (with references) and, if appropriate, statutory provisions that are closely relevant to the case, so that your principal can follow these up and give the appropriate advice. (ii) Your principal has also asked you to do a separate piece of research, unconnected with the properties above, to produce a short report on decisions in the cases in the last ten years in which the courts have considered and/or applied the concept of the termination of a lease by surrender by operation of law a) In order to determine if any person has any equitable or legal rights over Sheila's estate one has to consider if it is capable of being an equitable or legal interest. The first consideration under 1(1)(a) is that for there to be a legal interest it has to be an estate in fee simple absolute in possession and (b) A term of years absolute. The second consideration is under 1(2) which identifies only those interests which can be legal interest, which includes such examples as a legal lease of which both lease. The first question is whether Sheila's executors are bound by the leases created by Sheila. The first note to make is that all legal leases that Sheila has made are valid are binding. However, the question is whether this deeded lease is a legal lease because it is not in terms of years absolute, therefore not a legal lease; rather it is an equitable lease. Equitable leases must be registered if created after 1925 and the land is registered. If the land is not registered the n the lease is not binding if sufficient enquiry has been made and there is no obvious notice of occupation. In this case this would fail because there is a deed, which if sufficient enquiry had been made would have been findable. As we are dealing with executors of the estate they have actual notice because they hold the deed, therefore it is binding on them and any buyers because it would have to be made