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English Property Law
English property law is the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four main topics: * English land law, or the law of "real property" *English trusts law * English personal property law * United Kingdom intellectual property law Property in land is the domain of the law of real property. The law of personal property is particularly important for commercial law and insolvency. Trusts affect everything in English property law. Intellectual property is also an important branch of the law of property. For unregistered land see Unregistered land in English law. Real property Land law, or the law of "real" property, is the most significant area of property law that is typically compulsory on university courses. Although capital, often held in corporations and trusts, has displaced land as the dominant repository ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England
England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It shares Anglo-Scottish border, a land border with Scotland to the north and England–Wales border, another land border with Wales to the west, and is otherwise surrounded by the North Sea to the east, the English Channel to the south, the Celtic Sea to the south-west, and the Irish Sea to the west. Continental Europe lies to the south-east, and Ireland to the west. At the 2021 United Kingdom census, 2021 census, the population was 56,490,048. London is both List of urban areas in the United Kingdom, the largest city and the Capital city, capital. The area now called England was first inhabited by modern humans during the Upper Paleolithic. It takes its name from the Angles (tribe), Angles, a Germanic peoples, Germanic tribe who settled du ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Earl Of Northumberland
The ''Case of Mines'' or ''R v Earl of Northumberland'' was decided in 1568. Rather than the usual four judges, a full panel of twelve common law senior judges, on appeal, decided "that by the law all mines of gold and silver within the realm, whether they be in the lands of the Queen, or of subjects, belong to the Queen by prerogative, with liberty to dig and carry away the ores thereof, and with other such incidents thereto as are necessary to be used for the getting of the ore." The decision was in the law of England and Wales and was later confirmed by courts to be applicable in the monarch's other realms and dominions. The royalties payable by custom to the UK government have been passed by British statute to the former dominions early in their recognition as dominions. Facts The Earl of Northumberland in 1568 was Thomas Percy, 7th Earl of Northumberland. The queen was Elizabeth I of England. Some copper miners in Keswick found an admixture of gold in copper mined fr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Port Of London Authority V Ashmore
''The'' is a grammatical article in English, denoting nouns that are already or about to be mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the most frequently used word in the English language; studies and analyses of texts have found it to account for seven percent of all printed English-language words. It is derived from gendered articles in Old English which combined in Middle English and now has a single form used with nouns of any gender. The word can be used with both singular and plural nouns, and with a noun that starts with any letter. This is different from many other languages, which have different forms of the definite article for different genders or numbers. Pronunciation In most dialects, "the" is pronounced as (with the voiced dental fricative followed by a schwa) when followed by a consonant sound, and as (homophone of the archaic pronoun ''thee' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Usucaption
Usucaption (), also known as ''acquisitive prescription'', is a concept found in civil law systems and has its origin in the Roman law of property. Usucaption is a method by which ownership of property (i.e. title to the property) can be gained by possession of it beyond the lapse of a certain period of time (acquiescence). While usucaption has been compared with adverse possession, the true effect of usucaption is to remedy defects in title of lands that are without encumbrance on them. History Roman law Background to usucaption The necessity for usucaption arose in Roman law with the divide between ''res mancipi'' and '' res nec mancipi''. ''Res mancipi'' required elaborate and inconvenient formal methods of conveyance to transfer title (a formal ''mancipatio'' ceremony, or '' in iure cessio''). ''Res nec manicipi'' could be transferred by '' traditio'' (delivery) or ''in iure cessio''. The remaining form of conveyance was ''traditio''. This was an informal conveyance whic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Countryside And Rights Of Way Act 2000
The Countryside and Rights of Way Act 2000 (c. 37), also known as the CRoW Act and "Right to Roam" Act, is a United Kingdom Act of Parliament affecting England and Wales which came into force on 30 November 2000. Right to roam The Act implements the so-called "right to roam" (also known as ''jus spatiandi'') long sought by the Ramblers' Association and its predecessors, on certain upland and uncultivated areas of England and Wales. This element of the act was implemented in stages as conclusive maps of different regions were produced. The act refers to areas of 'mountain, moor, heath and down' in addition to registered common land; not all uncultivated land is covered. Rights of way A staged review of public rights of way, including limited rights to create new public footpaths where needed, is being conducted under the Act. Again, this is being conducted in a staged manner, which can produce anomalies – of the two administrative areas of the County of Gloucestershire, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tulk V Moxhay
''Tulk v Moxhay'' is a landmark English land law case which decided that in certain cases a restrictive covenant can "run with the land" (i.e. a future owner will be subject to the restriction) in equity. It is the reason that Leicester Square exists today. On the face of it disavowing that covenants can "run with the land" so as to avoid the strict common law's former definition of "running with the land", the case has been explained by the Supreme Court of Canada in 1950 as meaning that "covenants enforceable under the rule of ''Tulk v Moxhay'' ... are properly conceived as running with the land in equity"; the Canadian court's wording summarises how the case has been interpreted and applied in decisions across common law jurisdictions. Facts In 1808, Charles Augustus Tulk, the owner of several parcels of land in Leicester Square in central London,'Leicester Square Area: Leicester Estate', ''Survey of London: volumes 33 and 34: St Anne Soho'' (1966), pp. 416-440. URL: http:// ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leasehold
A leasehold estate is an ownership of a temporary right to hold land or property in which a Lease, lessee or a tenant has rights of real property by some form of title (property), title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property. Leasehold is a form of land tenure or property tenure where one party buys the right to occupy land or a building for a given time. As a lease is a legal estate, leasehold estate can be bought and sold on the open market. A leasehold thus differs from a Freehold (law), freehold or fee simple where the ownership of a property is purchased outright and after that held for an indeterminate length of time, and also differs from a tenancy where a property is let (rented) periodically such as weekly or monthly. Terminology and types of leasehold vary from country to country. Sometimes, but not always, a residential tenancy under a lease agreement is colloquially k ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Saunders V Vautier
, (1841) 4 Beav 115 is a leading English trusts law case. It laid down the rule of Equity (law), equity which provides that, if all of the beneficiary (trust), beneficiaries in the trust law, trust are of Age of majority, adult age and under no disability, the beneficiaries may require the trustee to transfer the legal estate to them and thereby terminate the trust. The rule has been repeatedly affirmed in common law jurisdictions, and is commonly referred to as "the rule in ''Saunders v Vautier''" for shorthand. Facts A testator, one Richard Wright, had bequeathed £2,000 worth of stock in the East India Company on trust for his great-nephew, Daniel Wright Vautier, and his wife and heirs. According to the terms of the trust, it was to accumulate until Vautier reached the age of 25. The stock's dividends were to be accumulated along with the capital. Daniel Wright Vautier's father (confusingly, also named Daniel Vautier) died in the testator's lifetime, but after the testator ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Four Unities
The four unities is a concept in the common law of real property that describes conditions that must exist in order to create certain kinds of property interests. Specifically, these four unities must be met for two or more people to own property as joint tenants with legal right of survivorship, or for a married couple to own property as tenants by the entirety. Some jurisdictions may require additional unities. The four unities The mnemonic PITT is used for the four unities here: Possession, Interest, Time, & Title. ; Unity of time : Interest must be acquired by both tenants at the same time. ::In common law, the "time" requirement could be satisfied only by using a " straw man" to create a joint tenancy. The party creating the joint tenancy would have to convey title to a straw man, who would then transfer title to the two parties as joint tenants. ; Unity of title : The interests held by the co-owners must arise out of the same instrument.''Re Murdoch and Barry'' (1976), 10 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Concurrent Estate
In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time. If more than one person owns the same property, they are commonly referred to as co-owners. Legal terminology for co-owners of real estate is either co-tenants or joint tenants, with the latter phrase signifying a right of survivorship. Most common law jurisdictions recognize tenancies in common and joint tenancies. Many jurisdictions also recognize tenancies by the entirety, which is effectively a joint tenancy between married persons. Many jurisdictions refer to a joint tenancy as a joint tenancy with right of survivorship, but they are the same, as every joint tenancy includes a right of survivorship. In contrast, a tenancy in common does not include a right of survivorship. The type of co-ownership does not affect the right of co-owners to sell their fractional interest in the property to others during their lifetimes, but it does affect ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fee Simple
In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., permanently) under common law, whereas the highest possible form of ownership is a "fee simple absolute", which is without limitations on the land's use (such as qualifiers or conditions that disallow certain uses of the land or subject the vested interest to termination). The rights of the fee-simple owner are limited by government powers of taxation, compulsory purchase, Law enforcement in the United Kingdom#Powers of officers, police power, and escheat, and may also be limited further by certain encumbrances or conditions in the deed, such as, for example, a condition that required the land to be used as a public park, with a reverter, reversion interest in the grantor if the condition fails; this is a fee simple conditional. History ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Land Tenure In England
Even before the Norman Conquest, there was a strong tradition of landholding in Anglo-Saxon law. When William the Conqueror asserted sovereignty over England in 1066, he confiscated the property of the recalcitrant English landowners. Over the next dozen years, he granted land to his lords and to the dispossessed Englishmen, or affirmed their existing land holdings, in exchange for fealty and promises of military and other services. At the time of the Domesday Book, all land in England was held by someone, and from that time there has been no allodial land in England. In order to legitimise the notion of the Crown's paramount lordship, a legal fiction—that all land titles were held by the King's subjects as a result of a royal grant—was adopted. Most of these tenants-in-chief had considerable land holdings and proceeded to grant parts of their land to their subordinates. This constant process of granting new tenures was known as subinfeudation. It created a complicated pyram ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
