land law waga

Lease -A lease is an estate in land which therefore gives a proprietary interest in the land.It must be distinguishhed from a licence which only gives a personal right in the land. Essential characteristics of a lease -According to the principle of Street v Mountford a lease must have three characteristics,1.Exclusive possession 2.For a fixed or periodic term 3.At a rent.There are some exceptional cases which make a lease a licence.       The fact that the agreement is described as alicence does not prevent it from being a lease if the above characteristics are present.The only intention of the party which is relevent is the intention to grant exclusive possession.       There is no absolute principle of no rent,no lease,Ashburn Anstalt v Arnold Antoniades v Villiers (1988)-A case concerning wheather separate lease agreement were in fact a lease. The case involved an agreement for joint occupation of a furnished flat, the question being whether the occupiers enjoyed exclusive oc

Overreaching in Land Law Overreaching is a mechanism aimed at achieving conveyancing efficiency with minimal regard to protecting interests held in land. Overreaching applies where there exists a trust of land in both registered and unregistered land. Overreaching is the process by which the rights of beneficiaries under a trust of land, become detached from land on conveyance and attach to the proceeds of sale. Thus a person holding only beneficial ownership can be said to have rights in the value of the land rather than the land itself. In most situations those with equitable ownership rights will also hold legal title so overreaching will not be a problem; since a conveyance of the property will require consent. However, difficulties arise where the beneficial owner does not hold legal title as the trustees may convey the property without their knowledge or consent. Overreaching ensures the purchaser of land takes the property free from any beneficial interests

 this page Overriding interest  is an  English land law  concept. The general rule in registered  conveyancing  is that all interests and rights over a piece of land have to be written on the  register  entry for that land. Otherwise, when anyone buys that piece of land, the interests will not apply to the purchaser, and the rights will be lost. Overriding interests are the exception to this general rule. Overriding interests need not be registered to bind any new owner. Ed The House of Commons, House of Lords and tasked Royal Commission preparing the  Law of Property Acts  (1925) agreed that for many classes of interest it would be unreasonable to expect certain interests to be registered, in which legislation they were termed overriding interests. Their list was reformed and simplified under legislation of 2002 in staggered reforms between that year and 2013. Such interests principally include: Tenancies/leases of less than seven years Rights of people in actual occupation, p