land law waga

Freehold covenants are promises extracted by the one freehold owner (covenantee) from another freehold owner (covenantor) , whereby the latter promises either to do (positive covenant) or not to do (negative covenant) something over his land. The land burdened by the promise becomes the ST. The land benefiting from the promise becomes the DT. Covenants commonly arise when a freehold owner is selling off part of his freehold to another and wishes to maintain some degree of control over the land being sold in order to preserve the value and enjoyment of the land he is retaining . Such covenants could include, for example, restriction on the ability to build on the land or restrictions as to how the land can be used. Such covenants effectively amount to a form of private planning control. However, despite the development of this area of law, they have not eradicated the need for public planning controls. ENFORCEMENT: (a) Between the original parties to covenant . Privity of contract ca

A mortgage is a security interest in real property held by a lender as a security for a debt, usually a loan of money. A mortgage in itself is not a debt, it is the lender's security for a debt. It is a transfer of an interest in land (or the equivalent) from the owner to the mortgage lender, on the condition that this interest will be returned to the owner when the terms of the mortgage have been satisfied or performed. In other words, the mortgage is a security for the loan that the lender makes to the borrower . Lender/mortgagee A mortgage lender is an investor that lends money secured by a mortgage on real estate. In today's world, most lenders sell the loans they write on the secondary mortgage market . When they sell the mortgage, they earn revenue called Service Release Premium . Typically, the purpose of the loan is for the borrower to purchase that same real estate. As the mortgagee, the lender has the right to sell the property to pay off the loan if the bor

Easements in English law are rights that one individual has over another's land. Rights recognised as easements most frequently include rights of way or light, and extend as far as the right to use a neighbour's lavatory, or to park a car on their land. The necessity of easements can be recognised by the Law Commission's recent findings that there are easements over at least 65% of registered freehold titles. In some circumstances for example, it may be impossible for one land owner to access a public highway without an easement of a right of way. The creation of easements is usually done expressly by deed, but easements may be implied where they are necessary, or would be reasonably expected to be held by a land owner, an approach which is not altogether uncontroversial, and has been the subject of recent reform proposals. Characteristics of easements Whilst an easement is essentially a right over another's land, any right claimed as an easement must satisfy the

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