Exclusive possession land law. LAND LAW 2.1 LEASES AND TENANCIES (INTRODUCTION) 2022-10-11
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Exclusive possession is a concept in land law that refers to the right of an individual or entity to occupy and use a particular piece of land to the exclusion of others. This means that the person or entity with exclusive possession has the right to control access to the land, and can prevent others from entering or using the land without their permission.
Exclusive possession can be acquired in a number of ways, including through the purchase of property, the grant of a lease, or the occupation of land as a squatter. In each of these cases, the person or entity with exclusive possession has the right to occupy and use the land as they see fit, subject to any legal restrictions or limitations that may apply.
The concept of exclusive possession is an important one in land law, as it allows individuals and entities to have clear and defined rights over the use and occupation of land. It also provides a legal framework for resolving disputes over land ownership and use, as the person or entity with exclusive possession has the right to take legal action to protect their rights if they feel that their possession is being threatened.
There are a number of factors that can impact the extent of an individual's or entity's exclusive possession rights. For example, the terms of a lease or property purchase agreement may specify certain restrictions on the use of the land, or may require the person or entity with exclusive possession to maintain the property in a certain way. Additionally, local zoning laws and other regulatory frameworks may also impact the use and occupation of land, and may place limits on what an individual or entity with exclusive possession is permitted to do with the land.
In summary, exclusive possession is a key concept in land law that refers to the right of an individual or entity to occupy and use a particular piece of land to the exclusion of others. It is an important legal principle that helps to define and protect the rights of individuals and entities over the use and occupation of land, and provides a framework for resolving disputes over land ownership and use.
What is exclusive possession meaning?
Which in our case, Meryl had sold the lease to Richard in 1995 which means that the lease is under the rules of the old lease. Mr Antoniades Mr Antoniades Did the landlords agree to provide services? Had been looking for three months. The allows the freehold owner to introduce additional occupiers and states that cleaning services will be provided. . Written contracts therefore offer far greater protection from this type of dispute. Foremost among these is proving you have had factual possession of the land and that you had the intention to possess said land.
S142 1 The obligation under a condition or of a covenant entered into by a lessor with reference to the subject-matter of the lease shall, if and as far as the lessor has power to bind the reversionary estate immediately expectant on the term granted by the lease, be annexed and incident to and shall go with that reversionary estate, or the several parts thereof, notwithstanding severance of that reversionary estate, and may be taken advantage of and enforced by the person in whom the term is from time to time vested by conveyance, devolution in law, or otherwise; and, if and as far as the lessor has power to bind the person from time to time entitled to that reversionary estate, the obligation aforesaid may be taken advantage of and enforced against any person so entitled. Legal lease s 2 LPA 1925 3 Priority: which priority rule o Special Priority Rule Purchaser s LRA 2002 Registration: Is the right enforceable under LRA 2002? Where it is one party that is mistaken, it shall be voidable at the instance of the mistaken party- Cundy V Lindsay, Ingram V Little-Section 44 Rivers State. In a long lease such as 99 years that was given to Richard by Meryl it is reasonably expected that the tenant is responsible for the structural repairs. Copy to Clipboard Reference Copied to Clipboard. Katy and Paul entered into an agreement with Meryl in 2004 for them to be able to park their campervan in front of the house. The second is that there must have been an intention that the benefit should run with the estate owned by the covenantee at the date of the covenant and this was stipulated in smith and Snipes Hall Farm Ltd v River Douglas Catchment Board 1939 under s. Essentially, the ability to enjoy exclusive possession means that the tenant must be able to exclude his landlord from the land in question.
Equitable leases, unlike a legal lease, do not bind the successor. Step 3: From the NATURE and EXTENT of rights in substance granted, can it be inferred that exclusive possession was granted? In construing intention, the courts look at: — The relationship of the parties: Family arrangement, friendship, generosity- Cobb V Lane. This problem deals with easements which is difficult to define so the Court of Appeal in Re Ellenborough Park recognised that there are four rules of recognition for an easement: there must be a dominant tenement and a servient tenement; dominant and servient owners must be different persons; as illustrated in the case of Law Hill v Tupper 1863 ; Moody v Steggles 1879 ; Mounsey v Ismay 1865. They are the doctrine of mutual benefit and burden, which takes the rule of Halsall v Brizell 1957 which stats that if the purchaser takes certain benefits then they cannot avoid any of the burdens as well. Equitable easements can be created without a deed, but they must be in writing s53 1 a LPA 1925.
However the Bucks CC case only dealt with the person who originally extended the garden and was actually living in the house, Nigel purchased the house from Meryl, so the question now is whether or not he will be successful in claiming adverse possession. When one spouse leaves the home, squabbles often arise over such furnishings. According to the Court of Appeal in the case of Prudential Assurance Co. It is not unusual for parties to seek exclusive use of vehicles, equipment necessary for upkeep of the property or general household furniture. This is not the case under the laws of Landlord and Tenant.
He has a leasehold on the upstairs flat of the property for 99 years which was given to him by Meryl. If my brother ever needs a place to sleep, please give him access to the spare bedroom. There must be a sufficient degree of exclusive physical control over the land and it is generally considered to show such control you must exclude all others. Moran with legal action as he had adversely possessed and cultivated land that he knew belonged to the council. Lease: agreement was a sham designed to avoid the provisions of the Rent Acts.
The problem concerns covenants in leases. Where the lease was induced by misrepresentation, the innocent party can rescind- Angel V Jay. Also, how do I get exclusive real estate ownership? The plaintiff, the owner of a strip of land leading to an orchard, had sought to restrain the defendant, a wheelwright with premises across the road from the orchard, from leaving vehicles awaiting repair on the strip of land. Moran fenced and installed the gate which he had chained and padlocked to exclude the world at large. Marco has occupied the flat at all times.
Defined As the Grant of a Right to the Exclusive Possession of Land
See the exchange between Cockburn CJ and counsel for the plaintiff in Lancaster v Eve 1859 5 CB NS 717 at 723, 141 ER 288 at 291, interrupting an argument about fixtures and annexation. Share this: Facebook Twitter Reddit LinkedIn WhatsApp Nigel seeks my advice on the following problems he has experienced since he purchased the freehold on a large Victorian house in Harpenden. This means that as the property in question is a lease which means that the benefits and burden pass onto any successor of the land. So the only other form of easement left is prescription. Nigel wishes to know what he can do to stop this. In summary, the intention of the parties should be looked upon, the nature and substance of the agreement would also be examined to construe whether it is a lease, license or something else. Who can have exclusive possession? Exclusive occupation may, or may not, amount to legal possession.
Until that power is exercised Mr Villiers and Miss Bridger are jointly in exclusive occupation of the whole of the flat making periodical payments and they are therefore tenants. Exclusive use is an essential element for prescriptive easement. Equitable easements can be created by deed, but will fail as legal easements if they are not in fee simple or for a term of years absolute. Is it legal or equitable? Nigel wishes to know whether the council can reclaim the land. In effect this granted the occupant exclusive possession but, contained in the agreement, was a clause stating- as in the name of the agreement- that this was a license, not a lease. I rather think it is. The other type of express easement is equitable and an easement that meets the criteria in the Ellenborough Park case will only be equitable where the requirements for a legal easement have not been met.
Exclusive possession means first that the tenant has the right to exclude others, including the landlord, from the property — the tenant in effect is exercising the right as if he were absolute owner of the property. You can apply to the family court for an order for exclusive possession of your apartment. That may be the necessary legal consequence. Reasonable depends on the facts and construction of the license agreement-Smith V West African Pictures. In AG Securities v Vaughan, the court held that the parties were just licensees: there was no unity of time or interest. How do you prove exclusive possession? It is usually taken as authority for the proposition that a claim to an easement will fail if it amounts, in effect, to a claim of exclusive possession of the servient land. Advice Activity Marco signs up to a of a flat for a rent of per month.
