Monthly Archives: February 2014

Introductory activity. Land law.

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Cuius est solum rule

This is a Latin tag. ”whoever owns the soil owns it from the sky down to hell” . An estateholder owns below ground down to 500 feet. She also owns above ground. But a plane flying at a reasonable heigh above will not be trespass

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fixture

This is something that is fixed to real property. Real property is like real estate – meaning a land or a building. If removing something from the land or building would damage the land or building then this thing is a fixture such as piping or electric wiring. When someone sells a house he is usually not entitled to take fixtures with him

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chattel

These are movable goods such as furnitures.  Sometimes they are called personalty.

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ownership of land

Those who own land are said to hold it. In the strictest legal sense the Crown owns all land and the holders only have an interest in it.

England has an allodial title system. This means that the fee simple owner cannot have it taken off him. If someone had allodial title then there is no superior landlord over him.

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possession of land

If someone possesses something he intends to possess it. The possessor is not always the owner. An owner can assign possession to someone else – to someone renting the property from the owner or to a property manager.

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concept of title to land

The title is the right to own the land. This is usually supported by legal documents called title deeds. In some countries some people have no such documentation. There is customary title – that is to say that a person and his ancestors have occupied some land for a long time and in their tradition are considered to own the land.

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theory of tenure

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doctrine of estates

 

unsure.

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legal estates in land

An estate is one of several types of land holding. Someone can have an estate for a set number of years. It could be an estate for life. It could be an estate in fee simple. There is estate pour vie auteur – that means you hold it while someone else is alive.

legal estates and interests are in rem – they are rights against the world.

Fee tail estates go to the heir’s of one’s body.

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feudal of tenure

As of 1066 all land in England was owned by the king. He then parcelled it out. People were give it for ever or for life or a set number of years. Services were demanded in return.

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fee simple estate

fee simple estate is an estate in land. It is sometimes called fee simple absolute.  This is freehold ownership.

Land held in fee simple can be conveyed away, sold or mortgaged as security.

fee simple is alienable, devisible and  descendible.

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modified fee simple

this is like fee simple absolute but it is more limitied. In this the owner can create a condition and the heir has to obey this condition in order to own the land

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leasehold estate

This mean temporarily holding land as a tenant or a lessee. The ultimate owner is the lessor.The lessee has this for a fixed period or sometimes for life. Tempoary could still be for many years like 99.

At the end of the lease the occupier has a right to remain in occupation in return for paying rent. GThat is leasehold.

A term of years is NOT automaticallty renwed at the option of the lessee.

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real property

This means land and buildings. They are not movables.

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personal property

This is movable property. It can includes animals. It means clothes, furniture etc…

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proprietary right/interest

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personal right/interest

These are rights relevant to one person rather than to the real property. So an individual has a right to a property but this right will not survive the individual.  It does not relate to the estate so much as to the individual.

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trust

Here a trustee agrees to manage property for the benefit of a beneficiary.  It is sometimes to hide land ownership.

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trustee

This person manages the trust estate.

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settlor

The settlor owns the trust property originally and he sets up the trust for the benefit of the beneficiaries. Usually this is a a man setting it up for his descendants. He is sometimes called the trustor or grantor or donor.

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beneficiary and beneficial interest

A beneficial interest is a right than someone has arising from a contract with another. The beneificary os the one gaining from it.

beneficial interert is a right of value in property that one does not own. This is different from beung a trustee or s full legal owner.

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settleement

This can be the creation of a trust by a deed to keep the legal estate in the same family for centuries.

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legal right – and when it is binding on third parties

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equity

This is a system of justice that is outside the legal rules. This is about fairness and conscionability.  There are 12 equitable maxims.

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equitable right / interest. and when it is binding on third parties

This is an interest that is held by equity and not by legal title but can sometimes allow the holder to later claim full legal title. If an equitable right is violated the holder can then obtain an equitable remedy.

equitable right that is not conveyed properly may still be valid due to Walsh v Lonsdale

”equity looks on as done that which ought to be done.”

Law of Property Miscellaneous Provisions Act 1989. All sales must be in writing. Equity cannot overcome this.

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estate in possession

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estate in reversion

This is an equitable interest. It is a future thing. It will revert to you later. It is not ownership nor possession.

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estate in remainder

This is a right that someone has that will become effective later at the termination of a current estate. As in it could be that you willi inherit something when someone dies.

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registered title

This is title to land that has been registered since the 1925 Land Registration Act.

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unregistered title

This is land that has not had the title registered. This is only about 12% of land. It has not been sold since 1925.

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Dreams of the past two nights

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I dreamt I was in St Albans near the abbey. But in the dream it was much more built up than in reality. There was no green sward sweeping down to the Ver. The buildings were higgledy piggledy. It was a cloudy day but my spirits were sunny.

I walked around. I stood outside a church and met some middle-aged people. Some had children. I spoke to them.

I walked around a graveyard. The graves were untidy and almost on top of each other. There were many roots breaking the soil. The land was uneven. There was no info on the headstones. It made me think how soon people are forgotten and their graves untended. I have been thinking of mortality a lot and not to waste time. I reflect on this because an old woman I know is ill

I met a rabbi. He was a tall and slim man with a brown beard. But for his kippa he did not dress like a rabbi. He was chatty and personable.

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Last night I dreamt of a ticket to Azerbaijan. I do not wish to go back. the departure date was 15 which oddly was the date of my arrival. Well not oddly – figures. There is an Azeri in this house. I was anguished about it. Should I go? i could not make out the ticket at first – the words on it were blurred and faint. I was in Heathrow Airport in a fairly modern terminal.

 

Thsi reflects my anxiety here. I am unsure whether I am coming or going.

Moscow dreams

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I have had unpleasant dreams in Moscow. I am in a tricky situation here with a difficult family but the lolly is good.

Anyhow, the night before last it was all anxiety. The mum had been vituperative towards me. I cannot remember the precise nature of my dream.  I sleep but fitfaully – worrying I will oversleep as I did the first morning when I idioticallty did not think to set an alarm.

 

I have difficulty getting to sleep. Maybe not enough exercise causes this. Plus I kip in the day after dropping the wains off at school.

 

 Anyhow, last night there was some dream about a military exercise. Maybe cause on TV I had seen a clip about the Russian Army and them in battle dress looking very tough. In this dream there were explosions going off and jets of flame shooting out along a grassy hillside. It was frightening.

 

 Later I went to the p;ice station to say my debit card had been stolen. They gave me back several of mine in a plastic folder that had been stoeln. I saw a moustahcioed Indina grinning. This may allude to seeing a documanety about Gypsoes in London snatchign debit cards at cash points

I have been worried about sing my debit card here because there may be fraud etc…

 

I wake up thinking someone has knocked on the door. How do I mix up my auditory nerve and my imagination? \

 

I am not too stressed. I have had far more difficult jobs with large and unruly classes of teenagers insulating me. Being insulted by a millionairess is easier to take than ritual public humiliation at the hands of spotty faced adolsecent ignoramuses who have achieved nothing and could never get my job when they grow up.

A dream of a 4 year old

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I was in a railway station in India. I was speaking to an affable elderly Indian man with glasses. There were not too many people around the hot and dusty station. It was daytime. Then I saw a four year old Indian boy. He had a fairly dark complexion. He ran around the station wildly but whooping with glee. I was entranced by him. He was a very lovable child. He caused some disturbance but without malice. I followed him. He was dressed in tattered white T shirts and shorts – badly stained. Then I became afraid for him as he ran onto the railway lines. I was frightened he would be hit by a train. I chased after him to persuade him to get off. I cannot remember how it ended – not disastrously. 

Later I realised that this child represents my own and my wish to see him. I fear for him at times. 

Indians are connected to Romania through the Gypsies.