Daily Archives: February 2, 2015

How to solve the Falklands dispute.

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This is a tongue in cheek post. The United Kingdom should offer Mrs Fernanda Kirchner the chance to resolve this disagreement. The Argentine Republic would be offered a sum of money to renounce all its claims and sign this document.

”We the people and the President of Argentina do abjure, forswear and forever irrevocably reject any claim to any right over the Falklands Islands (know in the Spanish language as Las Malvinas). The entire Argentine people further recognises that British sovereignty of these islands mentioned herein-before is indefeasible and entirely legitimate. The British title to the Falklands is legally sound, based on history, internationally recognised, upheld by numerous elections as the settled, unanimous will of the inhabitants of the Falklands and in accordance with natural justice. The People of Argentina further do humbly and most unreservedly apologise for the dastardly act of unprovoked aggression whereby the Argentine armed forces launched an attack on the Falklands in 1982. The Argentine Republic also abjectly apologises for long denying the moral and legal inassailability of the British position in the Falklands. The Argentine people solemnly vow to never again assert any claim to usurp this rightful possession of Her Britannic Majesty and her heirs and successors. The Falklands and all aits and seas unto it appertaining are the sole and meet territory of Her Gracious Majesty Elizabeth of that name the second. Allodial title thereto is the rightful possession of the British Crown and shall always so remain. The Argentine people plead for forgiveness for their many transgressions towards the British Nation with regard to the Falklands. The people of Argentine recognise that the infamous attack on the Falklands was launched in a cynical and cataclysmic attempt to distract attention from Argentina’s failure to develop political and economic institutions worth the name which is why ARgentina would be immensely richer and freer as a British colony.”

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Self assessment questions. Page 47. Law of property

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1. Which third party bind a first registered proprietor?

These will be legal rights thhat were registered. If it is an overriding interes it will be binding. If it is a registravle disposition made for a valuable consideraiton then it will be binding even if it is not overriding.

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2. Why are interests which override a danger for the purchaser of a registered title?

Because he may not know about them but they are still legally enforceable aganst him. They can reduce the value of his land/

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3. What are minor interests now called? Give examples and explain how they appear on the register?

They are now called protected registered interests,

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4. Which events trigger compulsory registration of title?

Purchase of unregistered title. Grant oof a lease of over 7 years or over 7 years left.

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Why would a person choose to register title to his land voluntarily?

So it could not be taken by squatters. To increase the market value. To make it easier to sell. To keep trusts hidden. So people would know he ownned it.

Activity 3.4 Page 45

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From your reading draw up a table for the follwing grades of title t freehold and leasehold land that may be registered and fil n the details where each fthem appplies and which third party interests bind the registered proprietor of each.

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absolute freehold – this is the best class of title and the one most frequently granted. This is when it is registered land. It is a legal right and there are no oothet interests in this land.

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possessory freehold – this is when the land registyr is not sure about the seller’s title.

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qualified freehold – this is title subject to a major defect. If that is cleared up then it can be upgraded to absolute freehold. Often there is a trust and the trustess are obliged to pay profits to the beneficiraies of the trust.

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absolute leasehold – it is guaranteed by the land registry.

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possessory leasehold – this is where someone has acquired the land by adverse pssession or the landholder cannot prove title. Tis person may be receiving rents and profits and get possessry title that way.

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qualified leasehold – this is very rare. It is when there is a defect in the register relaiton to this land.

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Good leasehold. – this is where someone has applied to register a lease but the land is not registered. The title of the leaseholder is sound but not the freeholder.

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Self assessment questions. Page 44. Law of property

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1. What are the key changes introduced by the Land Registration Act 2002?

The new Land Registration act bring in more triggers to require registration of land. Stricts settlements are now abolished. Overriding interest are called interests that override. A Trust for sale is now a trust of land. The aim is also to make sure that all land is registered in the next few decades.

Any purcahse now leads to reggistration. A lease of over 7 years requires registration as does the sale of a lease wiith over 7 years left. The sale of fee simple requires registration. Electronic conveyancing has been introduced. AThe act of regstration transfers the title. There is title by registration.

Registered land is now very hard to acuire by adverse possession.A squatter needs to occupy it for 10 years and then apply. In the next 2 years a landowner can assert his right and move off the squatter.

There iis a new adjudicator to handle disputes.

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2. How has the 2002 act changed interests that override?

This act has reduced their  number. First regiistration has been introduced. This is an administrative act. This records the title thaat is already held through unregistered conveyancing.

These interests in unregistered land survive this process.

Someone seeking first registration or subsequent registration must declare any interest that he is aware of other having in the said land.

Those rights which are overriding on the first registration are sometimes lost on subsequent registration.

Rights of an advserse possessor only override if supported by actual occupation.

Rights of a person reiivn rents and profits are no longer protected.

legal leases are protected if they have under 7 years left. Leases for over  years are registrae

Leases between 3 and 7 yers can be protcted by noice t hsi sually happens in a commerical context. There is no need too because they are overriding interets so long as they are legal.

Granted only applies to legal leases.

Legal easmens override but equitable leases do not. Celstell v Alston has been overtutned.

an expressly grnated egal easmenet can only get this stats through regsurationerride are only those that are legal and arise through impliaction or prescription.

These legale samanets also nooee dto be known to the buyer or would have bene known to him f he had carried out a careful inspection.

Legal essaments that vo

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3. What is the difference between interests that override a first registration and interests which override a subsequent transfer of the land? Why is there a difference?

The overriding the first registration is an administrative act. This does not confirm these as rights. The second registration either  confirms or removes these interests.

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4. Where registered land is transferred, when will a right protected by actual occupation lose its overriding status?

Itt will be protected when it is the right over an adverse possessor who supports this by actuual occupation and has been there over 12 years. Or Lgeal leases of betwee 3 and 7 years, Legal easements override. These easaments must have been known to the buyer or ought to have been known if he had made a failrt careful inspecion of the land.

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5. What would be the advantages of abolishing overriding interests/ interests which override altogether?

It would simpify matters. It would make studying land law much easier. There would be feewer disputes. A purchaser would knwo what he is getting. People would not have rights over thers land. The valuue of land would increase.

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