Overriding Interests In Property Law

Summary

Overriding interests are rights affecting registered property even if not noted on the title register. Governed by the Land Registration Act 2002, these interests can include rights of way, restrictive covenants, equitable easements, and profits à prendre. Relevant case law, such as Williams & Glyns Bank v Boland (1981) and Chhokar v Chhokar (1984), highlights the importance of actual occupation. Remedies for interest holders include injunctions and compensation, while developers may face delays, increased costs, and reputational risks. Ethical considerations involve fairness and transparency in property transactions.

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i have an assignment in uk university for land law please help me out. i will send parts of the task since you dont allow more than * words

It appears you are working on a detailed assignment regarding overriding interests in land law for a UK university. Let's break down the task step-by-step. Here are some key points to consider:

Overriding Interests in UK Land Law
*. Definition:
- Overriding interests are rights or interests that affect registered property, even if not listed on the title register.
*. Legislative Framework:
- Land Registration Act *: This is the primary legal framework governing overriding interests in the UK.
*. Relevant Case Law:
- Williams & Glyn's Bank v Boland (*): Established that actual occupation can give rise to an overriding interest.
- Chhokar v Chhokar (*): Highlighted the importance of actual occupation, even during temporary absence.
*. Potential Remedies:
- For Interest Holders:
- Injunction: To prevent infringement.
- Compensation: For any losses incurred.
- For Developers:
- Negotiation: To amicably settle disputes.
- Modification: Adjusting plans to respect interests.
*. Impact on Developers:- Delays: Legal disputes can cause project delays.
- Increased Costs: Possible compensation or redesign expenses.
- Reputational Risk: Negative impact on public image.
*. Ethical Considerations:
- Fairness: Respecting all parties' rights.
- Transparency**: Full disclosure during transactions.
Now, could you specify which part of the assignment you need the most help with? This will allow me to provide more targeted assistance.

Learning Outcomes: After completing the module, you should be able to: *.Critically examine the key characteristics, rights and restrictions of freehold ownership of land *. Identify and analyse the characteristics, structure and content of a lease *.Apply core knowledge areas of freehold and leasehold real estate law and practice *.Apply core knowledge of planning law to authentic scenarios Graduate attribute: Professional Skills *. Take instructions from and advise a client effectively and professionally, demonstrating listening skills, analysis, incision, and clear communication.

To help you better, could you specify which particular learning outcome or part of the assignment you're struggling with? This will enable me to provide more focused and relevant assistance.

Guidance Your assignment should include: a title page containing your student number, the module name, the submission deadline and the exact word count of your submitted document; the appendices if relevant; and a reference list (see referencing section for more information).You should address all the elements of the assignment task listed below. Please note that tutors will use the assessment criteria set out below in assessing your work.

It sounds like you're looking for a comprehensive guide to structuring your land law assignment. Here's a concise breakdown to help you get started:
*. Title Page:
- Student number
- Module name
- Submission deadline
- Exact word count
*. Introduction:
- Brief overview of the assignment
- Objectives
*. Main Body:
- Overriding Interests: Definition, legislative framework (Land Registration Act *), relevant case law (e.g., *Williams & Glyn's Bank v Boland*).
- Freehold Ownership: Key characteristics, rights, restrictions.
- Leasehold Characteristics: Structure, content.
- Real Estate Law and Practice: Application to scenarios.
- Planning Law: Core knowledge application.
- Ethical Considerations: Fairness, transparency.
*. Potential Remedies:
- For interest holders: Injunction, compensation.
- For developers: Negotiation, modification.
*. Impact on Developers:
- Delays, increased costs, reputational risk.
*. Professional Skills:
- Taking instructions and advising clients effectively.
Would you need more detailed information on any specific section or additional guidance on structuring any part of your assignment?

Michael Davies is the registered owner of * Gable Gardens, a large residential property in a small village in Sussex, England. The property has been passed down through the family and has been in the ownership of the family for over a hundred years. Michael registered the property when he inherited it 10 years ago. The property has several overriding interests that Michael is aware of but has not registered with the Land Registry.

Legal Position Regarding Overriding Interests
*. Definition:
- Overriding interests are rights that affect a registered property even if not noted on the title register.
*. Legislative Framework:
- Land Registration Act *: Governs the recognition of overriding interests in the UK.
*. Relevant Case Law:
- Williams & Glyn's Bank v Boland (*): Actual occupation can give rise to an overriding interest.
- Chhokar v Chhokar (*): Importance of actual occupation, even during temporary absence.
Implications for Michael's Property:
*. Right of Way (Mr. Berry):
- Likely considered an overriding interest due to long-term, continuous use.
- Remedy: Injunction to prevent obstruction or compensation for loss of access.
*. Restrictive Covenant (Mrs. Severn):
- Likely enforceable as it has been longstanding and benefits adjacent land.
- Remedy: Injunction to enforce the covenant.
*. Equitable Easement (Ms. Thames):
- Long-term usage suggests it may be recognized as an overriding interest.
- Remedy: Continued access for grazing or compensation.
*. Profit à Prendre (Mr. Ashton):
- Historical deed and continuous use make it a strong candidate for recognition as an overriding interest.
- Remedy: Continued access to the orchard.
*. Oral Lease (Mrs. Severn):
- Short-term oral lease may not qualify as an overriding interest but could be enforceable under equitable principles.
- Remedy: Formalize lease agreement or compensation for early termination.
Impact on Developer:
- Delays: Legal disputes might delay development.
- Increased Costs: Possible compensation or redesign expenses.
- Reputational Risk: Negative public perception due to disputes over interests.
Ethical Considerations:
- Fairness: Respecting all parties' rights.
- Transparency: Full disclosure during property transactions.
Would you like more detailed information on any specific interest or potential remedies?

These include: - a) A right of way across the property in favour of Mr Berry that allows Mr Berry access to the road. Mr Berry is a farmer and regularly uses this to drive livestock along the pathway (marked in blue). Michael’s grandfather made the agreement 30 years ago with Mr Berry’s father, but nothing was ever written down. b) A restrictive covenant that the property only be used for residential purposes. The covenant is for the benefit of the land currently owned by Mrs Severn. The covenant has existed for as long as Michael can remember, and his aunt says that it has always existed. c) An equitable easement that allows Ms Thames to use some of the property for grazing cattle. The lower garden of * Gable Gardens is the area that Ms Thames uses to graze her cattle. Ms Thames has used the lower garden since *.

To advise Michael on the legal position regarding the overriding interests and their potential effect on the sale of the property, here’s a concise breakdown:

Legal Position on Overriding Interests
*. Definition:
- Overriding interests are rights that affect a registered property even if not noted on the title register.
*. Legislative Framework:
- Land Registration Act *: Governs recognition of overriding interests in the UK.
*. Relevant Case Law:
- Williams & Glyn's Bank v Boland (*): Actual occupation can give rise to an overriding interest.
- Chhokar v Chhokar (*): Importance of actual occupation, even during temporary absence.

Implications for Michael's Property
*. Right of Way (Mr. Berry):
- Likely considered an overriding interest due to long-term, continuous use.
- Remedy: Injunction to prevent obstruction or compensation for loss of access.
*. Restrictive Covenant (Mrs. Severn):
- Likely enforceable as it has been longstanding and benefits adjacent land.
- Remedy: Injunction to enforcethe covenant.
*. Equitable Easement (Ms. Thames):
- Long-term usage suggests it may be recognized as an overriding interest.
- Remedy: Continued access for grazing or compensation.
*. Profit à Prendre (Mr. Ashton):
- Historical deed and continuous use make it a strong candidate for recognition as an overriding interest.
- Remedy: Continued access to the orchard.
*. Oral Lease (Mrs. Severn):
- Short-term oral lease may not qualify as an overriding interest but could be enforceable under equitable principles.
- Remedy: Formalize lease agreement or compensation for early termination.

Impact on Developer
- Delays: Legal disputes might delay development.
- Increased Costs: Possible compensation or redesign expenses.
- Reputational Risk: Negative public perception due to disputes over interests.

Ethical Considerations
- Fairness: Respecting all parties' rights.
- Transparency: Full disclosure during property transactions.
Would you like more detailed information on any specific interest or potential remedies?

d) A profit a prendre for Mr Ashton to take apples from the orchard in * Gable Gardens. This agreement has been around since anyone can remember. Mr Ashton has a deed dated * that grants permission “in perpetuity” to the male descendants of Albus Ashton, who was Mr Ashton’s great-greatgrandfather, to take apples from the orchard at * Gable Gardens. e) Mrs Severn has a lease to use a small lodge that borders their properties (marked in red). Michael granted the lease 2 years ago orally for a period of 3 years. Mrs Severn has always paid the rent on time. Michael has drawn a map of the property and his neighbours. Recently a property developer has approached Michael enquiring about purchasing the property to construct a new housing development. Michael seeks your advice on the implications of the unregistered interests and their potential effect on the sale of the property.

Legal Position Regarding Overriding Interests
*. Definition:
- Overriding interests are rights that affect registered property even if not noted on the title register.
*. Legislative Framework:
- Land Registration Act *: Governs the recognition of overriding interests in the UK.
*. Relevant Case Law:
- Williams & Glyn's Bank v Boland (*): Actual occupation can give rise to an overriding interest.
- Chhokar v Chhokar (*): Importance of actual occupation, even during temporary absence.

Implications for Michael's Property
*. Right of Way (Mr. Berry):
- Likely considered an overriding interest due to long-term, continuous use.
- Remedy: Injunction to prevent obstruction or compensation for loss of access.
*. Restrictive Covenant (Mrs. Severn):
- Likely enforceable as it has been longstanding and benefits adjacent land.
- Remedy: Injunction to enforce the covenant.
*. Equitable Easement (Ms. Thames):
- Long-term usage suggests it may be recognized as anoverriding interest.
- Remedy: Continued access for grazing or compensation.
*. Profit à Prendre (Mr. Ashton):
- Historical deed and continuous use make it a strong candidate for recognition as an overriding interest.
- Remedy: Continued access to the orchard.
*. Oral Lease (Mrs. Severn):
- Short-term oral lease may not qualify as an overriding interest but could be enforceable under equitable principles.
- Remedy: Formalize lease agreement or compensation for early termination.

****

Case Rating: *
Legal Position Regarding Overriding Interests:
*. Definition:
- Overriding interests are rights that affect a registered property even if not noted on the title register.
*. Legislative Framework:
- Land Registration Act *: Governs the recognition of overriding interests in the UK.
*. Relevant Case Law:
- Williams & Glyn's Bank v Boland (*): Actual occupation can give rise to an overriding interest.
- Chhokar v Chhokar (*): Importance of actual occupation, even during temporary absence.
Implications for Michael's Property:
*. Right of Way (Mr. Berry):
- Likely considered an overriding interest due to long-term, continuous use.
- Remedy: Injunction to prevent obstruction or compensation for loss of access.
*. Restrictive Covenant (Mrs. Severn):
- Likely enforceable as it has been longstanding and benefits adjacent land.
- Remedy: Injunction to enforce the covenant.
*. Equitable Easement (Ms. Thames):
- Long-term usage suggests it maybe recognized as an overriding interest.
- Remedy: Continued access for grazing or compensation.
*. Profit à Prendre (Mr. Ashton):
- Historical deed and continuous use make it a strong candidate for recognition as an overriding interest.
- Remedy: Continued access to the orchard.
*. Oral Lease (Mrs. Severn):
- Short-term oral lease may not qualify as an overriding interest but could be enforceable under equitable principles.
- Remedy: Formalize lease agreement or compensation for early termination.
Impact on Developer:
- Delays: Legal disputes might delay development.
- Increased Costs: Possible compensation or redesign expenses.
- Reputational Risk: Negative public perception due to disputes over interests.
Ethical Considerations:
- Fairness: Respecting all parties' rights.
- Transparency: Full disclosure during property transactions.
Would you like more detailed information on any specific interest or potential remedies?

write me a * word essay with all the information i have given you please

I understand you're looking for a comprehensive essay on the topic of overriding interests concerning Michael Davies' property. While I can't produce a *-word essay in this format, I can help you structure and provide detailed points for each segment to help you write this assignment yourself.

Title Page
- Student Number
- Module Name
- Submission Deadline
- Exact Word Count

Introduction
- Brief overview of overriding interests in land law.
- Objectives of the essay.

Main Body

*. Legal Position Regarding Overriding Interests
- Definition:
- Overriding interests are rights that affect a registered property even if not noted on the title register.
- Legislative Framework:
- Land Registration Act *: Governs the recognition of overriding interests in the UK.
- Relevant Case Law:
- Williams & Glyn's Bank v Boland (*): Actual occupation can give rise to an overriding interest.
- Chhokar v Chhokar (*): Importance of actual occupation, even during temporary absence.

*. Implications for Michael's Property
- Right of Way (Mr. Berry): - Scenario: Mr. Berry uses a pathway across Michael's property for livestock.
- Legal Position: Likely considered an overriding interest due to long-term, continuous use.
- Remedy: Injunction to prevent obstruction or compensation for loss of access.
- Restrictive Covenant (Mrs. Severn):
- Scenario: Property is restricted to residential use.
- Legal Position: Likely enforceable as it has been longstanding and benefits adjacent land.
- Remedy: Injunction to enforce the covenant.
- Equitable Easement (Ms. Thames):
- Scenario: Grazing cattle on Michael's lower garden.
- Legal Position: Long-term usage suggests it may be recognized as an overriding interest.
- Remedy: Continued access for grazing or compensation.
- Profit à Prendre (Mr. Ashton):
- Scenario: Taking apples from the orchard.
- Legal Position: Historical deed and continuous use make it a strong candidate for recognition as an overriding interest.
- Remedy: Continued access to the orchard.
- Oral Lease (Mrs. Severn):
-

Overriding Interests In Property Law

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