As we have not been given any indication as to how long she plans on staying where does my thesis statement the flat, for this purpose we shall assume that there was an uncertainty in the term. To what extent is it possible to predict the circumstances in which a plea of proprietary estoppel will be successful and the consequences thereof for the person against whom the estoppel operates?
Often, it is pleaded as Essay ID: At common law the benefit of a covenant can run with freehold land if certain conditions are satisfied. About this resource This Law essay was submitted to us by a student in order to help you with your studies.
This means that the covenant must relate to the use or value of the land in the terms of a proprietary obligation. To be able to ascertain whether the burden has passed to Philip, we shall rely on the rules of equity. Patsy and Johnson both used this new facility to record their lectures.
There are different types of licence. Any future covenantee of the land must therefore abide by the terms. Scenario 2 raised the question on the enforceability of the parties to the covenant.
There are UK writers just like me on hand, waiting to help you. Frank arrives and Paula and Paul employ a live-in personal tutor, Matilda. One interpretation would be that in order to answer In this sense, obligations are placed on parties in respect of freehold conveyances which bind partied to To enforce the benefit at common law Sarah will have to satisfy certain conditions to show that the benefit of the covenant has passed to her and she can sue Ned for breach of them.
However the burden of a covenant cannot run with freehold land directly at common law. It says that Johnson is moving abroad, as he really needs to find himself. Land law Year: Thirdly, how to answer land law essay questions successor in the title Sarah must have also acquired a legal estate in the land; which she has through inheritance.
Is the law in this area satisfactory?
Just complete our simple order form and you could have your customised Law work in your email box, in as little as 3 hours. Therefore the land owned by Ned is subject to the burdened of the covenant. There are two types of interest in Land which are Proprietary rights and Personal rights.
Paula and Paul, brother and sister, have recently discovered that their l7 year-old nephew Frank has been orphaned in a road accident and that they are his legal guardians.
On the one hand, and in similar fashion to the related doctrine of promissory estoppel, proprietary estoppel can In the law of At that time, Johnson worked as a lecturer. Sarah can sue Mary for breach of covenant under section 79 1 LPAwhich provides that the covenant can not only be binding on successors in title but that the original covenantor is liable for any breaches by successors in title.