LAND LAW Coursework Example | Topics and Well Written Essays - 1000 words

LAND LAW - Coursework Example berth law declares what society regards as property, it creates or constitutes property rights, defines the legal incidence of those rights i.e. their content, regulates the dynamics of property rights and prescribes the conditions for the approachability of the rights.1 Property in estate of the realm The legal conception of earthly concern under English Common law of nature is expressed in the maxim. Cujus est solum, ejus est usque ad coelum et ad inferos. Land embraces not just the physical straturm yet fixtures, irrigate and all things found in the aerospace above the geospace. Kelsen v Imperial Tobacco Co. 1957 2 Q.B 334.2 In the geek before us there are two main issues to be determined in this scenario. head start matter is erected surround which was make by Terri Staines thatleads to the front of the garage which partially divides off the property from that of lee Vowles. And the other one is the fence which is going to be erected by Lee Vowle. The suit scenario indicates that the issues are move of a dispute which has begun due to an undetermined boundary. In the precedent of ACCO Properties Ltd v Severn & Anor 2011 EWHC 1362(Ch) Simon Barker QJ set come out the principles on determining boundary lines in Paragraph 11. Starting from the registered claim plan, it only indicates the general boundary3, and there is no physical boundary4. Given that it does not bring any lucidity then the extrinsic trial impression should be taken into account which was existed on the land when the partitioning conveyance was executed. There was a low-spirited cobbled5 area about equidistant between the two properties unfortunately the cobbled area was removed before the exchange to the predecessor of Terri. This indication is not sufficient to determine the boundary. And again it is mentioned that the land was sold to the predecessors in the title of Lee and Terri, and registered with the local land registry, Land Registrat ion Act2002 (LRA). In bold property in land means the exclusive control of the soil everything up to the sky and down to centre of the earth. In that case every interest in land is registered and operated under a particular statute. To exemplify, registration is mainly done to minimize the friction in the society through granting ownership to particular person(s), creating various interest oer land (lease hold & freehold) as well as conveyancy.6 Therefore, this applies to Terri Staines, and Lee Vowles who derivatively acquired their ownership of title from the original predecessors in voluntary sale.7 In contrast, Thorpe Ltd acquired his/her ownership by asserting original claim on derelict land which had not been own by anyone.8 However, the degree of control or of enjoyment an individual or fraternity may have over land varies with the nature of the rights vested. Terri Staines verses Lee Vowles land and Thorpe Ltd. This Case translates to (Trespass to land) Lee complains that Te rri erected his fence encroaching into his /her land in 1996. Besides, whenever Terri Stainess friends and relatives pay him a visit they often park their cars partially across his/her driveway which means there is difficulty reversing the car out on Lee Vowless part. This proves that Lees right of possession and enjoyment of his/her property has been disturbed or interfered with Res ipsa loquitor.9 The some obvious example is unauthorized walking upon the plaintiffs land or going into the buildings upon it, but it is equally trespass to throw things on