LAND LAW 1

Land Law

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LAND LAW 2

Land Law

Jake purchases a Freehold of Staffordshire Lodge from one Major Payne who is the sole

proprietor of the property as registered. Some particular attractions that moved him to purchasing

the property were the Oak paneling found in the dining room, the suit of 16th century armor

standing in the corner, an extensive garden with stone benches, a Greek statute standing on a

concrete base, and the nice lights fixed at the back of the house that lit up the patio. The

kitchen’s well appointment due to its several equipment and machinery was also a major

attraction to Jake since he intended to operate a catering business from the property1.

However, Jake experiences some huddles after purchasing the property that hinder him

from fully enjoying its benefits. This begins from the 80 years old man, who is also his neighbor,

who has been using his garden as a shortcut to the local village market ever since he was a small

boy. In addition, another neighbor called Louise knocks at his door with a notice about an

agreement made between Major Payne and herself barring anyone from conducting any business

at the property, both predecessors and successors. Finally, he confronts Moira, Major Payne’s

sister, who arrives at his door with her bags and forcefully enters the house refusing to leave

claiming that she paid deposits from her savings on the house while it was her brother’s2.

These circumstances confront Jake, as he has to deal with third party interests on his

newly acquired property. These third parties include Louise, the 80 years old man and Moira.

These three face different consequences depending on whether the property falls under registered

or unregistered property. Under a registered property contract, the proprietor and in this case

1
Bouckaert, B., Property Law and Economics, Cheltenham, Elgar Publishing, 2012,

p.107.

2
McFariane, B., Hopkins, N., & Hield, S., Land Laws: Texts, Cases, and Materials, Oxford,
Oxford University Press, 2012, p.1190.
LAND LAW 3

Jake can make a disposition of any kind permitted in the general law. However, under an

unregistered property contract, all legal interests and estates on the land become automatically

binding on the property3. Therefore, Jake has to consider all the interests of these three persons

on his property, and legally resolve the items moved out of his property, which initially attracted

him to the property thus buying it. He will also consider the financial loss he suffers due to the

delay or failure to take off his catering business due to the missing machinery and equipment

(freezer, dishwasher, cooker and fridge). Moreover, he also has to deal with the existing notice

on his property disqualifying it as a principal place of business, including his catering business.

In a case of registered property, Jake can handle these third party interests in the

following ways. The registered property gives him unlimited power over the property except

where there are restrictions on the entry. Considerations of such restrictions occur in order of

priorities of parties who claim to have an interest on the property. The parties rank in order of

their dates of disposition. A later disposition does not affect an already existing disposition. For

example, Louise had an earlier disposition on the property already therefore; Jake’s disposition

could not override it. However, since Jake bought the property which is registrable at a value

agreed upon by the sole proprietor, his disposition postpones the interests of any other party on

the register4. Therefore, the contract that Louise has is not binding on him because his disposition

has a greater overriding status that is binding on the property. If this were not on the value of the

property, or only on its nominal considerations, then it would not have any effect on the contract

that Louise signed with Major Payne.

3
Dixon, M., Land Law Q & A 4e, London, Cavendish Publishing, 2002, p.25.
4
Chase, Forrester, J P., & Chase, E. E., Property Law: Cases, Materials, and Questions,

Dayton Ohio, LexisNexis, 2010, p. 279.

LAND LAW 4

On the other hand, Jake has powers to stop the 80 years old man from using his property

as a shortcut to the local village market because there is no existing registration on the path

despite the old man using it all his lifetime since he was a young boy. The fact that Major Payne

and other owners to the property allowed him to cross the garden does not validate his claim.

This is illegal and is trespass on Jake’s land and property. Therefore, Jake can stop the old man

from using his garden as a shortcut and can even sue him in case he refuses to abide with these

new conditions. This is due to lack of its registration, thus giving Jake priority over all non-

recorded notices, practices and contracts on his property5.

In the case of Moira, the sister to Major Payne, who arrives with her suitcases and insists

on staying at the property, Jake has powers to evict her as well. This is because Moira is not a

legal owner of the property; she only used it as a residence because her brother owned it. Now

that her brother sold the property to Jake and transferred both possession and ownership legally

to him, Moira has no business at the property. This is despite the fact that she used to pay

deposits from her savings on the house, and for this reason used the kitchen and an ensuite

bedroom. These deposits only gave her rights when her brother owned the property, and now that

all rights transferred to Jake, all these privileges ended. Furthermore, her stay at the psychiatric

hospital sectioned under the Mental Health Aid several months before the sale of the property

relinquished her of all her rights to it. This is because a mentally instable person has no legal

contractual capability. Thus, her rights also died due to her insanity and confinement at a mental

institution. Therefore, Jake has every right to evict her from his property. He can even sue her I

now that she refuses to peacefully vacate the premises6.

5
Duncan, D. W., & Dixon, M. N., The Law of Real Property Mortgages, Annandale

Australia, Federal Press, 2007, P.137.

6
Dixon, M, Principles of Land Law, London, Cavendish Publishing, 2002, p.14.
LAND LAW 5

Third party interest based on unregistered property in this case would not exist. This is

because all interests to the property transfer to Jake on purchase of the property. Unregistered

property means that the title has no registration. However, it has its own registration system that

allows interests such as easement to be registered and therefore protected. This generates

Equity’s Darling principle, which makes the purchaser a bonafide one for the value of the legal

estate without notice of all equitable interests. The 80 years old man has no interest on the

property because he is trespassing on it. He can use another path to the village market without

necessarily having to snake through Jake’s property. To Louise, the agreement she made with

Major Payne is not binding to Jake because he was not party to it. Therefore, he can carry on

with his catering business as planned. As for Moira, Jake needs to evict her from the house since

she lost her contractual capacity when she got insane, and because he is the new owner of the

house thus denying her any ownership rights to the property7.

Finally, Jake has to sue Major Payne for breach of contract of sale8. This is because he

removed all the items that attracted Jake to his property when he wanted to purchase it.

Furthermore, Jake paid for these items inclusive of the costs of purchasing the entire house.

Thus, removal means foul play on the part of Major Payne and Jake can sue him in order for him

to return the items, replace them with identical ones, or refund Jake the value he lost from their

removal. He also has to incur the economic loss Jake suffered due to the lack of machinery and

equipment he lacked from the house that would facilitate his catering business.

7
United Nations, Legislative Guide on Secured Transactions, Washington DC, United

Nations Publications, 2009, p.65.

Mattei, U., Basic Principles of Property Law: Comparative Legal and Economic Introduction,
8

West Port- USA, Greenwood Publishing, 2000, p.7.

LAND LAW 6

Reference List

Dixon, M., Land Law Q & A 4e, London, Cavendish Publishing, 2002, p.25.

Dixon, M, Principles of Land Law, London, Cavendish Publishing, 2002, p.14.

LAND LAW 7

Bouckaert, B., Property Law and Economics, Cheltenham, Elgar Publishing, 2012, p.107.

Chase, Forrester, J P., & Chase, E. E., Property Law: Cases, Materials, and Questions, Dayton

Ohio, LexisNexis, 2010, p. 279.

Mattei, U., Basic Principles of Property Law: Comparative Legal and Economic Introduction,

West Port- USA, Greenwood Publishing, 2000, p.7.

United Nations, Legislative Guide on Secured Transactions, Washington DC, United Nations

Publications, 2009, p.65.

McFariane, B., Hopkins, N., & Hield, S., Land Laws: Texts, Cases, and Materials, Oxford,

Oxford University Press, 2012, p.1190.

Duncan, D. W., & Dixon, M. N., The Law of Real Property Mortgages, Annandale Australia,

Federal Press, 2007, P.137.