Proprietary Rights In Land Law

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Proprietary rights in land law can be classed as either estates or interests. For the purpose of this paper, the focus will be on (legal) interests. “An interest is generally a right that one person enjoys over land belonging to someone else.” Most interests or rights in land are given upon acquisition of the property and are taken away once the property is no longer in that individuals possession. Section 1 of the Law of Property Act 1925 contains a list of all proprietary rights which are considered legal, any which are not included are considered to be equitable interests. A legal interest in land is governed under Section 1(2) of the Law of Property Act 1925, and is defined as a “right which a person has over another’s land. The referred…show more content…
It is still possible for interests which do not fall under this provision of the Act to be legal. “A right will be ‘legal’ if it is created with proper formality, which usually means by deed.” Some may also have to be “registered under the Land Registration Act 2002 in order to achieve ‘legal’ status.” Once the owner of the property has acquired his proprietary rights, they will be enforceable against 3rd parties as well as non-owners are able to have proprietary rights in that land (through a lease). In the abscene of following the correct formalities, it is possible for proprietary interests to be acquisitioned through the process of promissory estoppel. It may be argued that the worrying trend in land law can can be observed through several points: promissory estoppel, the Land Registration Act 2002, the Land Chargest Act 1972, co-ownership, overreaching, leases, overriding interests and easements. With these points in mind, this paper will demonstrate whether or not there is a worrying trend in modern land law. This is towards the acquisition of proprietary rights in land without the proper formalities being observed, to the disadvantage of those with legal interests in the…show more content…
Due to this the plaintiff would gain an interest in land, and the owner does not act in any way to change this belief. The fact that, the owner of the property is allowed to sit by and not communicate his intention, is unfair as this can lead the claimant to believe that he will acquire proprietary rights in the land when this is not the case (Scottish and Newcastle Plc v Lancashire Mortgage Corp Ltd (2007)). It may also lead to pointless cases appearing in court, these would in turn waste time and money. This must lead the claimant to believe that they will have an interest in the land. For this reason, it is therefore apparent that individuals with legal rights in land may be disadvantaged, if the proper formalities are not

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