Criminal Law Coursework

Fixtures & Chattels: Customary Law in Colonial Africa

Improves the land - fixture

Is the object fixed? - degree

If answer is no(chattel) ; is it part of a grand design?

If yes its a fixture : D. EYNCART V GREGON

If answer is yes

Why?

To improve land : fixture

To enhance object?

Chattel: BB V BOHAN

Plants and trees growing on land are part of the land

ESTATES TENURE & INTERESTS

Estate: a slice of time in the land " professor Gray"

1) Free hold estate

2)Lease hold estate

Difference between estate and interest: interest is right over someone elses land

MORTGAGES 

LAND LORDS RIGHT OF RE- ENTRY: if you default in rent or any of the terms of the lease are broken, the land lord has the right to get a court other to re- possess the land.

EASEMENTS

EQUITY: body of rules of law put in place by the court of chancery 

TRUST: holding land on trust for the beneficiary

PROPRIETARY RIGHT:  right over land that binds at least two people. Eg. an easement.( it binds a new owner)

PERSONAL RIGHT:

LEGAL ESTATE &LEGAL INTERESTS

You need a deed s. 52 

SI. LAW OF PROPERTY(MISCELLANEOUS PROVISIONS ACT 1989)

Must be a document

Writing must be clear 

Must be executed as the deed ; it must be assigned and witnessed

Must be delivered: handed in with the intention that its going to be binding

REQUIREMENTS OF A VALIN CONTRACT S2. LAW OF PROPERTY (MISCELLANEOUS PROVISIONS ACT 1989)

Has to be in writing

Signed and witnessed  by both the buyer and the seller

HOW IS AN EQUITABLE INTEREST CREATED?

You need contract or some writing that contains the term and must be signed by the parties. (S2) 

IS A LICENSE BEING CAPABLE OF BEING A LEGAL RIGHT IN LAND?

It is not because its not in s1(1)( lease hold and freehold)

Tenancy is another word for a lease

Periodic tenancy is capable of being a legal right because its a legal lease.

LPA (1925)

S1(1) 2 legal estates

S1(2) 5 legal interests

S1(3) all else is equitable

DOCTRINE OF NOTICE

This...