By Roger J. Smith
Roger Smith’s Introduction to Land Law offers a simple account of the legislations and its results, giving a transparent and obtainable clarification of thoughts scholars usually locate tough to know. It illuminates the attention-grabbing and thought-provoking matters stemming from land law.
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For example, Ivy might for £35,000 give an option to Jake whereby he can buy Ivy’s house for £200,000 within the next six months. This means that Jake has a choice whether or not to buy the house. If it is worth more than £200,000, then it makes sense for him to buy. Should the value fall to, say, £175,000 then it would not make financial sense for Jake to buy – though he would lose the £35,000 he has paid. It should be stressed that Ivy has no right to force Jake to buy: this is what distinguishes an option from a normal sale agreement.
Though some of these issues had been dealt with by the 1925 legislation, TLATA introduces much more comprehensive rules. It provides the focus of Chapter 12. ● Leasehold estates ● Registration of title In the modern law, the great majority (over 90 per cent) of houses and other plots of land are registered. This means that there is a register that identifies the relevant plot of land and who owns it. The system is not yet universal, but that may be achieved within the next decade. Registration makes it much easier to buy and sell land.
Suppose a farmer, Giles, owns a farm on which there is a cottage. Giles sells the cottage to Hayley, but keeps the farm. The cottage is located 50 metres from a road which marks the farm boundary; there is a track leading from the road to the cottage and the more distant parts of the farm. It is obvious that Hayley will need access over that track in order to get to the cottage. That right of access is the right of way. 1). As an interest in land, it may bind future purchasers from Giles. One particular feature of easements is that they always benefit one plot of land (the benefited land: the cottage) but burden another (the burdened land: the farm).