StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Inroduction to property law - Essay Example

Cite this document
Summary
There are good grounds to support a claim that may be made for the property on behalf of Derek by utilizing proprietary estoppel., which arises in this case because he very nearly used the proper formality, i.e, the draft deed with shares for 80% in favor of himself and 20% in…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER93.6% of users find it useful
Inroduction to property law
Read Text Preview

Extract of sample "Inroduction to property law"

Download file to see previous pages

legal right to the property could have been rightfully established, however in the absence of this legal claim, his rights must be established through proprietary estoppel. The commonly accepted definition of proprietary estoppel is as provided by Oliver J in the case of Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd2 is that proprietary estoppel may be established in this cases where “it would be unconscionable for a party to be permitted to deny that, which, knowingly or unknowingly, he has allowed or encouraged another to assume to his detriment.

” Therefore, in applying this to the case of Derek, it may be possible to establish that it would be unconscionable for Pam as the legal title holder, to now sell the house and ask Derek to move into an old people’s home to his detriment, when the house was supposed to be a home for all of them, and Derek has been making mortgage payments all the while on the basis of this assumption. Moreover, at the time of purchase of the house, the main objective was not only to provide a home for them but also to enable Derek to be able to take in lodgers so that he could be provided with an income in his old age, which is also the reason why Derek has assumed the primary financial burden in making mortgage payments on the house.

Hence, it would be unconscionable to now expect him to vacate the house and move into an old age home. The objective of proprietary estoppel is to establish interest and proprietary interest in providing a remedy in the event of a property transfer where legal formalities fall just short of what is required3. Proprietary estoppel was invoked in the case of Yaxley and Gotts v Another4 in providing just such a remedy. The issue in this case was the dispute over whether an oral contract did indeed exist between the parties and whether this could provide justification for the issue of a remedy.

However, as pointed out by Justice Robert Walker in his judgment, proprietary estoppel was

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Inroduction to property law Essay Example | Topics and Well Written Essays - 3500 words”, n.d.)
Inroduction to property law Essay Example | Topics and Well Written Essays - 3500 words. Retrieved from https://studentshare.org/miscellaneous/1541831-inroduction-to-property-law
(Inroduction to Property Law Essay Example | Topics and Well Written Essays - 3500 Words)
Inroduction to Property Law Essay Example | Topics and Well Written Essays - 3500 Words. https://studentshare.org/miscellaneous/1541831-inroduction-to-property-law.
“Inroduction to Property Law Essay Example | Topics and Well Written Essays - 3500 Words”, n.d. https://studentshare.org/miscellaneous/1541831-inroduction-to-property-law.
  • Cited: 0 times

CHECK THESE SAMPLES OF Inroduction to property law

The Application of Property Law

property law Name Professor Course Date Introduction A property is defined, as anything owned by an individual or an entity.... The license under property law Property rights are intangible; they cannot be seen or touched.... The sharia or Islamic law has several sources like the Quran, the Sunna and others.... To establish a law one should be able to point at a verse in the Quran, a tradition or Hadith of the prophet Muhammad....
6 Pages (1500 words) Essay

Propery Law in the United Kingdom

Anderson over the propertyAnswer:For us to give an answer to the issues of the question, let us first take an overview of the property law in the United Kingdom where the facts of the question arose.... Though fundamental by nature, the right to property is only a statutory right, which means that the exercise of this right is subject to existing laws of the State where this right is provided.... The exercise of this right was mostly based from common law jurisdictions that were prevalent during the ancient times at the United Kingdom....
9 Pages (2250 words) Case Study

Property Law - Oxley v Hiscock

This analysis is on the Oxley V Hiscock [2004] EWCA Civ 546 case that relates to property law and claims of individuals who cohabit a particular property.... This case shows the extent to which cohabitation could be considered as a condition for equally distributed shares in property being considerably important within property law and analysis of equity and trusts.... Trust law falls under the broader topic of property law and family law and relates to wills, trusts and property that are shared or distributed....
8 Pages (2000 words) Case Study

INTRODUCTION TO THE LAW OF PROPERTY

In law, the word property has been defined as things which are capable of being owned, which need not to be in a tangible form, property has two distinct terms in its definition that is; the things in possession this normally carry the physical characteristics, these things may include land, pens and cars, while the second form is the things in action these is defined as those properties that do not have the physical existence this may include things such as debts, trademarks, shares and other negotiable instruments ....
4 Pages (1000 words) Case Study

Issues of Property Rights According to England Law

This case study solves the "Issues of property rights according to England law".... In relation to Peter, it will be necessary to consider the law in relation to overriding interests, in order to establish whether Peter might have an interest in the property.... It considers the scenario both in the event that the property is an unregistered title and a registered title.... Simon had visited the property before buying and recalled glancing into the outhouse and seeing a man (Adam) working on a lathe....
7 Pages (1750 words) Case Study

Introduction to the law of property

Dominic is currently the owner at law as well as in equity, owing to the lack of any direct conveyance to another or the declaration of a trust.... However, this law is only operable if the money provided by Nigel was not meant as a gift or loan, which may as well be the case here since it was a father daughter deal.... The question concerns interests in land that may arise due to contributions to the purchase price, creation of equitable interests by constructive trusts and whether these interests can prevent a sale or be enforced against the subsequent purchaser in the event of a sale. Nigel… However, the fact that the title was registered in the sole name of Bella bars him from becoming a legal owner of the property, in spite of contributing a major share of the purchase price....
4 Pages (1000 words) Essay

Analysis of Equity and Trust Law Case

"Analysis of Equity and Trust law Case" gives advice for Marcus and David of the rights in respect of the property and any financial provision that Marcus should make to David for the contributions he has made to the property it is necessary to look at the law surrounding cohabiting couples.... hellip; The conclusion that can be drawn from the above is that the courts are likely to insist that Marcus has to compensate David for the amount of money he has paid towards the upkeep of the property....
6 Pages (1500 words) Case Study

Introduction To Property Law

The paper "Introduction to property law" answers on 10 questions concerning property law in the United Kingdom.... The law recognizes five basic categories of affirmative easements: (1) express easements; (2) easements implied from prior existing use; (3) easements by necessity; (4) prescriptive easements; and (5) irrevocable licenses or “easements by estoppels.... d) What is the significance of the DEED in land law transactions?... For example, the covenant against encumbrance's warrants that there are no mortgages, easements, liens or other encumbrances on the property at the time the deed is delivered....
12 Pages (3000 words) Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us