1 Land Law Fundamentals
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This document provides an introduction and overview of key topics and concepts in land law. It discusses why land law is studied and what it encompasses, including the various interests that can exist in the same piece of land. It also outlines the main sources of Hong Kong land law, such as English common law, statutes, and judicial decisions. Additionally, it examines legal concepts like estates, proprietary interests, equity and how it moderates common law, and the statutory definition of "land".
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LAND LAW 1 slides THE NATIONAL LAND CODE Revised 2014
The National Land Code 1965 (NLC) is the main legislation governing land administration in Peninsular Malaysia, excluding Sabah and Sarawak. Key features of the NLC include vesting all land ownership in the state authority, establishing a system of land titling based on indefeasible and conclusive registration, and reversion of alienated land back to the state under certain circumstances. The NLC also implements a caveat system and prohibits adverse possession or acquisition of land without proper alienation and registration. While the NLC does not explicitly provide for equitable principles, general equity can apply to the extent not inconsistent with the NLC.
Ll1 slides revision
This document contains notes on various topics relating to land law in Malaysia. Topic 1 discusses general concepts of land ownership, with the key points being that in Islam, Allah is the absolute owner of land and humans are trustees, and private land ownership is recognized but not absolute. Topic 2 examines land ownership in Islam in more depth, noting that private ownership is conditional on utilizing the land. Methods of acquiring land discussed are iqta' and ihya al mawat.
Topic 3 covers the Malaysian Torrens system. It provides historical background on the Malay customary tenure system and the influence of Islamic law. It then discusses the deeds system introduced by the British in the Straits Settlements and the Torrens system introduced in the
Ll1 slides dealings part 3 easements
An easement is a right over another's land, such as a right of way. It must be created by express grant between proprietors and registered. An unregistered easement gives no rights. Alternatively, if the neighbor refuses a registered easement, one can apply to the Land Administrator for a right of way (LAROW), though the Administrator is reluctant if other access exists. The document discusses these concepts and differences between an easement and LAROW under the National Land Code.
LAND LAW 1 Dealings part 3 easements
Kemala has two options under the National Land Code to gain access to her land - an easement or a Land Administrator's Right of Way (LAROW). An easement requires the consent of the neighboring landowner while a LAROW can be imposed by the Land Administrator if no alternative route exists. However, the Land Administrator is typically reluctant to grant a LAROW if another option is available. Kemala must decide whether paying her neighbor is preferable to an uncertain LAROW application.
LAND LAW 1 slides dealings part 1
The document discusses key provisions and definitions related to dealings and transfers of alienated land under Malaysia's National Land Code (NLC). It covers definitions of dealings, transfers, leases, tenancies exempt from registration (TER), and estate land. It also discusses requirements for instruments, registration, and consent needed for different types of transfers and leases. Case studies are presented to illustrate applications of the NLC provisions.
Ll1 slides dealings part 1
This document discusses dealings under the National Land Code (NLC) of Malaysia, specifically focusing on transfers and leases of alienated land. It defines key terms like "dealings", outlines the relevant divisions and instruments needed to effect various types of dealings according to the NLC. For transfers, it discusses what can be transferred, how to transfer, and the effect of transfers. It also addresses special considerations for transferring estate land. The document then defines leases and tenancies, compares their characteristics, and discusses the power to grant leases and their duration and effects under the NLC.
Land law task 1
Alienation refers to the act of transferring possession of state land from the state authority to another person or body. Under the National Land Code 1965, the state authority can alienate land for up to 99 years by granting ownership rights, subject to payment of land revenue. The key effects of alienated land include the proprietor obtaining a title to the land and secured rights to develop and invest in the land for a long period. However, the proprietor must adhere to any express or implied conditions relating to the permitted land use. Overall, alienation allows the state to dispose of land while providing proprietors certain benefits and long-term security over the land.
LAND LAW 1 Dealings part 2 leases and tenancies 2014
The key differences between Borhan's dealings with Mesra and Haris are:
1. The lease with Mesra is for 5 years and is registered, making it a formal lease agreement under the National Land Code.
2. The agreement with Haris is for 2 years with an option to renew for 1 more year, making it a tenancy exempt from registration under the Code since the term does not exceed 3 years.
3. As a lease, Mesra has security of tenure and its rights will be protected against subsequent dealings. As a tenancy, Haris' rights may not be protected against a new purchaser unless the tenancy is endorsed on the title.
Recommended
LAND LAW 1 slides THE NATIONAL LAND CODE Revised 2014
The National Land Code 1965 (NLC) is the main legislation governing land administration in Peninsular Malaysia, excluding Sabah and Sarawak. Key features of the NLC include vesting all land ownership in the state authority, establishing a system of land titling based on indefeasible and conclusive registration, and reversion of alienated land back to the state under certain circumstances. The NLC also implements a caveat system and prohibits adverse possession or acquisition of land without proper alienation and registration. While the NLC does not explicitly provide for equitable principles, general equity can apply to the extent not inconsistent with the NLC.
Ll1 slides revision
This document contains notes on various topics relating to land law in Malaysia. Topic 1 discusses general concepts of land ownership, with the key points being that in Islam, Allah is the absolute owner of land and humans are trustees, and private land ownership is recognized but not absolute. Topic 2 examines land ownership in Islam in more depth, noting that private ownership is conditional on utilizing the land. Methods of acquiring land discussed are iqta' and ihya al mawat.
Topic 3 covers the Malaysian Torrens system. It provides historical background on the Malay customary tenure system and the influence of Islamic law. It then discusses the deeds system introduced by the British in the Straits Settlements and the Torrens system introduced in the
Ll1 slides dealings part 3 easements
An easement is a right over another's land, such as a right of way. It must be created by express grant between proprietors and registered. An unregistered easement gives no rights. Alternatively, if the neighbor refuses a registered easement, one can apply to the Land Administrator for a right of way (LAROW), though the Administrator is reluctant if other access exists. The document discusses these concepts and differences between an easement and LAROW under the National Land Code.
LAND LAW 1 Dealings part 3 easements
Kemala has two options under the National Land Code to gain access to her land - an easement or a Land Administrator's Right of Way (LAROW). An easement requires the consent of the neighboring landowner while a LAROW can be imposed by the Land Administrator if no alternative route exists. However, the Land Administrator is typically reluctant to grant a LAROW if another option is available. Kemala must decide whether paying her neighbor is preferable to an uncertain LAROW application.
LAND LAW 1 slides dealings part 1
The document discusses key provisions and definitions related to dealings and transfers of alienated land under Malaysia's National Land Code (NLC). It covers definitions of dealings, transfers, leases, tenancies exempt from registration (TER), and estate land. It also discusses requirements for instruments, registration, and consent needed for different types of transfers and leases. Case studies are presented to illustrate applications of the NLC provisions.
Ll1 slides dealings part 1
This document discusses dealings under the National Land Code (NLC) of Malaysia, specifically focusing on transfers and leases of alienated land. It defines key terms like "dealings", outlines the relevant divisions and instruments needed to effect various types of dealings according to the NLC. For transfers, it discusses what can be transferred, how to transfer, and the effect of transfers. It also addresses special considerations for transferring estate land. The document then defines leases and tenancies, compares their characteristics, and discusses the power to grant leases and their duration and effects under the NLC.
Land law task 1
Alienation refers to the act of transferring possession of state land from the state authority to another person or body. Under the National Land Code 1965, the state authority can alienate land for up to 99 years by granting ownership rights, subject to payment of land revenue. The key effects of alienated land include the proprietor obtaining a title to the land and secured rights to develop and invest in the land for a long period. However, the proprietor must adhere to any express or implied conditions relating to the permitted land use. Overall, alienation allows the state to dispose of land while providing proprietors certain benefits and long-term security over the land.
LAND LAW 1 Dealings part 2 leases and tenancies 2014
The key differences between Borhan's dealings with Mesra and Haris are:
1. The lease with Mesra is for 5 years and is registered, making it a formal lease agreement under the National Land Code.
2. The agreement with Haris is for 2 years with an option to renew for 1 more year, making it a tenancy exempt from registration under the Code since the term does not exceed 3 years.
3. As a lease, Mesra has security of tenure and its rights will be protected against subsequent dealings. As a tenancy, Haris' rights may not be protected against a new purchaser unless the tenancy is endorsed on the title.
LAND LAW 1 slides rights and powers of the state authority 2014
The document discusses land ownership laws in Malaysia. It explains that all land belongs to the state authority, which has sole power to dispose of and alienate land. Unregistered long possession of land does not confer ownership rights, as adverse possession is not recognized against the state or private landowners under the National Land Code. Squatters have no legal rights or cause of action regardless of duration of occupation.
Land Law 1 THE NATIONAL LAND CODE 1965
The National Land Code 1965 (NLC) establishes the system of land administration and land law in Peninsular Malaysia. Key features of the NLC include:
1) Land is vested in the State Authority and administered through a system of land registration and titles;
2) The principle of indefeasibility of title where the register is conclusive evidence of ownership and interests can only be defeated in limited circumstances;
3) All dealings with land must be registered under the NLC to be recognized and take legal effect.
Tee bee case presentation
This document discusses the procedure for acquiring state land under the National Land Code (NLC) of Malaysia. It summarizes a court case where an applicant paid the land revenue amount 8 months after the specified deadline in the notice. A third party challenged the alienation, arguing the approval had lapsed. However, the court held that the state authority accepting late payment implied a fresh approval. The decision showed that paying land revenue within the deadline is not mandatory under NLC, and the registration of title is the primary consideration in establishing ownership of the land.
Introduction to Land Law of Malaysia
This document provides an introduction to Land Law I, including:
- A historical background of land laws in Malaysia from 1911 onwards.
- An overview of the key differences between the English title deeds system and the Torrens system of land registration that was implemented in Malaysia.
- A discussion of concepts relevant to land law like ownership, title, interests, and dealings.
- An analysis of the applicability of English doctrines of equity relating to land in Malaysia and how this has been interpreted judicially.
- An outline of provisions in statutes like the National Land Code, Civil Law Act, and Specific Relief Act that are important for understanding land law in Malaysia.
Land Law 1 DISPOSAL OTHERWISE THAN BY ALIENATION
1. The State Authority can reserve state land for public purposes or issue temporary occupation licenses (TOL) and permits for extraction of rock material on state land.
2. A TOL confers non-proprietary rights and possession to the licensee but cannot be assigned, transferred, or inherited. It expires upon the death of the licensee.
3. The land authority can terminate a TOL for breach of conditions and the licensee has no right to compensation for improvements made to the land upon termination. All structures revert to the state without compensation.
LAND LAW 1 TOL 2014
The sale and purchase agreement between Johan and Nabil is null and void as a temporary occupation license cannot be transferred. The land office can terminate the license due to breach of conditions without compensation. Johan cannot claim compensation from the land office for the house built on the land.
Ll1 slides dealings part 2 leases and tenancies
The document discusses the definition and key characteristics of leases and tenancies under Malaysian law. It defines a lease as a conveyance granting an interest in land less than a freehold from a lessor to a lessee. Leases must be for a specific duration exceeding 3 years, while tenancies can be for up to 3 years. Registered leases create greater legal rights than unregistered leases or tenancy agreements exempt from registration.
restraint on dealings
Restraints on dealings prevent transactions related to disputed land from being registered. The main types of restraints in Malaysia are lis pendens, injunctions, caveats, and prohibitory orders. Caveats freeze the land register until the dispute is resolved, protecting the caveator's claim. Unlike caveats, injunctions are court orders that do not register on the land title but can still prevent dealings. While caveats and injunctions both restrain transactions, injunctions require court approval and can protect a broader range of interests.
Leases of Immovable Property
These slides describe the law that applies to leases and tenancies. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
Land law 1 alienation 2014
The State Authority has wide powers with respect to the disposal and alienation of state land under the National Land Code 1965. The main powers of the State Authority are:
1. The State Authority has the power to approve the alienation of state land. Alienation of state land takes effect upon registration of the title, but the land remains state land until registration.
2. The State Authority determines the conditions for alienation such as the area approved, period of alienation, category of land use, conditions and restrictions to be imposed, and terms of payment such as premium and rent.
3. The State Authority can impose express conditions that are endorsed on the title document, as well as implied conditions relating to the category of land
TORRENS SYSTEM - LAND LAW
The document discusses and compares the Deed and Torrens systems of land registration.
[1] The Deed system involved exhaustive searches of title documents back to the original Crown grant, which was complex, expensive and uncertain. [2] The Torrens system introduced in Malaysia simplified conveyancing by making registration of titles and dealings compulsory, with the register providing conclusive evidence of ownership. Key principles are the mirror and curtain principles. [3] The objectives were to provide certainty, security of title and facilitate transfer compared to the defects of the Deed system.
Ll1 slides extent of ownership and enjoyment of land part 1
This document discusses the extent of ownership and enjoyment of land under common law and the National Land Code (NLC) in Malaysia. It covers three key points:
1. Under common law and the NLC, a landowner has exclusive rights to the airspace above and land below their property, as well as the right to support from adjacent land. However, these rights are not absolute and are subject to limitations by law.
2. Case law examples show landowners can sue for trespass if these rights are unlawfully interfered with, such as by another building encroaching into the airspace. However, overflying aircraft is usually allowed as long as it is at a reasonable height.
3
Dealings and registration
This document discusses various types of dealings and registration requirements under Malaysian land law. It explains that transfers, leases, charges, and easements are considered dealings, but only transfers, leases, charges, and some easements must be registered. It provides details on what constitutes interests in land, as well as the registration process and effects of registering transfers, leases, charges, and tenancies. Specifically, it notes that registration is required for transfers and leases to take legal effect, while unregistered leases and contracts are still valid. The document also discusses requirements for endorsing tenancies on land titles.
National land code 1965
This document is the National Land Code of Malaysia which governs land administration and management. It contains several parts and chapters that cover topics such as:
1) The administration of land matters by federal and state authorities.
2) The powers of the state authority regarding the disposal and use of state land.
3) The procedures for disposing of land, including reservation, temporary occupation, extraction of materials, and alienation (transfer of ownership).
4) The incidents and registration of titles for alienated (transferred) land, including rent, conditions, restrictions, forfeiture, sub-division and amalgamation.
5) The preparation and maintenance of land title registers on final and qualified titles
State authority 1
Land ownership and rights in Malaysia are governed by the National Land Code 1965. Key points include:
1) All state land is vested in the Ruler or Governor of each state as the State Authority (SA), with certain exceptions like alienated or reserved land.
2) The SA has wide powers to dispose of state land, including through alienation (granting ownership rights for up to 99 years), leasing, licensing, and permitting extraction of resources.
3) The Torrens system of land registration provides paramount rights to landowners like airspace rights, rights to support from adjoining land, and access rights to foreshore or public areas.
Tol
(1) A Temporary Occupation License (TOL) allows temporary occupation of state land, mining land, or reserved land for a specified purpose.
(2) A TOL is issued by the Land Administrator with approval from relevant authorities and is valid only until the end of the calendar year. It can be renewed up to three times with approval from the State Authority.
(3) A TOL holder has rights of possession of the land but cannot transfer or assign the license. The license terminates upon the death of the holder or dissolution of a company holder.
Ll1 slides adverse possession
The document discusses the law of adverse possession and squatting on state and private land in Malaysia. It explains that adverse possession does not apply under Malaysian law and squatters have no legal rights, even after long occupation. The cases cited show that courts have consistently held squatters cannot claim rights to land and the state authority has sole power to alienate state land.
Restrain on Dealings
Restrain on Dealings under Land Law part II syllabus. Types of restraint involving in dealings. Containing Lis pendens,
Tenancy exempt from registration (txr)
The document discusses tenancy exempt from registration (TXR) under Section 213(1) of the National Land Code. TXR refers to a letting of land for a period not exceeding 3 years that is not required to be registered. The document outlines different types of TXR and how a tenant can protect their interest in a TXR by endorsing it on the land title register before the landlord transfers the land. Failure to endorse means the tenant's interest is not binding on future owners.
Difference between lease and license: Everything you need to know
A brief view of Lease and License. This PPT talks about the difference between Lease and License on the basis of agreement, interest, transferability, etc.
Co-ownership.pptx
This document discusses co-ownership of land, specifically joint tenancies and tenancies in common. It covers how co-ownership is recognized in both law and equity, the key elements and creation of joint tenancies versus tenancies in common, including the four unities required for a joint tenancy and equitable presumptions that can create a tenancy in common. The document provides examples throughout to illustrate the concepts.
CAPE Property Law by Shawn Freeman.pdf
This is a complete summary of the CAPE UNIT 2 MODULE 3 property law course. Answering questions and essay writing will be done in a separate presentation. The presentation seeks to summarize the requirements set by the examiners and outlined by the syllabus to assist students preparing for the exam a quick reference guide. Property law for CAPE can be seen as a complex area of study based on some of the principles employed, however CAPE focuses on the core principles set down within the Caribbean legal systems and with some of it's origins from the Roman/Dutch laws and principles The UK English common law system still plays much of an active role in the development of these principles, however with a few changes made by various regions. This presentation however was written to focus on one jurisdiction as CAPE is specific to every region of law and the body of law that governs that region, however once again, the key principles apply across the Caribbean regardless of jurisdiction. It is to note that easements was not included in this presentation since for the benefit of University students a separate presentation on the topic which covers both A levels and university was done. All the best in the exams students.
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LAND LAW 1 slides rights and powers of the state authority 2014
The document discusses land ownership laws in Malaysia. It explains that all land belongs to the state authority, which has sole power to dispose of and alienate land. Unregistered long possession of land does not confer ownership rights, as adverse possession is not recognized against the state or private landowners under the National Land Code. Squatters have no legal rights or cause of action regardless of duration of occupation.
Land Law 1 THE NATIONAL LAND CODE 1965
The National Land Code 1965 (NLC) establishes the system of land administration and land law in Peninsular Malaysia. Key features of the NLC include:
1) Land is vested in the State Authority and administered through a system of land registration and titles;
2) The principle of indefeasibility of title where the register is conclusive evidence of ownership and interests can only be defeated in limited circumstances;
3) All dealings with land must be registered under the NLC to be recognized and take legal effect.
Tee bee case presentation
This document discusses the procedure for acquiring state land under the National Land Code (NLC) of Malaysia. It summarizes a court case where an applicant paid the land revenue amount 8 months after the specified deadline in the notice. A third party challenged the alienation, arguing the approval had lapsed. However, the court held that the state authority accepting late payment implied a fresh approval. The decision showed that paying land revenue within the deadline is not mandatory under NLC, and the registration of title is the primary consideration in establishing ownership of the land.
Introduction to Land Law of Malaysia
This document provides an introduction to Land Law I, including:
- A historical background of land laws in Malaysia from 1911 onwards.
- An overview of the key differences between the English title deeds system and the Torrens system of land registration that was implemented in Malaysia.
- A discussion of concepts relevant to land law like ownership, title, interests, and dealings.
- An analysis of the applicability of English doctrines of equity relating to land in Malaysia and how this has been interpreted judicially.
- An outline of provisions in statutes like the National Land Code, Civil Law Act, and Specific Relief Act that are important for understanding land law in Malaysia.
Land Law 1 DISPOSAL OTHERWISE THAN BY ALIENATION
1. The State Authority can reserve state land for public purposes or issue temporary occupation licenses (TOL) and permits for extraction of rock material on state land.
2. A TOL confers non-proprietary rights and possession to the licensee but cannot be assigned, transferred, or inherited. It expires upon the death of the licensee.
3. The land authority can terminate a TOL for breach of conditions and the licensee has no right to compensation for improvements made to the land upon termination. All structures revert to the state without compensation.
LAND LAW 1 TOL 2014
The sale and purchase agreement between Johan and Nabil is null and void as a temporary occupation license cannot be transferred. The land office can terminate the license due to breach of conditions without compensation. Johan cannot claim compensation from the land office for the house built on the land.
Ll1 slides dealings part 2 leases and tenancies
The document discusses the definition and key characteristics of leases and tenancies under Malaysian law. It defines a lease as a conveyance granting an interest in land less than a freehold from a lessor to a lessee. Leases must be for a specific duration exceeding 3 years, while tenancies can be for up to 3 years. Registered leases create greater legal rights than unregistered leases or tenancy agreements exempt from registration.
restraint on dealings
Restraints on dealings prevent transactions related to disputed land from being registered. The main types of restraints in Malaysia are lis pendens, injunctions, caveats, and prohibitory orders. Caveats freeze the land register until the dispute is resolved, protecting the caveator's claim. Unlike caveats, injunctions are court orders that do not register on the land title but can still prevent dealings. While caveats and injunctions both restrain transactions, injunctions require court approval and can protect a broader range of interests.
Leases of Immovable Property
These slides describe the law that applies to leases and tenancies. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
Land law 1 alienation 2014
The State Authority has wide powers with respect to the disposal and alienation of state land under the National Land Code 1965. The main powers of the State Authority are:
1. The State Authority has the power to approve the alienation of state land. Alienation of state land takes effect upon registration of the title, but the land remains state land until registration.
2. The State Authority determines the conditions for alienation such as the area approved, period of alienation, category of land use, conditions and restrictions to be imposed, and terms of payment such as premium and rent.
3. The State Authority can impose express conditions that are endorsed on the title document, as well as implied conditions relating to the category of land
TORRENS SYSTEM - LAND LAW
The document discusses and compares the Deed and Torrens systems of land registration.
[1] The Deed system involved exhaustive searches of title documents back to the original Crown grant, which was complex, expensive and uncertain. [2] The Torrens system introduced in Malaysia simplified conveyancing by making registration of titles and dealings compulsory, with the register providing conclusive evidence of ownership. Key principles are the mirror and curtain principles. [3] The objectives were to provide certainty, security of title and facilitate transfer compared to the defects of the Deed system.
Ll1 slides extent of ownership and enjoyment of land part 1
This document discusses the extent of ownership and enjoyment of land under common law and the National Land Code (NLC) in Malaysia. It covers three key points:
1. Under common law and the NLC, a landowner has exclusive rights to the airspace above and land below their property, as well as the right to support from adjacent land. However, these rights are not absolute and are subject to limitations by law.
2. Case law examples show landowners can sue for trespass if these rights are unlawfully interfered with, such as by another building encroaching into the airspace. However, overflying aircraft is usually allowed as long as it is at a reasonable height.
3
Dealings and registration
This document discusses various types of dealings and registration requirements under Malaysian land law. It explains that transfers, leases, charges, and easements are considered dealings, but only transfers, leases, charges, and some easements must be registered. It provides details on what constitutes interests in land, as well as the registration process and effects of registering transfers, leases, charges, and tenancies. Specifically, it notes that registration is required for transfers and leases to take legal effect, while unregistered leases and contracts are still valid. The document also discusses requirements for endorsing tenancies on land titles.
National land code 1965
This document is the National Land Code of Malaysia which governs land administration and management. It contains several parts and chapters that cover topics such as:
1) The administration of land matters by federal and state authorities.
2) The powers of the state authority regarding the disposal and use of state land.
3) The procedures for disposing of land, including reservation, temporary occupation, extraction of materials, and alienation (transfer of ownership).
4) The incidents and registration of titles for alienated (transferred) land, including rent, conditions, restrictions, forfeiture, sub-division and amalgamation.
5) The preparation and maintenance of land title registers on final and qualified titles
State authority 1
Land ownership and rights in Malaysia are governed by the National Land Code 1965. Key points include:
1) All state land is vested in the Ruler or Governor of each state as the State Authority (SA), with certain exceptions like alienated or reserved land.
2) The SA has wide powers to dispose of state land, including through alienation (granting ownership rights for up to 99 years), leasing, licensing, and permitting extraction of resources.
3) The Torrens system of land registration provides paramount rights to landowners like airspace rights, rights to support from adjoining land, and access rights to foreshore or public areas.
Tol
(1) A Temporary Occupation License (TOL) allows temporary occupation of state land, mining land, or reserved land for a specified purpose.
(2) A TOL is issued by the Land Administrator with approval from relevant authorities and is valid only until the end of the calendar year. It can be renewed up to three times with approval from the State Authority.
(3) A TOL holder has rights of possession of the land but cannot transfer or assign the license. The license terminates upon the death of the holder or dissolution of a company holder.
Ll1 slides adverse possession
The document discusses the law of adverse possession and squatting on state and private land in Malaysia. It explains that adverse possession does not apply under Malaysian law and squatters have no legal rights, even after long occupation. The cases cited show that courts have consistently held squatters cannot claim rights to land and the state authority has sole power to alienate state land.
Restrain on Dealings
Restrain on Dealings under Land Law part II syllabus. Types of restraint involving in dealings. Containing Lis pendens,
Tenancy exempt from registration (txr)
The document discusses tenancy exempt from registration (TXR) under Section 213(1) of the National Land Code. TXR refers to a letting of land for a period not exceeding 3 years that is not required to be registered. The document outlines different types of TXR and how a tenant can protect their interest in a TXR by endorsing it on the land title register before the landlord transfers the land. Failure to endorse means the tenant's interest is not binding on future owners.
Difference between lease and license: Everything you need to know
A brief view of Lease and License. This PPT talks about the difference between Lease and License on the basis of agreement, interest, transferability, etc.
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LAND LAW 1 slides rights and powers of the state authority 2014
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Difference between lease and license: Everything you need to know
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Co-ownership.pptx
This document discusses co-ownership of land, specifically joint tenancies and tenancies in common. It covers how co-ownership is recognized in both law and equity, the key elements and creation of joint tenancies versus tenancies in common, including the four unities required for a joint tenancy and equitable presumptions that can create a tenancy in common. The document provides examples throughout to illustrate the concepts.
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This is a complete summary of the CAPE UNIT 2 MODULE 3 property law course. Answering questions and essay writing will be done in a separate presentation. The presentation seeks to summarize the requirements set by the examiners and outlined by the syllabus to assist students preparing for the exam a quick reference guide. Property law for CAPE can be seen as a complex area of study based on some of the principles employed, however CAPE focuses on the core principles set down within the Caribbean legal systems and with some of it's origins from the Roman/Dutch laws and principles The UK English common law system still plays much of an active role in the development of these principles, however with a few changes made by various regions. This presentation however was written to focus on one jurisdiction as CAPE is specific to every region of law and the body of law that governs that region, however once again, the key principles apply across the Caribbean regardless of jurisdiction. It is to note that easements was not included in this presentation since for the benefit of University students a separate presentation on the topic which covers both A levels and university was done. All the best in the exams students.
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This document summarizes different types of property ownership and how ownership can be acquired and transferred. It defines real property as land and fixtures, while personal property is all other forms of property. Ownership can be acquired through purchase, gifts, inheritance, or other means like adverse possession. Common types of concurrent ownership are tenancy in common, joint tenancy, and tenancy by the entirety. Bailments involve the delivery of personal property for a purpose, creating duties of care for bailees and bailors. Deeds are used to transfer interests in real property.
Learning ResourcesThis page contains the Learning Resources fo.docx
Learning Resources
This page contains the Learning Resources for this week. Be sure to scroll down the page to see all of the assigned resources for this week. To view this week's media resources, please use the streaming media player below.
Media
·
Video: Laureate Education (Producer). (n.d.). Property law (Bundle of sticks) [Video file]. Retrieved from https://class.waldenu.edu
Note: The approximate length of this media piece is 3 minutes.
Readings
· Course Text: Currier, K.A., Eimermann, T.E. (2016). The study of law: A critical thinking approach (4th ed.). New York: Wolters Kluwer.
. Chapter 9, "Property and Estate Law"
· Article: Legal Information Institute. (2005). Kelo v. New London (04-108) 545 U.S. 469. Retrieved from http://www.law.cornell.edu/supct/html/04-108.ZS.html
· Article: Legal Information Institute. (2004). Uniform commercial code: Article 2a. Retrieved from http://www.law.cornell.edu/ucc/2A/
· Article: Findlaw. (n.d.). Overview: Commercial lease agreements. Retrieved January 6, 2011, from http://smallbusiness.findlaw.com/business-operations/commercial-lease-agreement-overview.html
· Article: Hudson, D. Z. (2010). Eminent domain due process. Yale Law Journal, 119, 1280–1327.
Use the Academic Search Complete database, and search using the article's title.
Enter your MyWalden user name: ([email protected]) and password (3#icldyoB1) at the prompt.
Hudson, D. (2010). Eminent Domain Due Process. Yale Law Journal, 119(6), 1280-1327.
Other Resources
· Commercial Lease Agreement
WAL_PSPA3010_05_
A_EN-CC.mp4
The Study of Law
Currier, K.A., Eimermann, T.E. (2016). The study of law: A critical thinking approach (4th ed.).
New York: Wolters Kluwer
Aspen College Series
The Study of Law
A Critical Thinking Approach
Fourth Edition
Katherine A. Currier • Thomas E. Eimermann
®Wolters Kluwer
Property and Estate Law
In no country in the world is the love of property more
active and more anxious than in the United States.
Alexis de Tocqueville
CHAPTER OBJECTIVES
_-Vter reading this chapter, you should be able to:
• Define real and personal property.
• Discuss the rights of landlords and tenants.
• Distinguish the different forms of joint property ownership.
• Discuss limitations on property rights.
• Discuss how property can be transferred either on a temporary or per-
manent basis.
• Discuss intestate versus testate succession.
• Explain the requirements for a valid will and the probate process.
INTRODUCTION
The concept of property is at the heart of the American legal system. Our eco-
-omic system is built on the ideas of capitalism and free enterprise, and the con-
:ept of private property rights is central to our economic success.
Property is usually thought of as being a tangible object, such as a house
r an automobile. However, in law the term applies to the set of rights related
:o ownership. Examples include deeds, leases, easements, contractual rights,
341
• 3 ...
Lecture 17 land law
This document contains lecture notes and materials for a foundation law course. It discusses key concepts in land law including different types of property ownership like freehold and leasehold tenure. Freehold provides absolute ownership while leasehold provides possession for a set term of years. It also covers joint ownership structures like joint tenancy and tenancy in common. The document announces a change in class schedule due to the lecturer going on leave and reminds students of an upcoming summative assignment deadline.
The Concept of Landlord and Tenant
The document discusses the concept of landlord and tenant. It begins with an introduction stating that the topic will focus on the fundamental principles of the relationship. It then provides definitions and background information on key terms like landlord, tenant, premises, rent, and different types of tenancies. The document outlines some of the features of a landlord-tenant relationship, such as it being contractual in nature, involving exclusive possession of a property for a set term, and requiring consideration like rent. It also discusses the relevant laws regulating tenancies and the courts that have jurisdiction over landlord-tenant matters.
Economic Business and Commercial Laws-pages-387-427.pdf
The document provides an overview of key concepts from the Transfer of Property Act of 1882, which governs the law relating to transfer of property in India. It defines important terms like absolute interest, reversion, remainder, vested and contingent interests. It distinguishes between moveable and immoveable property, defining the latter as land, benefits arising from land, and things permanently attached to land. The document outlines the scheme of the Act and covers topics like rules of transfer, those who can transfer property, and special types of transfers such as sale, mortgage, lease, gift and exchange.
Transfer of property general view
Supporting to the All students of Law in their Academics specially in subject Property Law which is one of the core subject.
CIVICS M3 Unit1 civil laws and criminal laws COVIDSeason
Criminal law and civil law are discussed. Civil law deals with disputes between private individuals regarding damages, while criminal law deals with offenses against society that are punishable by law. Some key points covered include the different types of contracts under civil law such as contracts of sale, loan contracts, and hire of property contracts. Hire purchase contracts and installment payment loans are also explained. Civil justice procedures involving plaintiffs, defendants, attorneys, and lawsuits are outlined. Criminal law is defined as law that stipulates offenses and punishments that break the criminal code or other acts.
Quiz show -property law
This document provides an overview of key concepts in property law, including different types of property interests like fee simple estates, life estates, and joint tenancies. It also discusses the relationship between property owners and others through concepts like possession, landlord-tenant relationships, licenses, easements, mortgages, and liens. The key takeaway is that property law governs the various rights and interests people can have in real estate.
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Dissertation submitted for partial fulfilment of the requirements for the degree Baccalaureus Legum at the University of the Free State by André Strauss
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The presentation deals with different aspects of easements comprising definition, essential elements, classification, modes of acquisition, grant, prescription, customary easement, operation of law, etc.
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The document provides an overview of contract law in India, beginning with the historical influences on Indian contract law from English law. It then summarizes the key provisions and interpretations of the Indian Contract Act of 1872. Some of the main points covered include:
- The Indian Contract Act was enacted in 1872 and drew significantly from English law.
- Section 1 covers the title, application and repeal of prior enactments.
- Section 2 provides definitions and interpretations used in the Act.
- The essentials of a valid contract and different types of contracts are discussed such as void, voidable, illegal, express, implied, etc.
- Key principles like offer, acceptance, consideration, intention, communication are explained.
Formation of contract
The document discusses the formation of contracts under Indian law. It provides background on how English law initially influenced Indian law and the development of the legal system in India over time. It then summarizes the key aspects of the Indian Contract Act of 1872, including its scope, interpretation of terms, kinds of contracts, essential conditions for a valid offer, and types of offers. Examples of relevant case laws are also discussed.
For this milestone, you will review Case Study Two and compose a.docx
For this milestone, you will review Case Study Two and compose a short report, applying your legal knowledge and understanding of the types of business organizations. Case Study Two concentrates on contracts and landlord-tenant law.
For additional details, please refer to the Milestone Two Guidelines and Rubric document and the Milestone Two Template in the Assignment Guidelines and Rubrics section of the course
PART 10
Property
LEARNING OBJECTIVES
After reading this chapter, you will be able to answer the following questions:
1
What are the interests in real property that someone can hold?
2
How is real property voluntarily transferred?
3
How is real property involuntarily transferred?
4
How is the use of property restricted?
CASE OPENER
Economic Redevelopment in Poletown
General Motors wanted to expand its facility, but when the company offered to purchase the property it needed, the owners would not accept the offers. The firm then approached the Detroit Economic Development Corporation with a request that the corporation use its power of eminent domain to acquire a large parcel of land on which members of the plaintiff organization, Poletown Neighborhood Council, resided and had small businesses. Once the corporation had acquired the land, it would be conveyed to General Motors for its plant expansion. The justification for the use of eminent domain was the creation of jobs for the economically depressed area.
The plaintiffs, who did not want their community destroyed, sued the city and the development corporation on the grounds that they were abusing their power of eminent domain to take private property for a private use.
1.
Can business managers ask the city to buy real property for them when the owners do not wish to sell it?
2.
What would determine whether the government can legally take the property for the corporation?
The Wrap-Up at the end of the chapter will answer these questions.
p. 1079
Ownership of real property seems to be one of the goals of most people in the United States. In this chapter we examine the nature of real property, the types of interests someone can own in real property, and how those interests can be transferred. As the opening scenario implies, transfers can be either voluntary or involuntary.
PART 10
Property
LEARNING OBJECTIVES
After reading this chapter, you will be able to answer the following questions:
1
How is the landlord-tenant relationship created?
2
What are the rights and duties of the landlord and tenant?
3
What are landlords' liabilities for injuries on the premises?
4
How are interests in leased property transferred?
5
How are leases terminated?
CASE OPENER
Free to Choose?
Roommates.com
operates a Web site that helps individuals find roommates. Individuals searching for roommates create profiles using questionnaires provided by the Web site. The questionnaires ask for information about age, sex, and sexual orientation, as well as whether the perso ...
Personal PropertyThis week’s lectures will focus on tangible pro.docx
Personal Property
This week’s lectures will focus on tangible property. There are two main divisions in property: the law dealing with real property (land and items permanently attached to land) and the law dealing with personal property (all other items). The essence of property law is ownership. This ownership may be held outright, or it may be held in common with others as a joint tenant. Ownership interests are acquired in many ways including by possession (in the case of wild animals hunted or finding lost and abandoned property), by production, or by gift. A gift is a voluntary transfer of property ownership not supported by consideration.
There are three elements to a valid gift:
· Donative intent- this is ascertained by the language of the donor and the surrounding circumstances.
· Delivery- this requires giving up dominion and control of the item. With some items, constructive delivery may be applied. This is true, for example, in the situation where a key to a car is given symbolizing that the car has been given.
· Acceptance- the donee must accept the gift. This is generally assumed.
Gifts are ordinarily unconditional. However, the gift may be conditional in some situations. A gift causa mortis, for example, is a gift given in anticipation of death. If the donor (gift giver) does not die, the gift becomes invalid.
Mislaid, lost or abandoned property presents difficult challenges in the area of personal property law. Mislaid property gives the owner—not a random finder—the first claim to the property. Mislaid property is property that the owner did not intend to lose. However, if the owner does not claim the property the finder may keep it. Lost property is treated similarly. The owner has the first claim. However, the finder may keep it if the owner does not claim it (many states require the finder to seek out the owner). Finally, property that has been intentionally abandoned is the finder's, as the owner is presumed to have surrendered all rights in ownership in possession.
The final area of law we need to discuss is bailments. Bailments are created when an owner gives possession (but not ownership) to another temporarily. Most bailments are created by agreement. And although the elements of a contract may be present, this is not necessarily true except in the case of a commercial bailment, for example, where a patron gives a suit to a dry cleaner. The bailment is created when:
· Personal property is;
· Delivered without title;
· Under an agreement that property be returned to the bailor or otherwise disposed of according to the owners instructions.
Delivery requires the bailee to surrender exclusive possession and control to the bailor who must accept the property. The agreement does not need to be in writing for bailments lasting less than a year. The bailment gives the bailee certain rights including the right of temporary control and possession of the bailed property, use of the property for the purpos.
Walsh power point_chapter 7
Civil and administrative law is designed to provide remedies for individuals harmed by others through resolving private disputes without force. It includes four main categories: property law, contract law, tort law, and family law. Administrative law involves governmental agencies that regulate businesses and enforce rules through investigations, inspections, and hearings. It provides appeals processes to civil courts and defers to agency expertise in some cases.
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1 Land Law Fundamentals
- 1. Principles of Land Law Introduction
- 2. Introduction
- 4. 1. Why land law and what is it?
- 5. Career
- 6. As landowner (now or later)
- 7. Close to daily life
- 8. What does land law study?
- 9. Range of possible interests in land
- 10. How competing interests interact
- 11. Creating, transferring, protecting and ending interests in land
- 12. Several interests in the same piece of land Apartment owner Lender / mortgagee Tenants Licensees
- 13. 2. Sources of Hong Kong Land Law
- 14. English common law and equity as received in Hong Kong
- 15. Statute
- 18. 3. Estate and tenure
- 19. Tenure
- 20. Estate: freehold or leasehold
- 22. ‘ Proprietary’: something you own
- 23. The proprietary / non-proprietary dividing line in land law
- 24. Proprietary interests bind third parties
- 25. The lease is proprietary
- 26. So is the mortgage
- 27. Some interests are proprietary but cannot exist on their own
- 28. They have to be attached to another proprietary interest such as a lease or a mortgage
- 29. Examples
- 30. Easements
- 31. Land covenants
- 32. The proprietary / personal divide
- 33. Lease v licence
- 34. But the distinction can be difficult and ‘blurry’
- 35. 5. Equity
- 36. Equity moderates the harshness of the common law
- 37. Equity: focuses on what is ‘conscionable ’
- 38. The trust
- 39. The Express Trust Settlor Trustee Beneficiary
- 40. The trustee owns the property but is expected to look after it on behalf of the beneficiary
- 41. The trustee is the ‘legal’ owner
- 42. The beneficiary is the equitable or beneficial owner
- 43. Ownership has been split up into legal and equitable titles
- 44. Other types of trust
- 45. Resulting trusts
- 47. Resulting and constructive trusts A B A owns the legal title but B has an equitable interest
- 48. Legal and equitable ‘versions’ of interests in land
- 49. Equitable interests in land: use of a contract rather than a deed
- 50. Equitable interests can arise out of proprietary estoppel
- 51. Proprietary estoppel: you promised to create or transfer an interest in land
- 52. Not a contractually binding promise
- 53. But promisee has relied on it and unconscionable to allow promisor to go back on the promise
- 54. Example of an equitable lease Larry Teresa Binding agreement for a six year lease but failure to comply with common law formalities for the grant of a lease: Teresa has an equitable lease.
- 55. A legal interest is good against the whole world
- 56. An equitable interest is good against the whole world except equity’s darling
- 57. Provided the equities are equal
- 58. Equitable interests and third parties
- 59. Polly v Teresa Larry Teresa Larry sells to Polly who can take free of Teresa’s equitable interest. Polly
- 60. Other influences of equity on land law
- 63. 6. The ‘land’ in land law
- 64. Statutory definition of land – s. 2 CPO ‘ land’ includes - (a) land covered by water; (b) any estate right interest or easement in or over land; (bb) the whole or part of an undivided share in land and any estate, right, interest or easement in or over the whole or part of an undivided share in land; and (c) things attached to land or permanently fastened to anything attached to land.
- 65. The contract or deed should describe the relevant land clearly
- 66. At common law ‘land’ includes everything above and below the surface
- 68. Degree and purpose of annexation
- 69. Elitestone Ltd v Morris : part and parcel of the land