Create a 4 page essay paper that discusses Land Law ( ).
Whether a restrictive covenant could bind future owners of property is a matter in which judicial discretion has to be applied, based on the circumstances of the case and its legal surroundings. However, in the leading case of Tulk v Moxhay (1832) (1848) CB 430 (HL), the facts read as follows. The owners of land in Leicester Square had covenanted with local landlords not to allow development in the park zone.
However, when the park was sold off, the new purchaser, albeit aware of the restrictive covenant, wished to build on it. The Court held that it would be inequitable for him to do so. . The aspect of “restrictive covenant “that was seen in the case of Tulk v. Moxhay 1848 and is said that the burden of a covenant which was restrictive in nature could run with the land’, despite privity of contract. (Tulk v Moxhay (1848). 2006).
Overriding interests: Under the laws of registered conveyancing, when a person purchases a legal interest in land, he would normally be bound by any third party interests in that land, save and except, when it is registered, or deemed to constitute ‘overriding interests.’ It has been seen that ‘overriding interests’ are a significant danger zone for any purchaser of registered title, since, although it does not appear in the register, it is able to influence the title of the purchaser, whether he was aware of it or not. Currently, there are four types of overriding interests and they are with regard to:
Local land charges
Easement and profits
Short term legal leases
Property rights of a person in actual occupation.
Moreover, under Sch. 3 Para 3, the scope for only legal easements and legal profits are available. Therefore, interalia, easement or profits endured for life of party do not constitute ‘overriding interests’ and therefore do not fall within the scope of being bound by such interests.(Overriding Interests and Minor Interests: Overriding interests, p.121-122).
Thus, by application of the above legal interpretation regarding interests that has been deemed to have been vested by Algernon to Chris through a ‘tenant for life’ deal for storing fishing gear in Algernon’s land for life is not tenable in a Court of Law since it does not satisfy the criteria of ‘overriding interests.’
Frank may not be bound by the interest of Beatrice.
Case 3: In 2000 he granted his niece, Denise, in consideration of 5, an option to purchase number 12 for 275,000, on the giving of one month’s notice, within 10 years.
Laws surrounding options: An option to purchase land, or chattel is documented through a covenant which facilitates the purchase of the property by the buyer to the seller within a specified time and for a specific amount. Therefore, it could be considered to be an interest in land and needs to be protected by an entry in the Register.
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