{"title":"26. Lenders’ Rights and Remedies","authors":"B. Mcfarlane, N. Hopkins, S. Nield","doi":"10.1093/he/9780198868521.003.0026","DOIUrl":"https://doi.org/10.1093/he/9780198868521.003.0026","url":null,"abstract":"All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter concentrates on the rights and powers conferred upon the lender to enforce its security over land. A lender’s rights and remedies arise from the nature of its security, the powers implied by the Law of Property Act 1925, and any express powers. The lender’s right to take possession originated at common law, but is now conferred by s 87(1) of the 1925 Act. The lender’s power of sale and to appoint a receiver are implied by s 101(1)(i) and (iii) of the 1925 Act, respectively and can only be exercised if the borrower has defaulted. The duties that a lender or receiver owes when selling the mortgaged property are explained, as well as the position of a purchaser from a lender or receiver where there has been a breach of duty.","PeriodicalId":81804,"journal":{"name":"Land and water law review","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91014860","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Whatever Happened to Relativity of Title?","authors":"E. Cooke","doi":"10.1093/oso/9780198854067.003.0009","DOIUrl":"https://doi.org/10.1093/oso/9780198854067.003.0009","url":null,"abstract":"This chapter is about relativity of title and the law relating to adverse possession (also known as squatters’ rights), which used to be fundamental to land law but is now far less important following the enactment of the Land Registration Act 2002, where title is registered. The requirements for adverse possession are explained. The chapter examines the case law relating to the human rights implications of squatters’ title. The effect of adverse possession in registered land is explained. Finally, the chapter discusses the reasons why adverse possession continues to be a live concept and evaluates the impact and concerns of the 2002 Act.","PeriodicalId":81804,"journal":{"name":"Land and water law review","volume":"44 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75004043","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Property Rights in Land","authors":"E. Cooke","doi":"10.1093/OSO/9780198854067.003.0002","DOIUrl":"https://doi.org/10.1093/OSO/9780198854067.003.0002","url":null,"abstract":"This chapter introduces the origins of land law in the feudal system and the concepts of tenure and estate. It considers freehold, leasehold, and commonhold ownership and explains the beginnings of law and equity and the distinction between law and equity. The chapter also introduces the trust and its development as a way of organizing entitlement to land. Non-ownership rights are explained, and the pre-1925 rules of enforceability of legal and equitable property rights are described in preparation for the next chapter.","PeriodicalId":81804,"journal":{"name":"Land and water law review","volume":"495 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77805897","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Appurtenant Rights","authors":"E. Cooke","doi":"10.1093/oso/9780198854067.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780198854067.003.0008","url":null,"abstract":"This chapter provides an exposition of the law relating to easements, profits à prendre, and restrictive covenants. It describes the nature of an easement and how easements are created, including implication and prescription. The chapter then explores the ways in which easements can be brought to an end. It discusses the creation and characteristics of positive and restrictive covenants and the complex rules relating to their enforceability. It explores how covenants can be brought to an end, and the possibility of discharge or modification provided by section 84 of the Law of Property Act 1925. Finally, the chapter looks at the Law Commission’s proposals for the reform of these areas of the law.","PeriodicalId":81804,"journal":{"name":"Land and water law review","volume":"88 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86728495","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Creating and Acquiring Interests in Land: Words and Intentions","authors":"E. Cooke","doi":"10.1093/oso/9780198854067.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780198854067.003.0004","url":null,"abstract":"This chapter discusses the ways in which interests in land can be created and transferred, in terms of the practical, physical requirements. It considers the rules about the formalities for contract and transfer, by way of writing and the use of deeds, and the law’s gradual adaptation to methods of transfer that do not involve paper and ink. The development of electronic land transactions is introduced. The chapter then discusses informal transactions and the exceptions to the formality rules. It provides an introduction to resulting and constructive trusts and proprietary estoppel, and concludes with a discussion of the difficulties associated with family property.","PeriodicalId":81804,"journal":{"name":"Land and water law review","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88543640","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Mortgages","authors":"E. Cooke","doi":"10.1093/oso/9780198854067.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780198854067.003.0006","url":null,"abstract":"This chapter explains what the function of a mortgage as a security interest, and details the different forms of mortgages that now exist. It discusses the rights, remedies, and protections available to the mortgagor and mortgagee, and the process by which the courts have intervened in the contractual relationship largely for the protection of the borrower. Protections available for the homeowner, and for third parties whose rights are affected by a mortgage, are discussed. Finally, the problems of pressure and the law of undue influence are introduced.","PeriodicalId":81804,"journal":{"name":"Land and water law review","volume":"66 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74477986","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"What is Land Law?","authors":"E. Cooke","doi":"10.1093/OSO/9780198854067.003.0001","DOIUrl":"https://doi.org/10.1093/OSO/9780198854067.003.0001","url":null,"abstract":"This chapter begins with some fundamental questions: what is property? what is real property? what is land? and what are property rights? The chapter looks at the definition of land as provided in section 205(1)(ix) of the Law of Property Act 192. It explores the impact of the European Convention on Human Rights, brought into our domestic law by the Human Rights Act 1998. The tensions and themes of land law are introduced, in particular the tension between static and dynamic security and the notion that land law is a struggle between competing categories of rights and competing values.","PeriodicalId":81804,"journal":{"name":"Land and water law review","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73374596","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Public Trust Doctrine","authors":"W. Goldfarb","doi":"10.1201/9781003069829-18","DOIUrl":"https://doi.org/10.1201/9781003069829-18","url":null,"abstract":"I. Origins of the Public Trust The origins of the public trust doctrine are traceable to Roman law concepts of common property. Under Roman law, the air, the rivers, the sea and the seashore were incapable of private ownership; they were dedicated to the use of the public. This concept that tide and submerged lands are unique and that the state holds them in trust for the people has endured throughout the ages. In 13 century Spain, for example, public rights in navigable waterways were recognized in Las Siete Partidas, the laws of Spain set forth by Alfonso the Wise. Under English common law, this principle evolved into the public trust doctrine pursuant to which the sovereign held the navigable waterways and submerged lands, not in a proprietary capacity, but rather “as trustee of a public trust for the benefit of the people” for uses such as commerce, navigation and fishing.","PeriodicalId":81804,"journal":{"name":"Land and water law review","volume":"325 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76641710","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Weather Modification","authors":"W. Goldfarb","doi":"10.1201/9781003069829-25","DOIUrl":"https://doi.org/10.1201/9781003069829-25","url":null,"abstract":"","PeriodicalId":81804,"journal":{"name":"Land and water law review","volume":"124 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80435591","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Introduction:","authors":"W. Goldfarb","doi":"10.1201/9781003069829-1","DOIUrl":"https://doi.org/10.1201/9781003069829-1","url":null,"abstract":"","PeriodicalId":81804,"journal":{"name":"Land and water law review","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88707160","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
求助内容：
应助结果提醒方式：