Wednesday, May 1, 2019
LAND LAW Essay Example | Topics and Well Written Essays - 2250 words
LAND LAW - Essay moralCharlotte, who is Williams solicitor, is unaware of the previous arrangements done on the property1. Charlotte has acquired a register of the title to Abbey farm from the soil registry. The register however does non show any connection of the farm with previous loanword associated with Simon who is Williams brother. A mortgage entail transferring land interest as hostage for other obligation or loan as stipulated in a case of ROPAIGELACH v BARCLAYS BANK (2000). The court accorded the mortgagee a right over the property even in the absence of the mortgagor.Property and real estate laws adopt a diverse legal area that is regulated by the common laws and statutes. Real estate is more often than not linked with buildings or structures and the land. Real estate comprises land and the materials belonging to it. Immovable structures such as trees, houses, minerals and bushes wedded to the land are part of it2. Owning a real estate comes with benefits such as rig hts and interests associated with it. Land and the devoted properties have been utilized as security for loans in various occasions. William is utilizing his Abbey farm as security toward the loan acquired from the Loamshire building society. William is the mortgagor while the mortgagee is Loamshire building society. The society is providing loan in exchange of security interest3. Most lending societies usually set the maximum amount of money that can be borrowed and use as security. If the property to be used as security has a mortgage, a second accusal is utilized. In reality the first mortgage ranks before the second charge created in partnership amidst William and the society. Since the registry applied by charlotte does not include Simons loan and the security information. It will be a challenge for Mark to defend Simon as a solicitor in cases where the security is not indicated. The law governing mortgage is aimed at preventing criminals from taking an
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