商业学院中的法律课程作业:土地登记问题的研究
论文作者:www.51lunwen.org论文属性:作业 Assignment登出时间:2016-02-04编辑:anne点击率:7633
论文字数:615论文编号:org201602012346172871语种:英语 English地区:英国价格:免费论文
关键词:商业学院的法律课程作业土地登记
摘要:验证土地登记和压倒一切的利益之间的关系是一个关键的作用。本案例提出的问题对于“到期”或“耐久性”的解决。
论文题目:Given the aims of land registration,to what extent is the continued existence of overriding interests justified
论文语种:英文
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您的学校背景:商业学院中的法律课程
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2. Given the aims of land registration, to what extent is the continued existence of overriding interests justified?
Verifying the relationship between the land registration and overriding interests is a key action.
案例ferrishurst公司V wallcite公司吸引了70节的关注(1)(G)的土地登记法1925由于上诉法院的洞察力出现“本位利益”(Hill,2000)。此外,本案例提出的问题对于“到期”或“耐久性”的财产利益的1925土地登记法下。因此,本文想探讨土地登记与压倒一切利益的关系。The case Ferrishurst Ltd v Wallcite Ltdhas attracted the attentions of the section 70(1)(g) of the Land Registration Act 1925 due to the court of Appeal is insight appearing to “overriding interests”(Hill, 2000). In addition, this case has raised the questions regarding to the ‘exigibility’ or ‘durability’ ofproperty interests under the Land Registration Act 1925. Therefore, this article would like to discuss the relationship between the land registration and overriding interests.
表面上,土地登记法1925是土地登记的核心法。因此,这项法案在土地权益登记方面发挥了重要作用。第一个问题已经上升,买家是否有合法的权利,没有注册时购买土地。在这一行动中,70(1)(克)是处理与压倒一切利益相关的具体问题的关键部分。On the surface, Land Registration Act 1925 is the core law to deal with land registration. Therefore, this Act has played an important role in registration of land in the respective of the overriding interests. The primary question has risen that whether the buyers has the legitimate right to live without registration when buying the land. Inside this Act, 70 (1) (G) is the crucial part to deal with the specific issue related to the overriding interests.
If Wallcite Ltd has certified land on part of occupation is enough to position given occupation rights overriding, absurd results will follow. This means that in flat towers the buyers have the options to buy the Barbican estate tenure were able to strengthen the freedom of choice for buyers even choose not to register that occupation tenants. However, it is not clear that why this result should be regarded as absurd. In addition, the land acquisition is registered, or part of it, is accounted for between two courses of actions selection. Firstly, it is composed of terms secretly support 70 (1) (G) itself, relating to a potential buyer for further inquiry found that the occupation of the land, if there is rights claim. Possession of any rights did not reveal not enjoy overwhelming under paragraph (G). In addition, the buyer may require further inquiry, who has the risk that he did not know the overriding interests, prefer to rely on their own the rights to the supplier, they probably won't be poor. Furthermore, 70(1)(G), for example,is related to the principle of application of time: direct lease 21 years term not exceeding the bound registered real estate value of the transferee is merely based on the prior to the creation of the configuration by the assignee to advocate for their overriding interests.
In Ferrishurst Ltd v Wallcite Ltd Robert Walker LJ, while he realized in the land register and unregistered different positions, draws attention to the fact that, in the section 70 (1) (G) beyond the function of interest comparable to the non-transfer construction notice. In fact, 70 (1) (G) has explained the framework of the land, and implementing the open principle may smooth the perception; the exi
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