11. Mortgages

2020 ◽  
pp. 331-375
Author(s):  
Emma Lees
Keyword(s):  
Property Right ◽  
Third Party ◽  
Land Law ◽  
Undue Influence ◽  
Land Registration ◽  
The Third ◽  
Commercial Transaction ◽  
Form Part ◽  
The Creation ◽  
Formal Requirements

This chapter examines mortgages, which are fundamental to the functioning of modern land law. They are the means by which most people finance the acquisition of their property. However, mortgages are more than simply a commercial transaction between a lender and a homeowner. They are also a property right in themselves and this brings with it a wide variety of options for the lender in terms of recovering their security. They also pose huge risks for the borrower. The chapter then explains the nature of the mortgage right and considers what terms can and cannot form part of a mortgage agreement. It also details the formal requirements of mortgages in terms of their creation, and identifies problems in the creation of a mortgage and the effects of these, looking in particular at the issues caused by undue influence. Moreover, the chapter describes the rights and obligations of the borrower in a mortgage (mortgagor), as well as that of the lender (mortgagee). Finally, it reflects on the third party effects of a mortgage, priorities, and land registration.

12. Easements and Profits

2020 ◽  
pp. 376-416
Author(s):  
Emma Lees
Keyword(s):  
Property Right ◽  
Third Party ◽  
Land Law ◽  
Undue Influence ◽  
Land Registration ◽  
The Third ◽  
Commercial Transaction ◽  
Form Part ◽  
The Creation ◽  
Formal Requirements

This chapter examines mortgages, which are fundamental to the functioning of modern land law. They are the means by which most people finance the acquisition of their property. However, mortgages are more than simply a commercial transaction between a lender and a homeowner. They are also a property right in themselves and this brings with it a wide variety of options for the lender in terms of recovering their security. They also pose huge risks for the borrower. The chapter then explains the nature of the mortgage right and considers what terms can and cannot form part of a mortgage agreement. It also details the formal requirements of mortgages in terms of their creation, and identifies problems in the creation of a mortgage and the effects of these, looking in particular at the issues caused by undue influence. Moreover, the chapter describes the rights and obligations of the borrower in a mortgage (mortgagor), as well as that of the lender (mortgagee). Finally, it reflects on the third party effects of a mortgage, priorities, and land registration.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

5. Registration of Title

2017 ◽  
Author(s):  
Mark P. Thompson ◽  
Martin George
Keyword(s):  
Land Ownership ◽  
Third Party ◽  
Land Law ◽  
England And Wales ◽  
Land Registration ◽  
Land Transfer ◽  
Title Registration ◽  
Land Titles

The 1925 legislation was enacted in part to encourage the development of the registration of title to land, to which end the basic doctrines of substantive Land Law had to be simplified. Thereafter, the legislation’s ultimate goal has been to make sure that all land titles in England and Wales are registered. Registration of title aims to facilitate the security of land ownership and land transfer. This chapter focuses on the registration of land titles in England and Wales. After providing an overview of the basics of title registration, it discusses the Land Registration Act 2002, registrable interests, registration with an absolute title, third party rights, unregistered interests which override registration, titles that are less than absolute, dealings with registered land, and indemnity as a result of alteration of register.

11. The Defences Question

Land Law ◽  
2017 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Right ◽  
Third Party ◽  
Priority Rules ◽  
Land Registration

This chapter examines land law's priority rules, conceptualized as the defences question. Priority rules refer to a set of rules that determine the circumstances in which a property right held by one party (B) against another party's title (A) can be enforced when A transfers the title to a third party (C) or grants a mortgage over the title to C as security for a loan. The chapter considers the circumstances in which C has a defence against B's claim to priority, focusing on priority rules that apply in registered land. It also discusses the specific rules provided in the Land Registration Act 2002 for registered dispositions of registered estates for valuable consideration and two defences that operate outside the provisions of the Act; the defence of consent and overreaching.

15. Undue Influence, Unconscionability, and Equality of Bargaining Power

2021 ◽  
pp. 500-533
Author(s):  
André Naidoo
Keyword(s):  
Consumer Protection ◽  
Bargaining Power ◽  
Case Law ◽  
Third Party ◽  
Undue Influence ◽  
The Third ◽  
The Law

This chapter examines undue influence, which is largely about pressure and influence arising from a relationship. It begins with the basic role of the law on undue influence before moving to the substantive case law. The case law is divided into three categories, which are based on the different ways of proving undue influence. The first relates to what is known as ‘actual undue influence’, which is where a complainant proves undue influence. The second is where undue influence between two parties can be presumed from the circumstances. The third category has been a major problem in modern cases and it involves undue influence coming from a third party. The chapter then turns to the wider issues that complete the ‘bigger picture’. The first of these is the area often referred to as ‘unconscionability’, which is about the exploitation of weakness. The second is the attempt to create a wider ‘inequality of bargaining power’ principle. Finally, the chapter looks at the Consumer Protection from Unfair Trading Practices Regulations 2008, which can cover conduct otherwise classed as duress, undue influence, and harassment.

24. The Operation of Mortgages

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Third Party ◽  
Undue Influence ◽  
The Third ◽  
Fire Insurance ◽  
Wide Range ◽  
Explanatory Text ◽  
The Third Party ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the rights of the mortgagor; leasing of the mortgaged property; undue influence, where a third party pressures the mortgagor into cooperating in the granting of a mortgage so that the third party can get a loan from a lending organization; redemption of mortgages; and fire insurance of the mortgaged property.

24. The Operation of Mortgages

2019 ◽  
pp. 726-754
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Third Party ◽  
Undue Influence ◽  
The Third ◽  
Fire Insurance ◽  
Wide Range ◽  
Explanatory Text ◽  
The Third Party ◽  
Primary Materials ◽  
Statutory Regulation

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the rights of the mortgagor (rules protecting the equitable right to redeem, ‘clogs’ and ‘fetters’, postponement of redemption, collateral advantages, restraint on trade); statutory regulation of mortgages; leasing of the mortgaged property; undue influence, where a third party pressurizes the mortgagor into cooperating in the granting of a mortgage so that the third party can get a loan from a lending organization; redemption of mortgages; and fire insurance of the mortgaged property.

12. The creation of agency and the agent’s authority

2017 ◽  
Author(s):  
Eric Baskind
Keyword(s):  
Third Party ◽  
Essential Information ◽  
The Third ◽  
Contractual Relations ◽  
The Creation ◽  
The Third Party

Each Concentrate revision guide is packed with essential information, Key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the creation of agency and its three main parties: the agent, the principal, and the third party. The primary purpose of the agent is to bring the principal and the third party into direct contractual relations, with the principal taking on the rights and liabilities created by the contracts provided the agent had authority to act. The chapter looks at several kinds of agent’s authority, including actual authority, apparent authority, and usual authority, and also considers agency of necessity as well as cases where the principal may ratify a transaction.

Ch.5 Content, third party rights and conditions, s.2: Third party rights, Introduction to Section 5.2 of the PICC

2015 ◽  
Author(s):  
Vogenauer Stefan
Keyword(s):  
Third Parties ◽  
Third Party ◽  
Basic Rule ◽  
Conflict Of Interests ◽  
The Third ◽  
The Creation ◽  
The Third Party ◽  
Triangular Relationship ◽  
The Right ◽  
Default Rules

Section 5.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) deals with contracts in favour of third parties. It covers the creation of a third party right by way of contract and includes the basic rule that provides for the validity and enforceability of contracts in favour of third parties and states the requirements for bringing a third party right into existence. It also defines the rights and duties of the parties in the triangular relationship arising from a contract in favour of a third party. These provisions provide default rules for the conflict of interests typically arising between the three parties involved. Section 5.2 also discusses the defences of the promisor, the extent of the original parties' power to modify or revoke the third party's right, and the right of the third party to renounce the benefit conferred upon it.

scholarly journals Let's Talk About Royalties: The Continued Uncertainty Surrounding the Creation and Legal Status of the Overriding Royalty

2019 ◽  
pp. 335
Author(s):  
David LeGeyt ◽  
Ashley Weldon ◽  
Natasha Wood ◽  
Brendan Downey
Keyword(s):  
Supreme Court ◽  
Legal Status ◽  
Oil And Gas ◽  
Common Law ◽  
Property Right ◽  
The Third ◽  
The Supreme Court ◽  
The Common ◽  
The Creation ◽  
Legal Uncertainty

The oil and gas and mining industries developed the practice of creating royalties that would run with the land. This led to the Supreme Court of Canada’s decision in Bank of Montreal v. Dynex Petroleum Ltd. Despite the decision in Dynex recognizing a new property right and changing the common law, the law remained unsettled until the Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc. and Manitok Energy Inc (Re) decisions apparently simplified the concept of royalties as property interests. In this article, the authors explore the overriding royalty, its common law evolution, the uncertainties surrounding its proper legal characterization, the implications of such legal uncertainty, and the shift the Dianor and Manitok decisions represent, while considering the nature of the interests that royalties represent, the manner in which industry has attempted to protect those interests, and the efficacy of such attempts.

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