22. The Creation of Mortgages

2019 ◽  
pp. 677-690
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Wide Range ◽  
Explanatory Text ◽  
The Creation ◽  
Definition Of ◽  
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 mortgage creation. It covers the definition of a mortgage; form of a legal mortgage of a fee simple before 1926; equitable right to redeem; equity of redemption; mortgagor retaining possession; legal mortgages after 1925 where land is unregistered; legal mortgages of registered land; charge by way of legal mortgage; types of mortgages; mortgages of leases; equitable mortgage by deposit of deeds (unregistered land); equitable mortgage of registered title (deposit of land certificate); and legal and equitable mortgages after 1989.

22. The Creation of Mortgages

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Wide Range ◽  
Explanatory Text ◽  
The Creation ◽  
Definition Of ◽  
Primary Materials ◽  
Land Types

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 mortgage creation. It covers the definition of a mortgage; form of a legal mortgage of a fee simple before 1926; legal mortgages after 1925; legal mortgages of registered land; types of mortgages; mortgages of leases; and equitable mortgages of legal estates.

18. Creation of Express and Implied Grant of Easements

2019 ◽  
pp. 558-580
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Wide Range ◽  
Explanatory Text ◽  
The Creation ◽  
The Law ◽  
Compulsory Purchase ◽  
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 rules on the creation of an easement. Topics covered include express grant of easements (and profits); express reservation of easements (and profits); implied grant of easements (and profits), which includes ways of necessity, intended easements, the rule in Wheeldon v Burrows and s62 of the Law of Property Act 1925; implied reservation of easements covering necessity and intended easements; exclusion of the rules providing for implied grant and reservation; compulsory purchase and the rules for implied grant; and simultaneous sales or bequests.

7. Trusts of Land

2019 ◽  
pp. 165-204
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Wide Range ◽  
Explanatory Text ◽  
Definition Of ◽  
Primary Materials ◽  
Trust Of Land

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 three types of trust under the old law which operated prior to the commencement of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). It also presents criticism of the old law governing bare trusts of land; criticisms of strict settlements and the Settled Land Act 1925; criticisms of the trust for sale; the definition of a trust of land; the need for two trustees for a trust of land; appointment, retirement, and removal of trustees; method of appointment of trustees; unanimity of trustees; the powers of disposition of trustees of land; the trustees' duties on exercising their powers; exclusion and restriction on trustees of land powers of disposition; and delegation of trustees' powers to beneficiaries.

11. Leases—The Basic Requirements

2019 ◽  
pp. 341-377
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Basic Principles ◽  
Wide Range ◽  
Explanatory Text ◽  
The Creation ◽  
The Law ◽  
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 basic principles of the law of leases. It covers the essential requirements for a lease; duration of leases and certainty of term; some concepts related to the law of leases; the distinction between leases and licences; how exclusive possession is defined; shared and multiple occupation cases; ‘sham’ tenancies and pretence clauses designed to negate exclusive possession; and formalities for the creation of leases.

9. Charitable trusts

2018 ◽  
Author(s):  
Richard Clements ◽  
Ademola Abass
Keyword(s):  
Public Benefit ◽  
Wide Range ◽  
Charity Commission ◽  
Complete Series ◽  
Explanatory Text ◽  
The Difference ◽  
Definition Of ◽  
Primary Materials ◽  
Sick Animal

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 on charitable trusts discusses the following: the legal and tax advantages of charitable status; the role of the Charity Commission; the legal definition of charity; the four heads of charity: poverty, education, religion, and other purposes beneficial to the community, such as help for the old and sick, animal welfare and recreation; the additional categories of charity introduced by the Charities Act 2011, the difference between the different public benefit requirements for different types of charity; and the basis of the cy-près doctrine.

3. Creation of Legal and Equitable Rights in Land

2019 ◽  
pp. 39-65
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Property Rights ◽  
Land Grant ◽  
Wide Range ◽  
Explanatory Text ◽  
The Creation ◽  
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 changes made by the 1925 legislation. It covers legal estate and interests prior to 1925; s1 Law of Property Act 1925; legal estates and interests existing after 1925; and equitable interests after 1925. The creation of legal and equitable property rights is discussed; also the creation and transfer of legal property rights; the creation of equitable interests in land by express trust; the creation of equitable interests by contract to convey or create a legal estate or interest; treating an informal grant of rights in land as a contract, thus creating an equitable interest in land; grant of an estate or interest by someone with only an equitable interest; and grants of interests which can exist only in equity.

7. Trusts of Land

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Wide Range ◽  
Explanatory Text ◽  
Definition Of ◽  
Primary Materials ◽  
Trust Of Land

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 three types of trust under the old law which operated prior to the commencement of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). It also presents criticism of the old law governing bare trusts of land; criticisms of strict settlements and the Settled Land Act 1925; criticisms of the trust for sale; the definition of a trust of land; the need for two trustees for a trust of land; appointment, retirement, and removal of trustees; method of appointment of trustees; unanimity of trustees; the powers of disposition of trustees of land; the trustees’ duties on exercising their powers; exclusion and restriction on trustees of land powers of disposition; and delegation of trustees’ powers to beneficiaries.

3. Creation of Legal and Equitable Rights in Land

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Property Rights ◽  
Land Grant ◽  
Wide Range ◽  
Explanatory Text ◽  
The Creation ◽  
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 changes made by and the effect of the 1925 legislation. It covers the types of legal estates and interests prior to 1925; s1 Law of Property Act 1925; legal estates and interests existing after 1925 and equitable interests after 1925. The creation of legal and equitable property rights is discussed. It covers the creation and transfer of legal property rights; the creation of equitable interests in land by express trust; the creation of equitable interests by contract to convey or create a legal estate or interest; treating an informal grant of rights in land as a contract, thus creating an equitable interest in land; grant of an estate or interest by someone with only an equitable interest; and grants of interests which can exist only in equity.

16. Tracing

2018 ◽  
Author(s):  
Richard Clements ◽  
Ademola Abass
Keyword(s):  
Common Law ◽  
Wide Range ◽  
Powerful Means ◽  
Bona Fide ◽  
Complete Series ◽  
Explanatory Text ◽  
Trust Property ◽  
Bank Accounts ◽  
Definition Of ◽  
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. Tracing is a powerful means of locating and then recovering trust property. Property may change hands, change into another form of property, be mixed with other property and even increase in value, and yet it can still be recovered, as long it is still identifiable. This chapter discusses the definition of tracing; common law tracing; equitable tracing; tracing against volunteers and bona fide purchasers for value; tracing into a mixed fund including bank accounts; and the principle that the wrongdoer spends his own money first.

18. Creation of Express and Implied Grant of Easements

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Wide Range ◽  
Explanatory Text ◽  
The Creation ◽  
Compulsory Purchase ◽  
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 rules on the creation of an easement. Topics covered include express grant of easements (and profits); express reservation of easements (and profits); implied grant of easements (and profits); implied reservation of easements; exclusion of the rules providing for implied grant and reservation; compulsory purchase and the rules for implied grant; and simultaneous sales or bequests.

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