23. The Remedies of Mortgagees

2019 ◽  
pp. 691-725
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Dwelling House ◽  
Wide Range ◽  
Statutory Power ◽  
Explanatory Text ◽  
Court Proceedings ◽  
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 remedies of legal mortgagees. These include action on a mortgagor’s covenant to repay; mortgagees taking possession; court proceedings for possession brought by mortgagee; mortgagee taking possession of a dwelling house; sale of the property where there is negative equity; court’s discretion to adjourn possession proceedings; the mortgagee’s statutory power of sale (when the power of sale arises, when the statutory power becomes exercisable, mortgagee’s duties on selling the property, the effect of sale); power to appoint a receiver; foreclosure; and remedies of an equitable mortgagee or chargee.

14. Termination of Leases

2019 ◽  
pp. 442-467
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Dwelling House ◽  
Wide Range ◽  
Explanatory Text ◽  
Court Proceedings ◽  
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 ways in which leases may terminate (natural expiry, giving of notice, merger, surrender, frustration, repudiatory breach by the landlord accepted by the tenant, and forfeiture); forfeiture of leases; modes of forfeiture; forfeiture of a dwelling house; waiver of forfeiture; relief from forfeiture for breaches for non-payment of rent; relief from forfeiture for a breach of covenant other than rent; forfeiture by court proceedings under s146 LPA 1925; remediable or irremediable breaches; relief to sub-tenants; and the Leasehold Property (Repairs) Act 1938.

11. Maintenance and advancement and protective trusts

2018 ◽  
Author(s):  
Richard Clements ◽  
Ademola Abass
Keyword(s):  
Wide Range ◽  
Statutory Power ◽  
Complete Series ◽  
Explanatory Text ◽  
Exercise Of Discretion ◽  
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 following: express powers of maintenance; exclusion of maintenance; the statutory power of maintenance; power to maintain infant beneficiaries, duty to maintain an adult beneficiary; accumulations; trust income; contingent pecuniary legacies; the power of the courts to award maintenance; the meaning of advancement; the statutory power of advancement; express powers of advancement; trustees discretion in granting maintenance and advancement; the courts’ power to authorize advancements; the exercise of discretion; and protective trusts and determining events.

23. The Remedies of Mortgagees

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Wide Range ◽  
Statutory Power ◽  
Explanatory Text ◽  
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 remedies of legal mortgagees. These include action on a mortgagor's covenant to repay; mortgagees taking possession; the mortgagee's statutory power of sale; power to appoint a receiver; foreclosure; and remedies of an equitable mortgagee or chargee.

11. Free movement of persons

2019 ◽  
pp. 522-582
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Free Movement ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Free Movement Of Persons ◽  
The Right ◽  
Primary Materials ◽  
The Eu

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 scope of the right of the free movement of persons in the EU; the relevant Treaty provisions and secondary legislation provisions regarding the free movement of persons in the EU; the specific rights granted to workers and EU citizens under their general right of free movement; and limitations on the rights of free movement as provided for in primary and secondary legislation.

7. Challenging EU action or inaction

2019 ◽  
pp. 312-355
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Member States ◽  
The Rule Of Law ◽  
Locus Standi ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Relationship ◽  
Primary Materials ◽  
The Eu

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 role of the Court of Justice in ensuring that the rule of law in the EU is observed both by Member States and EU Institutions. The chapter examines infringement actions under Article 258 TFEU, and financial penalties for Member States under Article 260 TFEU. The discussion of judicial review considers acts that may be challenged; who can bring an action under Article 263 TFEU; permissible applicants under Article 263 TFEU; non-privileged applicants; reforming the criteria for locus standi for non-privileged applicants. The chapter also explains the grounds for annulment; the effect of annulment; the plea of illegality; failure to act; and the relationship between Article 263 TFEU and Article 265 TFEU.

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.

21. Escaping from Restrictive Covenants

2019 ◽  
pp. 659-673
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Public Interest ◽  
Restrictive Covenants ◽  
Wide Range ◽  
Explanatory Text ◽  
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 various options available to developers whose plans are obstructed by restrictive covenants. It covers ignoring restrictive covenants; attempting to buy out the dominant owners; identifying who can enforce a restrictive covenant; obtaining a definitive list of dominant owners; modification or discharge of a covenant under s84(1) of the Law of Property Act 1925; grounds for discharge or modification of restrictive covenants (obsolete, obstructs some reasonable user of the land, practical benefit and public interest); and balancing interests of the parties.

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.

8. Co-Ownership of Land— the Basic Principles

2019 ◽  
pp. 205-258
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Twentieth Century ◽  
Basic Principles ◽  
Early Twentieth Century ◽  
Wide Range ◽  
Explanatory Text ◽  
Ownership Of Land ◽  
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 land co-ownership. It covers the two forms of co-ownership: joint tenancy and tenancy in common; the reform of co-ownership in 1925; joint tenancies in the early twentieth century; the current conveyancing practice to create an express trust; rules when there is no express declaration of a trust; resulting and constructive trusts; quantifying the beneficial interest under a constructive trust; severance of joint tenancies; and methods of severance.

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.

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