Land law coursework Essay Example | Topics and Well Written Essays - 1250 words

Land law coursework - Essay Example This certificate and the registration as the new owner of the property award him all the rights of the house (Dowden 4). His interests in this case are therefore beneficial interests since he is the proprietor of the instrument and hence the legal owner. In case of any court cases, the registration and the transfer of the certificate of registration and ownership will be proof enough of his binding interests in the property above all the others and it overrides the interests of all. Once the ownership rights have been transferred to him, it is up to him therefore to decide what to do with rest of the people who were intertwined with Abigail especially Thomas (her father) and Michael (the tenant). Thomas is a trustee of Abigail in the registered land and he therefore has his own overriding interests in the land and its instruments. His overriding interests in that property are brought about by the fact that the registrar did not record his interests or agreements with his daughter whe n transferring the property from Gareth and this is according to s 78 of the LRA 2002. Thomas assisted Abigail with one fifth of the payment money required to purchase Heavenly Mews and they drafted an express trust. The form of express trust drafted however was not revealed and hence the interest which Thomas has in the instrument is not known. There are different forms of trust which according to English Law may have been drafted in this scenario by the father and daughter. These trusts must have to mention the beneficiary since it is not a charitable trust that Thomas drafted with his daughter. The interest which Thomas may have on the property of Abigail being a trustee may however not be granted or addressed by the courts. This is because according to the Variation of Trusts Act of 1958, the court lacks power to consent trust ascertained to an individual who is suijuris that is the one who is above the age of consent and who is of sound mind like Abigail (Dowden 64). If the cas e of Savill v Goodall [1993] 1 FLR 755 is to be followed, then Thomas would have claimed his share of the money paid for the house since there was an express trust agreement. The fact that Thomas stayed on and off with his daughter Abigail before she sold the property does not have any effect on the interest according to the act and hence is also not admissible court. The interest therefore remains to be null and void unless Stephen who is the bona fide owner of the property instrument decides to share it or enter into joint tenancy or ownership with him (but it is not a must). The other person who may have an interest on the property once Abigail has sold it is Michael who was a tenant of Abigail for around two months before she sold the house to Stephen. There is no mention of any formality being written that explains the tenancy terms of Michael and Abigail. The case does not state whether the tenancy had commenced or it was to commence in less than three months. In the event tha t it was to commence in less than three months, then the interest will be considered as override interest. If the tenancy in this case was an actual occupation, Michael will have an interest according to Sch 3 para 2 as in the case Abbey National BS v Cann [1991]. If he has this interest, the Stephen will have to assume