Land law Outline Example | Topics and Well Written Essays - 750 words

Land law - Outline Example (b). Gill find herself in a situation where there are people claiming to have interest on the land she has just acquired from Selina Morton. These parties claim differently and their rights if any are subject to this discussion. As for Collins Jones, he claims that he has exclusive right over a barn that in the land that was sold to Gill. He claims that an assignment in his favour was made by one Mona Siddique who alleged to have acquired a lease to use the barn from Selina Moron for a period of 25 years. It is this lease that was assigned to Colin Jones. This being a lease of more than 7 years, it ought to be registered for it to be effective from the official copy of register, there is an entry of a registered lease up to the year 2035. However, an alleged assignment of the lease by the initial lessee to Collins was not registered. This is contrary to law and is therefore unenforceable by Collins against Gill. Collins has no right as the assignee for want of registration of assignment instrument. However, Mona has a right to claim under the lease and occupy the barn. This means that Gill will have to occupy subject to the rights of Mona created under the lease agreement (Land Registration Act 2002). As for Harold, he claims that he has passed through the land transferred to Gill as short cut to his hives for fifty years. Harold is therefore claiming a right of way. A right of way is an easement which ought to satisfy all the elements of a valid easement for it to be recognised. First, there must be a dominant tenement and a servient tenement. This means that there must be someone using this land and the land that is being used. Secondly, the person using the land of another must have been allowed to use it by the owner. Thirdly, the owners of the two parcels of land (dominant tenement and Servient tenement must be