Property Trusts Essays
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‘Beneficial’ Interest in Law of Trusts and Third-Party Contracts
Example essay. Last modified: 20th Jun 2019
The term “beneficial interest” is difficult to define precisely because it consists of a combination of the law of obligations and the law of property....
A Problem Question in Property Law
Example essay. Last modified: 27th Jun 2019
Where two or more beneficiaries have a right to occupy, trustees may exclude or restrict the entitlement as long as they act reasonably in doing so....
An Analysis of a Housing Lease Agreement
Example essay. Last modified: 2nd Jul 2019
Lease agreement The contract selected here is lease agreement which is a contract between two parties in which the landlord gives right to tenant ......
Case Study in the Context of Lease Agreement of Commercial Property
Example essay. Last modified: 21st Jun 2019
This essay examines two questions in a given case study in the context of lease agreement of commercial property. First, it advises th......
Charities Form a Unique Category
Example essay. Last modified: 21st Jun 2019
Charities form an unique category as they are public trusts which don’t have any beneficiaries. Charities must use the charity’s property for a “charitable purpose” which must be for the benefit of the benefit...
Christian Law of Succession in Indian Law
Example essay. Last modified: 26th Aug 2021
Before venturing into a discussion on the Christian Law of Succession, we would do well to first make a preliminary study of what exactly succession is. Succession, in brief, deals with how the property of a deceased person devolves on his heirs. This property may be ancestral or self-acquired, and may devolve in two ways:...
Common Property Resources in Indian Context
Example essay. Last modified: 30th Jun 2019
Common Property Resources are usually non-exclusive resources to which rights of use are distributed among a number of co-owners, generally identified by their membership in a community or a village....
Constituting a Trust: The Certainty Test
Example essay. Last modified: 3rd Jul 2019
If the mansion is his residence and if he puts it on a trust prior to his death via a Inter Vivos trust, his tax liability would be substantially reduced....
Constructive Trust
Example essay. Last modified: 3rd Jul 2019
The case concerned: Constructive trust, Common Intention, Detrimental Reliance, Quantification of Share, whether woman entitled to beneficial share......
Critically Analyse the Rationale of 'Overreaching'
Example essay. Last modified: 21st Jun 2019
This question asks for an explanation and analysis of the principle of overreaching and for a discussion of how overreaching seeks to balance......
Defined As the Grant of a Right to the Exclusive Possession of Land
Example essay. Last modified: 3rd Jul 2019
Nigel seeks my advice on the following problems he has experienced since he purchased the freehold on a large Victorian house in Harpenden. The title to.....
Defining Intellectual Property Law
Example essay. Last modified: 25th Jun 2019
Critically Analyse The Extent To Which Intellectual Property Law Appropriately Balances The Needs Of Consumers, Creators / Innovators And The Public Interest....
Dishonestly Appropriates Property
Example essay. Last modified: 24th Jun 2019
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving them of it...
Distinction Between Fixtures and Chattels
Example essay. Last modified: 21st Sep 2021
Determination of fixtures and chattels using cases to illustrate the rule and any exemption of the two....
Duties, Discretions and Powers of Trustees
Example essay. Last modified: 9th Jul 2019
Duties and powers of a trustee are listed according to the proper law by which the trust is governed. Duties required for a trustee are set out by different jurisdictions which have their own legislation....
Equity Property Trust Essays
Example essay. Last modified: 3rd Jul 2019
Equity Property Trust Essays - Use Our Free Law Essays To Help You With Your Law Course...
Fault Definition: A Negligent or Intentional Failure
Example essay. Last modified: 2nd Jul 2019
Fault is an essential ingredient of tort law. Different torts bear different level of fault or no-fault. Negligence is the foundation of Tort law......
Foundation in Property Law
Example essay. Last modified: 24th Jun 2019
Property rights in land fall into two categories, 'legal’ and 'equitable’....
Freehold Estates
Example essay. Last modified: 2nd Jul 2019
In this scenario, all five properties are owned by Miss Stanfield as estates in fee simple absolute possession (freehold) . Therefore she is capable of granting leases for her freehold estates....
Freehold of a Large Victorian House
Example essay. Last modified: 2nd Jul 2019
Nigel has just bought the freehold of a large Victorian house in Harpenden from Meryl. The house is set back from the road which a wide forecourt in front. It also has a large garden at the rear backing onto Harpenden Common.......
Freehold or Leasehold Estate
Example essay. Last modified: 25th Jun 2019
An easement (e.g.) a right of way. Are rights one has over the land of another. Certain characteristics must be met for a right to be considered an easement....
Freehold Properties
Example essay. Last modified: 9th Jul 2019
All the five properties owned by Miss Stanfield can be classed as freehold properties as each property satisfies section 1(1)(a) Law of Property Act 1925....
Hindu Law and the Transfer of Property Act
Example essay. Last modified: 2nd Jul 2019
it gives an introduction to Hindu joint family and alienation of the property owned by them in a common ownership....
Implementation of Land Title Registration System in Malaysia
Example essay. Last modified: 11th Jun 2021
In this article, the authors first give an overview of the title registration system under the Malaysian land law. It then examines the implementation experience of title registration system in Malaysia and evaluates what lessons Hong Kong can learn in its future implementation of the title registration system....
Intellectual Property Law Problem Question
Example essay. Last modified: 30th Jun 2019
In advising Blondzone it will be established whether Blondzone owns the copyright of the literary, musical and artistic works of the song ‘I Can’t Believe You Sold Your Soul (But That’s The Way Life Goes) and the album cover....
Land Disputes
Example essay. Last modified: 3rd Jul 2019
The presumption that the law makes is that between buyer and seller ownership passes when they intend it to pass....
Land Registration Act 2002
Example essay. Last modified: 21st Jun 2019
Introduction The core aim of the Land Registration Act (LRA) 2002 is “to ensure that ownership of land in England and Wales takes the form of......
Latin Maxims in Property Law
Example essay. Last modified: 10th Jun 2019
Within this essay I intend to discuss the meaning of the Latin maxim, “cuius est solum eius est usque ad coelum et usque ad infernos”....
Law of Trust Distinguished
Example essay. Last modified: 5th Jul 2019
A trust is the creature of Equity and not of common law. Equity can be described as the body of rules which evolved from those rules applied and administered by the Court of Chancery before the Judicature Act 1873....
Legal Aspects of Product Design
Example essay. Last modified: 27th Jun 2019
Industrial Designs Act 2001 Lecturer : Joanna Joyce I declare that this work is entirely my own and has not been submitted for any other purpose....
Legal Methods and Analysis
Example essay. Last modified: 26th Jun 2019
Adverse possession is a cold and harsh instrument, and has come under constant attack over the last decade, and while it does not enjoy much......
Legal Principles in Tenancy and Licenses
Example essay. Last modified: 2nd Jul 2019
It is not always necessary for the party seeking to gain the equitable interest to have put any monies into the property at all....
Legal Rights and Equitable Interest in a Property
Example essay. Last modified: 2nd Jul 2019
This brief explores the claim by John Locke to having the right to property within their own person, and whether relationship is recognised at law....
Legalities of Joint Ownership
Example essay. Last modified: 2nd Jul 2019
There are two methods in holding the equitable estate for joint owners. The two methods either being a joint tenancy or a tenancy in common....
Maritime
Example essay. Last modified: 21st Jun 2019
civilian and common law are two different forms and action in rem of common law are represented, of course in another form, in civilian law....
Marketing and Image ‘Rights’
Example essay. Last modified: 26th Jun 2019
The all-encompassing use of digital technology has stranded the world of Intellectual property rights at crossroads. As a consequence the ......
Mortgage Is ‘Security for a Loan’
Example essay. Last modified: 27th Jun 2019
In the event of the mortgagor’s default, mortgagee has rights to protect and enforce his/her security. The mortgagee has five remedies against......
Mortgages Have Attracted the Attention
Example essay. Last modified: 2nd Jul 2019
the Courts and the Parliament in seeking to protect the interests of the mortgagor. Select either historical or contemporary measure/s taken by......
Northern Ireland, A Freehold Estate
Example essay. Last modified: 2nd Jul 2019
Discuss, with reference to relevant NI legislation and case law. Any type of an estate in land can be divided into two general categories, these......
Offer and Acceptance
Example essay. Last modified: 28th Sep 2021
A summary of the essential elements required to form a contract and an explanation of each of the elements....
Overriding Interests Do Not Appear on the Register
Example essay. Last modified: 30th Jun 2019
The above quotation is an extract taken from the consultative process the Law Commission established in 1996, with an intention to modernise the ou...
Part A – Case Note
Example essay. Last modified: 27th Jun 2019
CITATION Miller v. Jackson [1977] 1 QB 966 Court of Appeal – three Lords Justice, Lord Justice Denning as Master of the Rolls (M.R.), Lord Justic...
Passing of Property and Risk
Example essay. Last modified: 2nd Jul 2019
In Mr Gregson’s interest it is important to know if the property in the goods in question had passed to the buyers in their respective situations and with which party was the risk present....
Possession of the Cottage
Example essay. Last modified: 23rd Nov 2020
The bank is now seeking possession of the cottage (“the house”) with the view of selling it upon Joey’s default on the mortgage payment....
Private Nuisance and its Boundaries
Example essay. Last modified: 2nd Jul 2019
A person is guilty of committing private nuisance who does any act, or is guilty of an illegal omission, which is an unlawful interference with a persons use or enjoyment of land, or some right over it......
Property Carries With it Certain Basic Rights
Example essay. Last modified: 30th Jun 2019
Ownership of the property carries with it certain basic rights, such as a right to have the title to the property, a right to possess and enjoy it to the exclusion of everyone else, and a right......
Property Fiduciary Capacity
Example essay. Last modified: 2nd Jul 2019
Property Fiduciary Capacity. A fiduciary is someone who has fiduciary obligations; the obligation to act loyally to the principal to whom one is a fiduciary. The rule is applied strictly and is incontestable but questions...
Property Law Example Final Exam Answers
Example essay. Last modified: 1st Sep 2021
In the facts Harry has clearly been given a mortgage from Albus on the grounds of faith and blind trust in order to purchase the property of Grimmauld Place, and Albus would have held an interest in the property as a security for the amount of $500,000 only if he registered the mortgage officially....
Property Ownership
Example essay. Last modified: 2nd Jul 2019
If it was a legal ownership in one’s party name and if the title documents include declaration of trust then it is conclusive but if not, it will be argued as followed....
Property Ownership in Joint Tenancy Rights
Example essay. Last modified: 27th Jun 2019
In order to advise, it is necessary to look at the relationship that existed between the four of them and their entitlement to a share of the property....
Property Rights of Women
Example essay. Last modified: 2nd Jul 2019
In this project, I shall focus on the 174th Law Commission report along with property rights of women in Hindu Law. The project shall be divided into two sections and a conclusion....
Proprietary Estoppel Purchasers and Mortgagees
Example essay. Last modified: 3rd Jul 2019
Case law (in particular, Ramsden v Dyson (1866) LR 1 HL 129, 170, per Lord Kingsdown, and Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd...
Purchaser Register Property
Example essay. Last modified: 27th Jun 2019
Purchaser Register Property - Overriding interests are a major hazard for any purchaser of a registered title......
Reckless Behaviour and Criminal Damage and Arson
Example essay. Last modified: 9th Feb 2021
The issue in this case is whether the potential defendant (Dot) can be convicted of a simple criminal damage and arson under section 1(1) and ......
Reform Criticized Application of Property Law
Example essay. Last modified: 26th Jun 2019
Reform is long overdue of the much criticized application of property law to cohabitants who share a family home (both married and unmarried, opposite and same sex)....
Registration of Property
Example essay. Last modified: 9th Jul 2019
First registration operates after there has been a transfer of the legal title and normally takes place as a result of the provisions for......
Relationship of Trust with Ogbolo
Example essay. Last modified: 14th Aug 2019
In a summary the facts of the case are that Gari, a settlor had the intention of entering a relationship of trust with Ogbolo, his brother as the trustee and have as beneficiary of that trust Melechi-Ede....
Restitution Property Possession
Example essay. Last modified: 27th Jun 2019
Restitution Property Possession - The law of restitution means the return of property to the owner or person entitled to possession. If one person has been unjustifiably received either property or money from another......
Rights of the True Owner
Example essay. Last modified: 30th Jun 2019
Conversion is defined as an intentional dealing with goods in such a way that inconsistent with the rights of the true owner....
Rose Has Any Proprietary Rights
Example essay. Last modified: 27th Jun 2019
Firstly it must be considered whether Rose has any proprietary rights....
Sales by a Non-Owner
Example essay. Last modified: 14th Aug 2019
Sales by a Non-Owner. Does the present law relating to sales by a non-owner strike a fair balance between the interests of the original owner of goods and someone who in good faith has bought them from a non-owner who had no authority to sell them?...
Stem Cells: Murder or Savior?
Example essay. Last modified: 29th May 2019
Stem cell research. Straightforward words that mean a lot more than a newfound field in the scientific field. Stem cells have the chance to change everything that we know in the medical field......
Telford's Gifts
Example essay. Last modified: 27th Jun 2019
In order for Telford’s gifts to be valid it is first important to mention that the creation of a trust will depend on whether Telford has the right to hold and dispose of a legal/equitable interest in property....
The Buyer in Possession Exception
Example essay. Last modified: 30th Jun 2019
This assignment questions is mainly concerned with the transfer of property/title by a non-owner, or a person with a defective title, which is fundamentally governed by the Sale of Goods act 1979 under sections 21- 26....
The Creation of Property Rights in Land
Example essay. Last modified: 30th Jun 2019
[Section 53] does not affect the creation or operation of resulting, implied or constructive trusts. This statutory footing gives the ......
The Difference Between Common Intention Constructive Trusts and Propriety Estoppels
Example essay. Last modified: 3rd Jul 2019
This essay will explain the relationship between common intention constructive trusts and proprietary estoppels and whether or not it can be stated......
The Distinction Between Leases and Licences
Example essay. Last modified: 27th Sep 2021
An explanation of the difference between a lease and a licence according to The Property Act 1925....
The General Rule in Probate Law
Example essay. Last modified: 3rd Jul 2019
According to the general rule in Probate Law, a testator who wishes to leave property in a trust after his death must express his intention in a will. A secret trust arises when a testator wishes to leave property to a beneficiary...
The Ghosh Test for Dishonesty Has Attracted Many Critics
Example essay. Last modified: 26th Aug 2022
One example is Professor Griew, author of “The Theft Acts 1968 and 1978 (7th edn, 1995) Some commentators argue that it creates a “Robin Hood......
The Law of Equity and Equitable Remedies
Example essay. Last modified: 1st Sep 2021
The law of equity began in the court of chancery which was set up because a fair and just remedy could not be given through common law as monetary compensation was not suitable and sometimes a well deserving plaintiff was denied because the writs where quite narrow and rigid....
The Law of Implied Trusts of the Home
Example essay. Last modified: 26th Jun 2019
The significant of the decision, the extent to which it represents a new way of dealing family homes and its subsequent interpretation are all considered throughout the paper and in the final conclusion....
The Law of Property Act
Example essay. Last modified: 3rd Jul 2019
The introduction of the Law of Property Act 1925 and the system of land registration has solved the problems that existed prior to this date and has made the transfer of land much simpler....
The Law Surrounding Privacy in the UK Is Complex
Example essay. Last modified: 2nd Jul 2019
UK common law has held that there is no tort of invasion of privacy, even at the lament of the courts and this has since be affirmed even in the......
The Main Categories of Constructive Trust
Example essay. Last modified: 9th Jul 2019
Constructive trusts exist where it is right that the owner of some property should not enjoy it personally, but should hold it on trust for another....
The Property of the Borrower
Example essay. Last modified: 3rd Jul 2019
There are two main issues to be discussed in the statement given by the question, (i) whether the Quistclose trust is a resulting trust, and (ii) the statement which states “it is a default trust which fills the gap when some part of the beneficial...
The Protection of Life and Property
Example essay. Last modified: 2nd Jul 2019
The protection of life and property is axiomatic in every civilized society and because it is impossible for the State to do so on every occasion – as law enforcement officers cannot be omni-present –, the individual is given the right...
The Purchase of Rose Cottage
Example essay. Last modified: 30th Jun 2019
This report relates to the area of property law, and summarises the details of the communications and disputes with regards to the purchase of Rose Cottage by Roberta, located in a small village called Little Hampden,...
The Rationale for Half and Fully Secret Trusts
Example essay. Last modified: 17th Jun 2019
The trust is ‘secret’ because, whereas the will is public, the terms of the trust are contained in another document which can remain private....
The Terms of the Trust
Example essay. Last modified: 3rd Jul 2019
In order to be a valid trust, the declaration of the terms of the trust must be certain. The settlor must declare the terms with sufficient ‘certainty’ so that the trustees know what they must to do, or the intended trust fails....
Theories of Property Law: Labour, Occupation and Economic
Example essay. Last modified: 11th Jun 2019
The State will suppress the civil liberties of the third person to the extent they fail within the scope of the property held....
This Party Claim in Property Ownership
Example essay. Last modified: 5th Jul 2019
We are specifically interested in the species of interests[2] which would not have to be registered and so could potentially be unknown...
Trust Law and Trustees
Example essay. Last modified: 3rd Jul 2019
Trust Law and Trustees. A trust is created by will in the same way as any other declaration of trust. Providing the requirements of section 53(1)(b) and (c) Law of Property Act 1925 are complied with......
Trust Properties
Example essay. Last modified: 3rd Jul 2019
In the scenario presented there are various trust properties that need to be examined, to see whether or not they have fulfilled the required formalities to create an express trust or whether they will pass through the testators will...
Trusts in the Family Home
Example essay. Last modified: 2nd Jul 2019
The law on constructive trusts in the family home context is permeated by a tension between the desire of the courts to achieve a result they......
Trusts Property and the Trustee
Example essay. Last modified: 9th Jul 2019
Trusts Property and the Trustee. The opening quotation can be said to identify one of the basic tenets of trust law in England and Wales. The trust is a creation of equity, and has developed over the centuries......
UAE Intellectual Property Rights Protection
Example essay. Last modified: 27th Jun 2019
This report studies the reality of United Arab Emirates (UAE) government initiatives towards Intellectual Property Rights (IPR) protection....
Valid Trust by Nominating Tilly
Example essay. Last modified: 27th Jun 2019
At issue is whether Alice has created a valid trust by nominating Tilly and Tessa as trustees, and her son Billy as a sole beneficiary of her house, Greenacre....
Voluntary Dispositions of Property
Example essay. Last modified: 3rd Jul 2019
The decision (in Pennington v Waine [2002] 4 All E.R. 215) appears to give courts of equity an unfettered discretion as o whether a voluntary gift or trust should take effect...
Watts and Another v Morrow- [1991] 1 W.L.R. 1421
Example essay. Last modified: 3rd Jul 2019
The case was first brought to court in November 1987, after the claimant, Mr. and Mrs. Watts had discovered that the property they had purchased required repairs not mentioned by the defendant, a surveyor, in his report in August 1986 prior to their purchasing of the property at a cost of £177,500, £2,500 over the asking price....
Who Will Inherit Your Property?
Example essay. Last modified: 9th Jul 2019
I’m writing this letter consiquent to our meeting of 29-12-09 wherein you made the following requirements.You wanted to know who will inherit your property if you die without a valid will while still married to Romeo....
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