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

Land law - Essay ExampleIn the field of study of William and Catherine, both of them hold a separate independence agreements to the airscrew, otherwise known as a independence to Occupy, which was for an unspecified short term. Since the agreement does not stipulate a fixed duration, it can be terminated at the will of the landowner, provided that the notice requirement under Article 4 (1) (2) of the Landlord and Tenant execution of 1954 has been satisfied. There is no scoopful possession in this kind of agreement as the evidencee does not bang exclusive occupation over the property. In fact, based on the agreement, at that place was a provision which allows Judith, the licensor, to interpose the flat and sh atomic number 18 the couples bedroom any time she wishes.This is merely a passing arrangement and cannot ripen to a full lease agreement. In the case of InEC counseling v United Kingdom(Case C-359/97) 2000 STC 777,804, the European Court held that The term letting of i mmovable property mustiness be construed strictly. TheCourt concluded, that the term letting of immovable property cannot be considered to cover contracts where, the parties have not agreed on any duration for the right of enjoyment of the immovable property, which is an essential element of a contract to let. While in the case of Timmons v. Cropper (40 Del. Ch. 29, 172 A.2d. 757, 759) License with respect to real property is a privilege to go on premises for a certain purpose, but does not operate to consider on, or vest in, licensee any title, disport, or estate in such property. In addition, Licenses to occupy are somewhat less than leases and do not grant possession or a legal interest in the land, which is the usual right of exclusive occupation. One example of a license is that of a boarder in a landlords home. The lodger has no exclusive possession of any part, and shares facilities. The landlord has total control though there is a small element of protection in that even residential licensees can draw in to the courts against summary eviction (Landlord Zone). Hence, Elizabeth has the right to enter the property at anytime she wishes and claim the character of the property world used by William and Catherine and revoke the license, provided the notice requirement has been sent to the licensors. In the case of the first al-Qaida of the property, since Philip was an employee of Judith who served as the handyman in the house, Philips stay in the property served as part of his bang benefits as an employee. As an employee, his stay in the house did not create exclusive use of that portion of the house where he is presently occupying, as evidenced by the key to the flat to do housekeeping. However, since the property was sold to a third party, the ownership and possession of the property has now been automatically transferred to the new owner, Elizabeth. Although there was no mention as to the term of the lease agreement, it is presumed that the owner can claim the property at anytime she wishes as she remains to be the owner of the property. The same treatment shall be applied to Beatrice, Judiths niece who was allow a gratuitous license to use the top flat for free since was unemployed. A gratuitous license is revocable by notice at any time (Duhaime). Lord Mackay Clashfern,Halsburys Laws of England has stated that A license is normally created where a person is granted the right to use premises without becoming entitled to exclusive possession of them. If the agreement is merely for the use of the property in a certain way and on certain terms while the property remains in the owners possession and control, the agreement operates as a license. It does not create any