Property law coursework Essay Example | Topics and Well Written Essays - 1000 words

Property law coursework - Essay Example Crane Jr, because a covenant on registered land would be registered as well and not require a DII charge. The details of the charge need careful examination to determine any existing prior rights. Bearing these aspects in view, the existence of a CI land charge suggests that Mr. Crane’s right in the property may be in the nature of an equitable charge that is acquired by a tenant or statutory owner for life.3 There have been successive charges over this land, hence applying section 97 of the Property Act of 1925, any puisne mortgage existing in Mr. Crane’s favor will be determined by the order of registration, however the Land Charges Act4 would make such a mortgage void where a subsequent purchaser of the property is concerned. However, since Mr. Crane has registered the property and the deed exists, this problem may be averted. Section 53(1) of the now-repealed Law of Property Act of 1925 had clarified that no oral interests can be created in property. However Section 53(2) included the provision for the existence of a constructive trust arising in those cases where a former co-habitee asserts a beneficial interest arising out of an informal arrangement, such as that Ms. Chandra had with Mr. Crane, in providing funds for improvement of the property from her own savings. The Land Registration Act of 2002 which has replaced the Law of property Act of 1925 also includes a formality requirement of a signature, even for documents in the prescribed electronic format that are â€Å"to be regarded for the purpose of any enactment† as a deed.5 Ms. Chandra’s interest is not a legal one and may not fall under the category of protection of land charges.6 This could have entitled her to a second legal charge over the land, which would have been enforceable even in the cases of unregistered land, where the charge has not been registered as a class C1 charge7. She has been cohabiting with Mr. Crane and there is no special law that