Transfer of Property Law - Property Law Essays Transfer of Property Law 1. Marshall v Green – () L. R. 1 C. P. D. 35 In the case, the defendant purchased some growing trees, by word of mouth, on the terms that he would remove them as soon as blogger.comted Reading Time: 4 mins · Title: Issue of Overreaching and Overriding Interests in Modern Land Law Example essay. Last modified: 3rd Nov Introduction: In the registered land system, overreaching and overriding interests represent opposing trends in modern land law. While overreaching operates to benefit purchasers and mortgagees, they can be unfairly If an item is considered as treasure, it automatically becomes the property of the Crown, the act clearly states that all treasure which is found or uncovered is property of the Crown due to the statement in the bona vacantia which allows the Crown a right to all precious objects and by not submitting it to your local coroner could lead to a fine or even imprisonment
Transfer of Property Law - Property Law Essays
Marshall v Green — L. Later, when the defendant cut down some trees, the plaintiff countermanded the sale and prohibited the defendant from cutting the remaining. However, the defendant still cut them and carried them away. It was not denied by either party property law essay there was a verbal contract.
However, the question here was whether the contract property law essay required to be in writing under the Statute of Frauds. The issue was whether there has been a transfer of interest in land in which registration is compulsory or whether it was a mere sale of timber. The Court held that it was a contract of sale and there had been acceptance of the agreement. It was not required to be in writing. Transfer of interest in land- when sale is of something which is to derive benefit from the land and to become altered by virtue of what it draws from the land.
Shantabai v. State of Bombay — AIR SC This case was a landmark case that laid down the test to determine when timber trees are standing timber and when they are immovable property. In this case, the petitioner filed a writ petition under Article 32 of the Constitution of India claiming that her fundamental right to cut and collect timber in the forest in question has been infringed.
According to the deed, she had the right to enter upon certain restricted areas in the forests and cut and take out bamboos, fuel wood and teak. There was a prohibition on the felling of certain trees and a few other restrictions are also put on the cutting. The question was whether any proprietary interests or rights were conferred on the petitioner.
In this case, property law essay, the court held that although the document repeatedly calls itself a lease, it confers no rights of enjoyment property law essay the land. There is merely a right to enter the land and cut and carry away the wood. There was no transfer of a right to enjoy the land itself, it is conferment of right to enter the land and take away a part of the forest produce, property law essay.
In case of a lease, property law essay, a person has a right to enjoy the land but not take it away. However, profit a prendre is in contrast to this. In the latter case, a person has the license to enter the lands only to take away a part of the produce of the soil and not for the purpose of enjoying it.
Property law essay a tree draws sustenance from the soil it is immovable property. Bose J. But the amount of nourishment it takes, if it is felled at a reasonably early date, is so negligible that it can be ignored for all practical purposes The test here was whether it draws nourishment from the soil. State of Orissa v. Titaghur Paper Milss Co. In this case, the Orissa government and its sales tax department tried to tax transactions of severed bamboo.
The State contended that the subject matter was goods, so it had legislative competency. This was beyond the legislative competence of the state and hence, unconstitutional. Also, property law essay, the court held that it cannot be viewed as a composite agreement, one which relates to standing bamboos and is movable property and the other related to bamboos that will come property law essay existence in future. The right is integral and indivisible.
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occupancy of the property. (See Cunningham, Stoebuck & Whitman, The Law of Property (znd ed. ) 5 at ) Part (b): Mary's arguments that Sally cannot build her addition to her house The deed conveying the property from Donald to Mary did not contain any express language with regard to an easement However a good starting point is the partial definition of “land” in the Law of Property Act (LPA ) S (1) (ix) ; “Land includes any of tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way ” [ 1] If an item is considered as treasure, it automatically becomes the property of the Crown, the act clearly states that all treasure which is found or uncovered is property of the Crown due to the statement in the bona vacantia which allows the Crown a right to all precious objects and by not submitting it to your local coroner could lead to a fine or even imprisonment
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