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Real Property, An Introductory Explanation Of The Law Relating To Land | by Alfred F. Topham



This book is intended primarily for students. So far as it deals with the law of the present day, the Author believes that it covers the whole ground, at any rate in outline, and will probably be found sufficient in itself for the purposes of the Law Special at Cambridge and other similar pass examinations.

TitleReal Property, An Introductory Explanation Of The Law Relating To Land
AuthorAlfred F Topham
PublisherButterworth & Co.
Year1908
Copyright1908, Butterworth & Co.
AmazonThe New Law Of Property

By Alfred F Topham, Ll.M. Of Lincoln's Inn, Barrister-At-Law Reader In The Law Of Real Property And Conveyancing To The Council Of Legal Education Formerly Whewell Scholar And Chancellor's Medallist In The University Of Cambridge

With Test Questions For The Use Of Students By F. Porter Fausset, B.A., Ll.B. Of The Inner Temple, Barrister-At-Law

By The Same Author.

Principles Of Company Law.

A treatise on the Law relating to Companies, including the Companies Act, 1907, with footnotes on recent practice and legislation, for the use of students and others who require an up-to-date and practical handbook.

Second Edition, 1908.

Price 7s. 6d.: for cash, post free 6s. id.

"The most lucid and complete exposition of the principles of Company Law which we have ever seen." - Financial News.

-Preface
This book is intended primarily for students. So far as it deals with the law of the present day, the Author believes that it covers the whole ground, at any rate in outline, and will probably be foun...
-Chapter I. Introduction
The law relating to land is the most difficult branch of English law, partly because it is peculiar to England and differs widely from any other system, and partly because it is founded upon ancient r...
-Section I. Ownership Of Land
Land cannot be owned by individuals. At the time of William I. all land was owned by the king, and in theory the same rule still applies (a). The rule underlies the whole of the English law of land ...
-Chapter II. Classification Of Tenure
In one sense all land is freehold, for each acre of land is owned by the Crown, and is held by one or more freeholders of the Crown. An estate in land (or in more popular language the land itself) is...
-Chapter III. Forms Of Tenure In Fee Simple. Section I. Socage Tenure
By far the most important and at the present day practically the only remaining form of tenure in fee simple is socage or lay tenure. At the present day a tenant in fee simple usually holds his land ...
-Section II. Military Tenure, Or Knight Service
The services due to the lord by a tenant in knight service were more burdensome than in socage. They comprised all the services due in socage, except quit rent, namely, fealty, reliefs, aids, escheat,...
-Chapter IV. Tenant In Fee Simple
A tenant in fee simple of land is now practically full owner of the land. History. - The grant of land to A and his heirs made A a tenant in fee simple; hut it did not make him an absolute owner of...
-Section I. His Right To Alienate
Originally a grant of land to A and his heirs meant what it said, viz. that A was to have the land while he lived, and that after A's death it should go to his heirs one after another for the life o...
-Section II. Mode Of Granting A Fee Simple
A grant of land to a person will not give him the fee simple unless it is granted to him and his heirs or to him in fee simple. At common law the word heirs was absolutely necessary; but now, b...
-Chapter V. Tenant In Tail
When land is granted to A in tail (a), or to A and the heirs of his body, A becomes a tenant in tail, and the land will go to the issue of A after his death. A's estate is called an estate tail,...
-Section I. History Of The Effect Of A Grant Of Land By X To "A And The Heirs Of His Body."
The intention of X was probably to give an estate to A which should descend to the children and descendants of A for ever; but from the earliest times A, with the help of his lawyers, was continually ...
-Section II. Present Law
By the same Act an entail may now be barred by a deed enrolled within six months in the Central Office of the Supreme Court. The old distinction between the powers of a tenant in possession and one n...
-Section III. The Modern Settlement
On the marriage of A, the land is granted to A for life with remainder to his eldest son in tail, with remainder to A's second son in tail and so on. When A has a son, B, B becomes tenant in tail, an...
-Section IV. General And Special Entails
So far we have dealt with a general entail only; that is a grant to A and the heirs of his body - without restriction as to the sex of the heirs, and without naming their mother. But land may be gr...
-Chapter VI. Tenant for Life. Section I. How A Life Estate Is Created
Land may be granted to A for his life, A then becomes a tenant for life, or a life estate may be created by a grant of land to A; for, as we have seen, if no words of limitation are added to a g...
-Section II. Powers Of A Life Tenant
A tenant for life has - (1) power to enjoy the land as he likes during his life, limited, however, by rules which prohibit waste; that is, prevent the life tenant from altering the nature of the la...
-Powers Of A Life Tenant. Continued
I. Power to Sell. The tenant for life may sell the whole fee simple. - (This is a striking exception to the rule that a man cannot sell more than he has got (gg).) (1) Provided he gives notice to th...
-Section III. Tenant "Pur Autre Vie."
We have seen that a tenant for life could always sell or convey his own estate or interest in the land, and that the purchaser or grantee thereby acquired an estate which would last so long as the ori...
-Chapter VII. Joint Tenants And Tenants In Common. Section I. Nature Of Joint Tenancy
When the same piece of land is held by several tenants at once, they are either joint tenants, or tenants in common. The chief difference is this, that when one joint tenant dies the whole land goes ...
-Section II. Severance
Any joint tenant may sever the joint tenancy, i.e. turn it into a tenancy in common. He may do this by (i.) an agreement to sever, (ii.) by a sale or transfer of his share to another person, or (iii....
-Section III. Partition
Any joint tenant has, since the time of Henry VIII., always had a right to have the land partitioned, i.e. to have it divided up so that each takes a specified part of the land as his exclusive proper...
-Chapter VIII. Actions For The Recovery Of Land
A person who claims land now commences an action by a writ, usually in the King's Bench Division, in much the same manner as most other actions. The action is usually called an action of ejectment,...
-Chapter IX. Equitable Estates. Section I. Before The Statute Of Uses
The rules of common law as to dealings with and rights in land, and the means by which it could be recovered, were very strict; for the common law courts followed precedents and refused to recognize a...
-Section II. The Statute Of Uses
Equitable estates were disliked by the great lords because they enabled services to be defeated and lands to be conveyed into mortmain. (c) This can now be done, without resorting to a use, by s. 50 ...
-Section III. Equitable Estates Since The Statute Of Uses
The Statute of Uses failed in its chief object, namely, to destroy equitable estates. This was due to the decision of the courts of law in Jane Tyrrel's Case (1557), Dyer, 155. Jane Tyrrel, in cons...
-Section IV. The Estate Of The Trustee
Death of a Trustee. - On the death of one of several trustees, the legal estate in the land passes to the other trustees. This is due to the fact that the land is always conveyed to the trustees as ...
-Section V. Different Kinds Of Trusts
Express Trusts are trusts expressly declared by the grantor, as in the cases mentioned above; but there are other trusts and uses which are not expressed, namely: - (1) Resulting use. This occurs, a...
-Chapter X. Alienation By Conveyance. Section I. History Of The Form Of A Conveyance
The history of a form of a conveyance is a matter of practical utility at the present day - for the old forms still appear in many abstracts of title (see p. 260) which have to be considered by practi...
-Section II. Present Form Of A Conveyance
The form of a conveyance at the present day is still deed of grant. The form which was in use after 1845 has been shortened in many ways by the Conveyancing Act, 1881. For instance - (i.) The word ...
-Chapter XI. Alienation On Death
Summary of the Present Law The Legal Estate. - The legal estate in all property (except copyhold lands and some other similar forms of property) now vests in the personal representatives of the decea...
-Section I. Freeholds
This chapter deals with the descent of the beneficial interest. Rules as to descent on intestacy apply only to estates of inheritance, that is to say, estates in fee simple or in tail, which go to th...
-Freeholds. Continued
Thus, suppose the great-grandfather on the father's side is dead without issue, and it is not known who was the great-great-grandfather, you cannot continue up the male paternal line. Then, by reason...
-Section III. Leaseholds
Leaseholds being personal property the following rules apply, namely - The Rules of succession on intestacy to personal property. Personal property goes to the next of kin (i.e. the nearest in relat...
-Chapter XIII. Wills Of Land
This chapter deals with the alienation by will of the beneficial interest in land (a). The modern law of alienation by will is contained in the Wills Act of 1837 (7 Will. IV. and 1 Vict. c. 26). The...
-Section II. Rules As To Construction
All rules of construction (i.e. for determining the meaning of wills) under the Act are subject to the exception unless a contrary intention appears in the will. The object of the Act is to ensure,...
-Section III. Life Estate By Implication
A rule of construction not depending on the statute may sometimes give a life estate to a person to whom nothing is expressly given by the will. This construction is only adopted where no other const...
-Chapter XIV. Alienation For Debt
If a tenant of land owes debts to other persons, it is of course always in his power to sell whatever interest he has and to pay the debts out of the proceeds. If, however, the tenant does not wish t...
-Section I. Liability Of Land For Debt During The Life Of The Tenant
(A) Judgment debts. - A person to whom the tenant owes money, cannot seize his lands until he has sued the tenant and the Court has given judgment in his favour against the tenant. He then becomes a j...
-Section II. On Death Of The Tenant
On the death of a tenant in fee simple any person who takes any beneficial interest in the land, either under a will or as heir, takes it subject to the debts of the tenant, until they have all been p...
-Chapter XV. Disabilities
The tenant in fee simple has so far been considered as being a man, over 21 and in possession of his senses. But the rights and powers of a tenant in fee simple may be restricted or modified by reason...
-Chapter XVI. Married Women. Section I. Rights Of The Husband Over The Property Of His Wife During Her Life
At the present day these rights depend upon whether the marriage took place before or after the 1st of January, 1883. (A) Common Law. - This still applies in respect of any property acquired before t...
-Section II. Rights Of The Husband After The Death Of The Wife
A. Common Law. - This still applies (1) if the marriage took place before 1883 and the property was acquired before that date; or, (2) if the wife dies intestate. (1) Heal Property. Estate by the Cu...
-Section III. Rights Of The Wife To The Property Of Her Husband
During the life of her husband the wife has no rights over his property, real or personal. On the death of the husband. - If the husband makes a will he may dispose of all his property real and perso...
-Section IV. Present Effects Of The Rule That "Husband And Wife Are One In Law
In the cases where the Act of 1882 applies the rule has lost much of its meaning. In criminal law it still exists; thus a husband and wife cannot alone be guilty of conspiracy. And it survives in one...
-Incorporeal Hereditaments
Arrangement Of Chapters XVII-XXIII Future Estates. - The estates dealt with in the earlier part of this book have been estates in possession. The rights of a tenant in fee simple or in tail or a tena...
-Chapter XVII. The Rule Against Perpetuities
The rule very roughly stated is this, that you cannot at this moment tie up property for longer than the lives of persons now living and 21 years after their deaths. The history of the rule shows tha...
-Chapter XVIII. The Rule Against Accumulation
The rule against perpetuities determines how long land can be tied up in such a way as to prevent the fee simple itself from being freely alienable. The rule against accumulation determines how long ...
-Chapter XIX. Classification Of Future Estates
I. A reversion (a) is a future estate in land which reverts or returns to the person who originally had the fee simple or to his heirs. Thus A is tenant in fee simple of land, and grants it to B fo...
-Chapter XX. Reversions
When a tenant in fee simple grants a particular estate to another, and retains the rest of the fee simple himself, the person who holds the particular estate holds it as tenant of the grantor. Hence i...
-Chapter XXI. A Vested Remainder
A vested remainder is, as we have seen, similar to a reversion, except that it does not go back to the grantor and there is no tenure. The following rules are the same in both cases. 1. The rule as ...
-Chapter XXII. Contingent Remainders
The rules governing the creation of contingent remainders were of gradual growth, and up to the year 1845 were entirely common law rules. These common law rules still govern contingent remainders, an...
-Chapter XXIII. Executory Interests. Section I. Forms Of Executory Interests
An executory interest is any future estate in land which is not a reversion or a remainder. At common law, therefore, such estates were impossible, for the fee simple could not be granted to a person ...
-Section II. Powers Of Appointment
Executory interests are frequently created by means of powers of appointment: that is, by giving to some person the right to take the land away from one set of persons and give it to others. Thus, a ...
-Section III. The Rule Against Perpetuities As Affecting Powers Of Appointment
1. General Powers. - The object of a general power is to enable land to be freely sold or other- (e) See more fully Goodeve, pp. 276-278. (f) Conveyancing Act, 1881, s. 52. (g) Re Eyre, 49 L. T. N....
-Section IV. Fraud On A Power
If the appointor appoints the land to some person who is an object of the power, but for the purpose of benefiting himself or with some other ulterior purpose, not for the benefit of the object of the...
-Section V. Defective Exercise Of A Power
If the appointor exercises the power in the wrong manner, the appointment is void. But the Court of Chancery will give effect to the appointment if - (1) The defect is merely formal, and (2) The app...
-Chapter XXIV. Uses To Bar Dower
It is no longer necessary to convey lands to a husband in such a way as to defeat his wife's right of dower, except in the. very rare case of a man who was married before 1833, and whose wife is still...
-Chapter XXV. Rights Over Land In The Possession Of Others. Section I. Nature Of Incorporeal Hereditaments
Future estates in land are incorporeal hereditaments which may at some future date become corporeal hereditaments, that is, estates in possession. There are other incorporeal hereditaments, which can...
-Section II. Rents
Rents are of many kinds. (1) Rent service is the rent paid by a tenant of land to his landlord. Whenever rent is paid by a tenant for years or for life, or a larger estate, to the person who has the...
-Section III. Easements And Profits
(a) Easements. - An easement is a right to use the land of another for a certain purpose without the right to take anything from the land. Examples. - Eights of way, rights to carry water across land...
-Section IV. Advowsons
I. Advowson of a Rectory. - An advowson of a rectory is the right to appoint a rector of a parish who will receive the tithes and perform the duties of the church. If a lord of a manor built a church,...
-Chapter XXVI. Copyholds. Section I. History Of Copyholds
Copyhold tenure is founded on immemorial custom. The freehold is vested in the lord of the manor. In theory the tenant holds the land at the will of the lord; i.e. the lord could in theory turn him ou...
-Section II. Transfer Of Copyholds
Copyholds are transferred by a surrender of the land to the lord and an admittance by him of the new tenant. The surrender and admittance take place in the lord's court (a); the tenant hands a rod (re...
-Section III Estates In Copyholds
I. Fee Simple. - A fee simple estate in copyholds can be transferred by the tenant during his life, or by will, and if he dies intestate it descends to his customary heir. (a) This is now frequently ...
-Section IV Enfranchisement Of Copyholds
A copyhold estate can be turned into a freehold estate by enfranchisement. (1) At common law. - This can only be done if the tenant and the lord of the manor agree to enfranchise the land. The lord ...
-Section V. Death Of A Copyhold Tenant
As a general rule copyholds pass on the death of the copyhold tenant in. the same way as freeholds: they may be devised by will, and pass to the heir on intestacy, and are subject to the debts of the ...
-Section VI. Contingent Remainders Of Copyhold Lands
The same rules apply as in the case of freeholds, except that contingent remainders of copyhold were never liable to be defeated by merger, surrender or forfeiture of the life tenant's estate: for the...
-Chapter XXVII. Leaseholds
Leaseholds are estates created for a fixed term, or for a term which is limited to come to an end at or before some fixed date. Thus, an estate for 1000 years is merely a leasehold, and so is a gift ...
-Section II. Creation Of Leases
A lease for three years or less may be created verbally or by writing, provided the rent is substantial, that is, at least two-thirds of the full annual value of the land. All other leases must be by...
-Section III. Termination Of A Lease
(1) By notice. - A tenancy at will may be determined at any time by notice. A tenancy from year to year may be determined at the end of any year by notice if given within the proper time (see p. 194)...
-Section IV. Transfer Of Leaseholds
(a) Assignment. - When the tenant transfers his whole interest in the lease, he is said to assign it. Thus, in 1880 A granted land to B for 50 years. In 1900 B transferred the residue of the term of ...
-Section V. Covenants Which Run With The Land
I. Personal covenants never pass. - If the lease contains covenants which do not refer to the land which is leased (or demised), and are merely personal to the lessees, and the lessee transfers the ...
-Section VI. Succession To Leaseholds On Death
Leaseholds being personal property have always vested in the personal representatives on the death of the lessee. They are freely transferable by will, but if the tenant dies intestate, his interest i...
-Section VII. Long Terms Of Years
Long terms, usually for 300, 500, or 1000 years are most frequently found in marriage settlements. As we have seen, the land is usually settled on the father for life, with remainder to his eldest so...
-Long Terms Of Years. Continued
By the Conveyancing Act, 1881 (s. 65). - When a person holds a term of years which (1) was originally created for at least 300 years, and (2) has at least 200 years still to run, and (3) is subject to...
-Chapter XXVIII. Chattels Which Descend As Land
Heirlooms. - Heirlooms are chattels which, by force of a special custom, descend with laud, e.g. Crown jewels. Thus, heirlooms cannot, as a rule, be created now, for a custom is not binding unless it...
-Chapter XXIX. Mortgages. Section I. Form And Effect
A mortgage is a transaction by which a tenant of land can borrow money on the security of his land. The borrower is called the mortgagor. The lender is called the mortgagee. The safest and most usu...
-Section II. Rights Of The Mortgagee
The mortgagee has five ways in which he can enforce repayment. I. Sue on the personal covenant. - The mortgagor, as we have seen, covenants in the mortgage deed that he will re-pay the money lent wit...
-Section III. Rights Of The Mortgagor
The mortgagor is usually allowed to remain in possession; but he has no right to possession, if the mortgagee chooses to enter. The mortgagor has a power to redeem his land (kk) at any time on paymen...
-Section IV Death Of The Mortgagor
The equity of redemption of a mortgagor is an equitable estate in the land (m). It is real property and descends to the heir of the mortgagor if he dies intestate. The Heir takes the Land subject to ...
-Section V. Death Of The Mortgagee
(A) On the Death of a Sole Mortgagee. - The estate of a mortgagee is personal property even if he has the legal estate in fee simple vested in him, and on the death of a sole mortgagee after 1881, his...
-Section VI. Transfer Of Rights
Transfer by Mortgagor. - A mortgagor can transfer his equity of redemption to another. If so, he conveys the land to the transferee in fee simple, subject to the mortgage debt. He cannot, however, g...
-Section VIII. Equitable Mortgages
Money can be secured on land without conveying the legal estate to the lender. This does not give the lender any rights against the land at law; but in equity he has always had a charge on .the land. ...
-Section IX Priorities
(1) As between Equitable Mortgagees. - If a tenant of land creates several equitable charges on his land, the mortgagee who obtained his charge first has a right to be paid first. The maxim Qui prior...
-Section X. Consolidation
When two or more pieces of land are mortgaged for separate amounts by separate mortgages, the borrower is now entitled to redeem each mortgage separately, unless (1) both pieces of land belong to the...
-Section XI. Mortgage Of Leaseholds
A lessee of land who pays rent which is less than the full annual value of the land has a valuable estate in the land, and he can borrow money by mortgage of his interest. A mortgage of leaseholds is...
-Section XII Mortgage Of Copyholds
The mortgagor surrenders his estate to the use of the mortgagee, or covenants that he will surrender it to him; but the mortgagee is not usually admitted, unless he wishes to foreclose. The reason fo...
-Chapter XXX. Limitation
If a person allows a stranger to remain in possession of his land for 12 years without payment of rent, and not under a lease, the stranger becomes entitled to the land. This is the joint effect of t...
-Chapter XXXI. Prescription
The difference between limitation and prescription lies in this: Limitation applies to a claim to possession of the land itself. Prescription applies to a claim to some right over land in the possess...
-Chapter XXXII. Contracts for The Sale Of Land
A contract for the sale of land may be a very simple matter; it must be in writing, but otherwise there is no special formality required. So also, the conveyance requires simply a deed executed by the...
-Section I. An Open Contract
When nothing is said as to the way in which the seller shall prove his title, and the contract for sale merely fixes the price which is to he paid for a certain piece of land, it is said to be an open...
-An Open Contract. Part 2
(b) Engel v. Fitch (1869), L. R 4 Q.B. 659. Rules as to Mode of Proof. I. He must deliver an abstract showing all the dealings with and the history of the land for a certain period. The buyer canno...
-An Open Contract. Part 3
VI. He must show that all the documents have been properly stamped, and, if not, must get them stamped. A document which is not properly stamped cannot be put in evidence in any proceeding, and is th...
-Section II. Particulars And Conditions Of Sale
When land is sold by auction it is described to the persons who attend the auction by means of printed Particulars. The following is a specimen form: - PARTICULARS OF VALUABLE FREEHOLD PROPERTIES T...
-Particulars And Conditions Of Sale. Continued
9. Such of the documents of title in the possession of the Vendor as relate exclusively to any lot shall be delivered to the Purchaser of that lot. Such as relate to more than one lot, but not to prop...
-Section III. Sale By Private Contract
If the land is not sold by auction but privately, the parties usually fix the price by negotiation and then proceed to draw up a formal contract, as the seller does not wish to prove his title as stri...
-Section IV. The Abstract
When the contract of sale has been signed in one of the ways mentioned above, the seller sends to the buyer (or his lawyers) an abstract of his title, containing the history of the land. Form Of Abst...
-Section V. Requisitions And Replies
If the buyer's solicitor or counsel discovers any apparent defects in the title, or any facts which require proof, he deals with them by means of requisitions, which are sent to the seller's solicitor...
-Section VI. The Conveyance
The buyer's solicitor or counsel prepares a draft conveyance, in which he must take care to provide for an effectual conveyance to the (t) If she was married before 1st January, 1883,and acquired t...
-Chapter XXXIII. Covenants for Title
Even after the most careful investigation the buyer cannot be perfectly sure that he is acquiring a good title to the land, and, if the title is bad, he may lose the land and has no right of action ag...
-Chapter XXXIV. Registration. Section I. Registration Of Incumbrances And Claims Against Land
By various Acts of Parliament, most of which are now to a great extent superseded by the Land Charges Act of 1900 (a), the following claims against land must be registered (A) in the office of land r...
-Section II. Registration Of Deeds And Oilier Documents
In the Counties of Middlesex and Yorkshire (f) all deeds and wills affecting lands should be registered in the County Registers. The title of the owner is not registered under these Acts: but each de...
-Section III. Registration Of Title
1. Voluntary. - By the Land Transfer Acts, 1875 and 1897 (l), the owner of land may be registered as the proprietor of that land, and may (/) And in the Bedford Level. (g) 7 Anne c. 20, s. 1, and 47...
-Chapter XXXV. Death Duties
On the death of a person entitled to property the following duties are now payable. 1. Estate duty on the whole estate, varying in amount according to the value of the estate. 2. Succession duty on ...
-Chapter XXXVI. Principal Statutory Provisions Relating To Real Property (A)
1285. 13 Ed. I. c. 1. De Bonis, Created estates tail - see p. 28. 1290. 18 Ed. I. c. 1. Quia Emptores. Abolished subinfeudation - see p. 13. 1536. 27 Hen. VIII. c. 10. Statute of Uses. Discussed ...
-Principal Statutory Provisions Relating To Real Property (A). Part 2
S. 2. No claim which may be lawfully made at the common law by custom prescription or grant to any way or other easement or to any watercourse or the use of any water to be enjoyed or, derived upon ov...
-Principal Statutory Provisions Relating To Real Property (A). Part 3
S. 11. Provided always that any soldier being in Actual Military Service or any Mariner or Seaman being at Sea may dispose of his Personal Estate as he might have done before the making of this Act. ...
-Principal Statutory Provisions Relating To Real Property (A). Part 4
1869. 32 & 33 Vict. c. 46. Hinde Palmer's Act. S. 1. In the administration of the estate of every person who shall die on or after the 1st day of January 1870 no debt or liability of such person ...
-Principal Statutory Provisions Relating To Real Property (A). Part 5
(B) In a conveyance of leasehold property for valuable consideration other than a mortgage the following further covenant by a person who conveys and is expressed to convey as beneficial owner (namely...
-Principal Statutory Provisions Relating To Real Property (A). Part 6
(F) In any conveyance the following covenant by every person who conveys and is expressed to convey as trustee or mortgagee or as personal representative of a deceased person or as committee of a luna...
-Principal Statutory Provisions Relating To Real Property (A). Part 7
(i.) Notice requiring payment of the mortgage money has been served on the mortgagor or one of several mortgagors and default has been made in payment of the mortgage money or of part thereof for thre...
-Principal Statutory Provisions Relating To Real Property (A). Part 8
1882. 45 & 46 Vict. c. 39. Conveyancing Act, 1882. S. 10. (1) Where there is a person entitled to land for an estate in fee or for a term of years absolute or determinable on life or for a term of ...
-Chapter XXXVII. Forms Of Documents
Form I. Specimen Form Of A Mortgage Of Freeholds (A) this Indenture made the 14th day of December 1907 Between ARCHIBALD FITZGERALD of St. James Street in the County of London (hereinafter called th...
-Forms Of Documents. Part 2
In Witness, etc. (as in Form I.) (c) (c) For other covenants and clauses which are frequently inserted see Encyclopaedia of Forms, vol. viii. p. 628. Schedule (Description of the Property) Form ...
-Forms Of Documents. Part 3
3. The premises hereby granted are hereinbefore limited to the use of the Trustees for the said term of rive hundred years Upon Trust that if there shall be any child or children of the said intended ...
-Forms Of Documents. Part 4
(5) The trustees may after the death of the said Arthur Smith or in his lifetime at his request in writing by the ways and means aforesaid or any of them raise any sum or sums of money not exceeding a...
-Test Questions Note
These questions have been drawn up with a view to assisting students in mastering the principles of the Law of Real Property, and in testing their knowledge of that subject by reference to the pages o...
-Test Questions Note. Part 2
8. Under what circumstances can trustees retire from a trust, and by whom can new trustees be appointed? 9. Distinguish, with examples, a resulting trust, an implied trust, and a constructive trust. ...
-Test Questions Note. Part 3
3. What are the exceptions to the rule against perpetuities? 4. What is the cy-pres doctrine and how is it applied in this connection? Chapter XVIII 1. What limits are placed by statute upon the ac...
-Test Questions Note. Part 4
10. Under what circumstances can a tenant under a long term of years change it into a fee-simple? 11. Explain the terms - tenancy by sufferance, tenancy at will, proviso for cesser, privity of estate...









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