Property Law 1 Assignment Essay Example | Topics and Well Written Essays - 2000 words

Property Law 1 Assignment - Essay Example Mitchell had with Alfie. However, Ian as the new freeholder of the property cannot repossess the leased property, unless Mr. Mitchell violates the terms of the lease such as (a) does not pay rent (b) the original lease with Alfie specifies that the lease can be ended before the specified 25 year period (c) refuses to carry out any obligations that are executed in the lease agreement between Alfie and Mr. Mitchell*2. However, there is one important clause that must be considered in the light of the Land registration Act of 2002 which became active in 2003. Since Mr. Mitchell has acquired the property after the date of the new Registration Act, Alfie should have registered the lease title in favor of Mr. Mitchell*3. In fact, since the duration of the lease period is for 25 years, registration would have been mandatory even before the new Act. Hence, the first factor to be explored is whether or not Alfie and/or Mr. Mitchell have registered Mr. Mitchell’s term of lease absolute. In the event this has not been done, Ian will be under no obligation to allow Mr. Mitchell to remain except on renegotiation of new terms. But since Mr. Mitchell has paid some consideration in order to acquire a lease on the property, he will be entitled and within his rights to retain his possession of it and his lease allows him the right to peaceful possession and enjoyment of the outbuilding on which he holds a lease. Although he possesses the outbuilding, this is not a separate property but will be a part of the Albert Court property depending upon the legal description of the property and its boundaries as they have been spelt out in the title deed. Miss Watt’s term of tenancy is however a short term. The terms of the Land registration requirements under the new Act of 2002 will apply in her case*4. The new Law requires that all new tenancies of any length that start more than three months after the date