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- English_land_law abstract "English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is a major part of the wider English property law. Ownership of land has its roots in the feudal system established by William the Conqueror after 1066, and with a gradually diminishing aristocratic presence, now sees a large number of owners playing in an active market for real estate. The modern law's sources derive from the old courts of common law and equity, legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002, and the European Convention on Human Rights. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates privileges over other people's claims, particularly if the land is sold on, the possessor goes insolvent, or when claiming various remedies, like specific performance, in court.The traditional content of English land law relates to property rights that derive from common law, equity and the registration system. Ordinarily, ownership of land is acquired by a contract of sale, and to complete a purchase, the buyer must formally register her interest with HM Land Registry. Similar systems run in Scotland and Northern Ireland. Around 18 per cent of land in England and Wales remains unregistered, so property disputes are still determined by principles developed by the courts. Human rights, like the right to a family life and home under ECHR article 8 and the right to peaceful enjoyment of possessions, under article 1 of the First Protocol, apply for everyone. Aside from sale contracts, people may acquire interests in land through contributions to a home's purchase price, or to family life, if the courts can find evidence of a common intention that this should happen. The law acknowledges a "resulting" or "constructive trust" over the property, and in recognition of people's social interests in their homes, as with a lease under 7 years length, these do not need to be registered. Third, people can acquire land through proprietary estoppel. If someone is given an assurance that they will receive property, and they rely on this to their detriment, a court may acknowledge it. Fourth, adverse possession allows people who possess land, without formal objection by the owner for at least 12 years, to take registered title. Multiple people can be interested in land, and it can be used in multiple ways. There could be a single freeholder, or people can own land jointly. The law closely regulates the circumstances under which each may sever or sell their share. Leases, and to some degree licenses, allocate the use of land to new owners for a period of time. Mortgages and other forms of security interest are usually used to give moneylenders the right to seize property in the event that the debtor does not repay a loan. Easements and covenants involve rights and duties between neighbours, for instance with an agreement that a neighbour will not build on a piece of land, or to grant a right of way.".
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- English_land_law quote ""...since sin was the initial cause of servitude, then it must be the case that, when this entire world was in sin, then this entire world was also in servitude and thraldom. But with the arrival of the Age of Grace, God ordained that some folk should be of higher degree than others and have authority over them, others should be of lower degree and obey their lord, but all of them properly served in his estate and in his degree. And therefore, in some countries, where slaves can be purchased, if they can be persuaded to become Christians they are set free. And it can certainly be said that a lord and his servants each owe something to the other."".
- English_land_law quote ""Anyone who lends money on the security of a matrimonial home nowadays ought to realise that the wife may have a share in it. He ought to make sure that the wife agrees to it, or to go to the house and make inquiries of her. It seems to me utterly wrong that a lender should turn a blind eye to the wife's interest or the possibility of it - and afterwards seek to turn her and the family out - on the plea that he did not know she was in actual occupation. If a bank is to do its duty, in the society in which we live, it should recognise the integrity of the matrimonial home. It should not destroy it by disregarding the wife's interest in it - simply to ensure that it is paid the husband's debt in full - with the high interest rate now prevailing. We should not give monied might priority over social justice."".
- English_land_law quote ""As soon as the land of any country has all become private property, the landlords, like all other men, love to reap where they never sowed, and demand a rent even for its natural produce. The wood of the forest, the grass of the field, and all the natural fruits of the earth, which, when land was in common, cost the labourer only the trouble of gathering them, come, even to him, to have an additional price fixed upon them. He must then pay for the licence to gather them; and must give up to the landlord a portion of what his labour either collects or produces. This portion, or, what comes to the same thing, the price of this portion, constitutes the rent of land ...."".
- English_land_law salign "right".
- English_land_law source "Adam Smith, The Wealth of Nations Book I, ch 6".
- English_land_law source "G Chaucer, The Canterbury Tales The Parson's Tale, §68".
- English_land_law source "Lord Denning MR in Williams & Glyn's Bank v Boland [1979] Ch 312".
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- English_land_law subject Category:Economy_of_England.
- English_land_law subject Category:Economy_of_Wales.
- English_land_law subject Category:English_property_law.
- English_land_law subject Category:Land_law.
- English_land_law comment "English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is a major part of the wider English property law. Ownership of land has its roots in the feudal system established by William the Conqueror after 1066, and with a gradually diminishing aristocratic presence, now sees a large number of owners playing in an active market for real estate.".
- English_land_law label "English land law".
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