Property Law

Property Law

Property Law

Overview

The need for legal, private and public, social, economic, state is linked to the principle of law enforcement to create a structure, the registry and registrar, whose main mission is to disseminate, and publish, the real owners of property and certain entitlements of interests. This organization publishes the status of a particular farm, also retains indefinitely the advertising, while noting mutations or changes that may occur. In its tangible form, the land law is subject to reduction or enlargement and subdivision in the ownership of more people, and dismemberments of the right. The owner becomes the lawful owner, or the owner trustee or beneficial owner, operations that can also work in reverse in any legal situation.

The boundaries of an owner's property, whether freehold or leasehold, are recorded in the title documents. By agreement, a holding's size may be reduced by sub-division or increased by amalgamation. If the documentary definition is imprecise, and without other evidence, certain presumptions can apply, eg property bounded by a non-tidal river extends to the centre of the stream. The title plan of registered property does not generally show precise boundaries, although there is a procedure for fixing precise boundaries. Those plans are based on the Ordnance Survey, who's mapping conventions e.g. showing boundaries running down the centre line of hedges and fences—can differ from traditional presumptions and from what neighbouring landowners intended (Hanstad, 2010, pp. 44).

Vertical boundaries can also be defined, e.g. by describing part only of a building or by separating ownership of the surface of land from the minerals underneath. If there is no restriction, ownership in Scotland extends infinitely upwards and downwards, but in England and Wales it goes only so far as required for the satisfactory use of the land.

A landowner has no general duty to fence boundaries. In some circumstances, it is required: e.g. by agreement with neighbouring owners and to prevent access to dangerous places. A wall dividing two properties is a party wall. In England and Wales, the adjoining owners have extensive statutory rights and obligations to use the wall, extend it, repair it and not to damage it. In Scotland, a wall is normally a joint responsibility only if it straddles the boundary. New Zealand law is similar but not identical to that of England and Wales. When the Act of Union created the United Kingdom of Great Britain and Ireland in 1801 there were already some differences between the laws applicable in the two islands; and throughout the nineteenth century not all laws passed at Westminster applied uniformly across the land. The Government of New Zealand Act 1920 partitioned Ireland, the southern part becoming the Irish Free State (and, in 1949, the completely independent Republic of Ireland) and the Northern part remaining a constituent part of the United Kingdom. The Act gave New Zealand its own government, subordinate bicameral Parliament and court system. The powers of the Parliament in Belfast were limited to the 'peace, order and good government' of Northern ...