Fundamentals land law striking balance

Where an individual owns rights over an area greater than he is in actual occupation of, Ferrishurst v Wallcite offers guidance.

sources of land law

However, a pattern of substantial absence will prove fatal to a claim of actual occupation. Such a law can be made only by the Parliament and not by state legislatures to maintain a uniform standard in entire nation Article Abnormal powers including imposing restrictions and regulations on the rights of the civilians, can punish the civilians and even condemn them to death.

Secondly, under s. Other successful interests include equitable leases and tenanciesestate contracts as options to purchaseand rights arising out of estoppel. In establishing the intricacies of actual occupation, the abundance of litigation under the Act provides guidance. It is now established that certain persons are excluded absolutely from actual occupation.

The notice approach also burdens occupiers, however, as failure to disclose interests when inquired revokes the right to receive overriding status. Justiciable, allowing persons to move the courts for their enforcement as they are defended and guaranteed by the Supreme Court Article 32if and when they are violated.

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Fundamentals of Land Law Essay