Land Law Case Study

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Land is probably one of the biggest advantages that God has bestowed upon us human beings. However, there are other times that this benefit can cause problems for us which then involve the help of our legal system e.g. interference in the enjoyment of land, civil disputes on land, domestic disputes on land etc.
In Land Law, the fundamental principle is that all the land in England and Wales is owned by the Crown i.e. the Monarchy and the most that anyone can own is an ‘estate’. An estate or an ‘estate in land’ refers to the rights that a person owns over how to control his land and how to use his land; this person is known as the estate owner.
A mortgage is a loan given by a financial institution to help in the purchase of a house . The property …show more content…

However both George and Tony failed to abide by the rules of the property act that stated that all property agreement must be written. However this does not give George the mandate to shortchange his brother since all the legal documents are at his disposal. As much as people may argue that George is the legal owner, the court of law acknowledges oral agreements made between two individuals.
George’s act of taking a second mortgage without the consent of his brother Tony is a breach of their contract . By agreeing to register the property under his brother’s name, Tony was acting upon the goodwill and utmost faith and did not expect being shortchanged. Utmost good faith is a vital principle in property management. It involves disclosure of the contract terms to both interested parties. Failure to abide by the rules often leads to severe consequences. Before the signing of the agreement, each must understand the terms and conditions of the contract. The case of Yam Seng V. International Trade Corp demonstrated that the court honors the doctrine of good faith in statutory laws overseen by English Laws. In the case, Yam Seng (the claimant) claimed damages for a contract breach by International Trade Corp (the defendant). In 2009, the International Trade Corp awarded the Yam Seng to

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