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33
windows. The second is a rent-charge – someone's right to charge a landholder
a periodical sum of money. The third is a legal mortgage – an interest in prop-
erty given as a form of security to someone who has lent the landholder money.
If the money is repaid the interest ends. However, if the landholder fails to pay
his debt by a certain time, the money-lender, or mortgagee, may have the right
to take the property from the borrower, or mortgagor. Mortgages are very im-
portant in land law because when most people buy an initial house or apartment
they have to borrow a lot of money from a mortgagee such as a bank or a build-
ing society. The last legal interest is a right of entry. The right of a freeholder to
enter a lessee's property if he fails to pay rent is an example of a right of entry.
Land transfer
Someone who buys land needs to know exactly what rights and obliga-
tions are attached to the land. Although it is possible to deal directly with the
seller, most people employ a solicitor to handle the complicated business of land
transfer, known as conveyancing. In fact, even after the simplifications of 1925,
which reduced the system to two kinds of legal estate and four kinds of legal in-
terest, there still exist many kinds of "equitable" interest (see previous chapter)
which the buyer and seller need to know about. For example, even if the free-
hold you want to buy is registered in the name of only one person, you should
make sure the spouse of the freeholder does not have the right to continue living
in the property after it has been sold!
When investigating the rights attached to land, solicitors used to examine
title deeds — documents recording transfers of the property over many years. In
Britain there is now a land registry which makes investigation of title easier be-
cause it is a central register describing the land, the landholder, and third party
rights. However, not all land in Britain has yet been recorded on the register, and
there are some land rights which need not be recorded there. Even if land has
been registered, the solicitor still has many things to check, such as possible
plans of the local council to build noisy roads near the house. Any mistakes he
makes could cost the buyer a lot of money. Conveyancing is one of the areas in
which solicitors sometimes get sued by clients.
Short-term possession
Another important area of land law concerns types of possession for
shorter and less secure terms than freeholds and leases – for example, where a
person living in property pays money to a landlord every week in return for
permission to live there. The landlord is usually the freeholder or the leaseholder
of the property, but sometimes he himself is paying rent to someone else. Some-
times it is not easy to decide whether a tenancy is a lease or only a license. Gen-
erally, a licensee does not have as much security as a lessee. For example, if he
windows. The second is a rent-charge someone's right to charge a landholder a periodical sum of money. The third is a legal mortgage an interest in prop- erty given as a form of security to someone who has lent the landholder money. If the money is repaid the interest ends. However, if the landholder fails to pay his debt by a certain time, the money-lender, or mortgagee, may have the right to take the property from the borrower, or mortgagor. Mortgages are very im- portant in land law because when most people buy an initial house or apartment they have to borrow a lot of money from a mortgagee such as a bank or a build- ing society. The last legal interest is a right of entry. The right of a freeholder to enter a lessee's property if he fails to pay rent is an example of a right of entry. Land transfer Someone who buys land needs to know exactly what rights and obliga- tions are attached to the land. Although it is possible to deal directly with the seller, most people employ a solicitor to handle the complicated business of land transfer, known as conveyancing. In fact, even after the simplifications of 1925, which reduced the system to two kinds of legal estate and four kinds of legal in- terest, there still exist many kinds of "equitable" interest (see previous chapter) which the buyer and seller need to know about. For example, even if the free- hold you want to buy is registered in the name of only one person, you should make sure the spouse of the freeholder does not have the right to continue living in the property after it has been sold! When investigating the rights attached to land, solicitors used to examine title deeds documents recording transfers of the property over many years. In Britain there is now a land registry which makes investigation of title easier be- cause it is a central register describing the land, the landholder, and third party rights. However, not all land in Britain has yet been recorded on the register, and there are some land rights which need not be recorded there. Even if land has been registered, the solicitor still has many things to check, such as possible plans of the local council to build noisy roads near the house. Any mistakes he makes could cost the buyer a lot of money. Conveyancing is one of the areas in which solicitors sometimes get sued by clients. Short-term possession Another important area of land law concerns types of possession for shorter and less secure terms than freeholds and leases for example, where a person living in property pays money to a landlord every week in return for permission to live there. The landlord is usually the freeholder or the leaseholder of the property, but sometimes he himself is paying rent to someone else. Some- times it is not easy to decide whether a tenancy is a lease or only a license. Gen- erally, a licensee does not have as much security as a lessee. For example, if he 33
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