Property law. Property law is also central to construction. For this task I ask the following questions. 1. Discuss the law of adverse possession. 2. Discuss what are estates and interest in land (...

Property Law
    Property Law    CAVEAT, ADVERSE POSSESSTION, ESTATES AND INTERESTS
    
    
Table of Contents
Law of adverse possession    2
Definition    2
Precedents    2
Legislation    2
Estates and interest in land based on legal ownership    3
Estates    3
Freehold- Leasehold- Commonhold    3
Interests based on legal ownership    3
Profit a Prendre    3
The interests under legislation    4
Lodging a caveat    5
Caveat    5
Reasons for Lodging a Caveat    5
References    6
Law of adverse possession
Definition
Adverse possession, is solely based on the concept that, when one property is occupied or possessed by someone and that someone do not have any legal right on it, then at certain point of time, can become the legal owner based on the continuous possession on the same land, and most importantly, that acquired ownership do not need any permission from the actual legal owner.
Precedents
The Latin maxim of animus possidendi, essentially relates to adverse possession and only means that a person do have an intention to possess something or the other was opined in case of (Sunny Corporation v Elkayess Nominees, 2006), where the disputed title of the plaintiff was challenged by the defendant and Court while relying upon the precedents (Hardiman, deceased, 1967), and (Protean (Holding) Ltd v American Home Assurance Co, 1985), allowed the claim of the plaintiff in furtherance to mental element with regards to the possession of the property. But, Courts in cases of (Bligh v Martin, 1968), (Williams v Usherwood, 1981), (Pulleyn v Hall Aggregates Thames Valley (Ltd), 1992), (Hughes v Cork, 1994) and (Lutz v Kawa, 1981), also held that if there is no presence of mental element, then also that would not act as detrimental in claiming legal ownership by way of adverse possession.
Legislation
Again, section 60 of the (Transfer of Land Act , 1958), while dealing with the claim for the possession of the title by person mandates the application to be made to the Registrar, along with proper documentation comprising of the land survey report which describes the land and its boundaries to give a clear view of the property to the Registrar.
Estates and interest in land based on legal ownership
Estates
Freehold- Leasehold- Commonhold
Broadly speaking there are three legal estates, that is Freehold, Leasehold and the Commonhold. The former one that is the freehold estate, is the inherited estate in the land existing not only in the present circumstances but will also continue to exist for an unlimited period of time. This kind of estate comes to end, only with the death of the owner, if the owner leaves no legal heir, that leaves no one to inherit the property, and in such circumstances the land or the property becomes vested to the Crown, since it is the only absolute owner. On the other hand, Leasehold is something which is much narrowed than Freehold, since the years of enjoyment is restricted in terms of years, like 99 years or 999 years etc. Commonhold in Victoria, is named as the Strata Title and is governed by the...