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The Governing and Applicable Laws

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The Law of Property Act 1925 was enacted in order to govern dealings and relations over real properties. In part, the matter of trusts connected to land ownership must have also been in the mind of the legislators when the law was being deliberated and finally passed upon. The statute enumerates clearly the estates covered by it which can be transferred or can have rights pertaining thereto by operation of law. These are the estates in absolute ownership and possession and those which are leased for a certain number years fixed by the parties.

Rights and charges pertaining to land are likewise enumerated such as easements like the easement of right of way and the easement of the right to light and view, mortgage and land taxes, among others. Interestingly, it also mentions that any other estate, interest or charge in connection with lands or dealings thereon fall within the realm of equitable interests. Necessarily, trusts belong to the generic ambit of equitable interests. However, since equity issues were, and still are, hinged on the sound judgment of court or tribunal having jurisdiction thereof, the same is to be weighed purely on the resolution of what is just and reasonable.

Up to and until the passage of the Law of Property Act 1925, the true owner of the estates have no statutory basis to lean on in an effort to establish the fact that the legal owner was only holding the property in trust for him and that he, the true and real landowner, was the beneficiary of the fruits and gains produced by the reality or under trust.

It was under these circumstances that it was probably observed that the benefits and rights of the landowner became fragmented in view of the widespread use of trusts even when possibly there was none or those claimed were questionable ones. Apparently, the predicaments were founded on the exact definition of trust and on the specific purported provisions of the law on these concerns. In short, there was then no given meaning for the trust terminology and there was no particular written law to deal with trusts.  

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preview essay on The Governing and Applicable Laws
  • Pages: 10 (2500 words)
  • Document Type: Essay
  • Subject: Law
  • Level: Undergraduate
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