Land Law Essay Example | Topics and Well Written Essays - 2500 words - 5

Land Law - Essay Example Secondly, it must be a right that is capable of being transferred under the force of law and in this case, a right that comes with conditions could be limited where the conditions are not met3. Finally, the right to a given piece of land must last over a reasonable number of time and must not be one that changes frequently4. In the case of National Provincial Bank Ltd V Ainsworth, it was held that a deserted wifes rights to property she was occupying was not enough be recognised in English Law. Although she fulfilled some conditions, her right to land was not granted in the case. However, in other instances, equity generated by proprietary estoppel is recognised as a property right capable of binding third parties. This paper will critically discuss the case of the â€Å"deserted wifes equity† in the case above and the position of proprietary estoppel. They will all be examined and evaluated on the basis of their components and their merits in relation to UK land law. This will provide the basis for the explanation and justification of the legal worth and power of the two concepts in UK land law. In the case at hand, Mr. and Mrs. Ainsworth lived in Sussex. The land was registered in the name of Mr. Ainsworth. Mr. Ainsworth however moved out in 1957. Mrs. Ainsworth occupied the property and remained in charge whilst Mr. Ainsworth was living away from the house. In 1958, Mr. Ainsworth borrowed  £1,000 from the National Provincial Bank and used their Sussex house as the charge or collateral for the loan. In 1962, Mr. Ainsworth fell back in the repayment of the loan to the bank. The bank moved to take possession of the house. Mrs. Ainsworth refused to leave the house. The bank sought a possession order. This is because Mrs. Ainsworths right to the property was based on the equitable right to control the bank. The banks claim was to seek an order for specific performance meant to equitably dispossess Mrs. Ainsworth of the property. On the other hand, Mrs.