In a tenancy agreement, the law does not allow the landlord to terminate tenancy arbitrarily. The essence of this is to prevent a situation in which the tenant becomes homeless as a result of a sudden eviction by the landlord. Therefore, it is the case that, any landlord who wishes to terminate an existing tenancy…

The intention of the parties to a mortgage transaction is not that the property should be permanently transferred to the mortgagee(lender); the intention is that the property be returned to the mortgagor when the loan is serviced. The law of real property tries as much as possible to ensure that parties are bound by this…

The mortgagee usually enters a mortgage transaction with the intention of getting back the principal sum he lends, with some interest on it. The essence of the property used as security is not to be sold, but to compel the mortgagor to pay back the loan and the interest on it. However, where the mortgagor…

A person who has an undisputed legal title in land is empowered to dispose off the property, either by sale or gift. This is the case since land is seen as a property which can be acquired and sold. While the owner of land may lawfully sell his property, nonetheless, there are some restrictions when…

You might have this same question. And we have got a few points to help answer your question. All real estate transactions need execution of contracts to be valid and enforceable. This execution entails the signing of the land documents by the parties to the transaction and the affixing of seals where necessary. While executing…

In a mortgage transaction, property is used as security for loan. This means that someone (called the mortgagor) gives out his property to secure a loan with the intention to get it back when the loan is serviced(paid back to the lender) on or before the due date. In Real Property Law, once a mortgage…

Trespass to Land is the unlawful and unjustified entry into a person’s property. It doesn’t matter that the entry is by mistake or under a mistaken belief, once the entry to another person’s land is unlawful or without his permission, it is actionable. Trespass to property is actionable per se. This means that in an…

The sale of real property deals with the transfer of ownership from the seller (usually called the vendor) to the buyer (usually called the purchaser). It is not just the act of transferring the keys/possession of the property to buyer and the payment of the purchase price to the vendor. It is beyond this. We…

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