PROPERTY GUARDIANS Flashcards
1
Q
NEMO DAT QUOD NON HABET
A
- translates to you cannot give what you don’t have
- Bruton v London and quadrant housing trust
- case controversial as outcome protected the weaker party but adversely affected all other homeless people
- case makes no sense to land lawyers
- was applied in Kay v Lambeth LBC + Islington LBC v Green
- Watts v Stewart and others however differs in this case court separated exclusive possession from legal to personal right.
2
Q
PROPERTY GUARDIANS
A
- person who enters into agreement with a property management company to occupy land at low rent with others (people living in large buildings with others)
- people are there to protect property and land
- Camelot v Roynon - licence agreement for two rooms with guests restrictions he chose his own rooms court ruled he did have exclusive possession
- Camelot v khoo licence agreement he did not have exclusive possession as all property guardians entitled to occupy building as a whole
