Property law plays a critical role in our society, influencing how we buy, sell, and use real estate. With many principles and doctrines governing property ownership, it is essential for legal practitioners, homeowners, and prospective buyers to familiarize themselves with the key concepts involved. This blog post examines several important legal doctrines, including the Doctrine of Election, Covenants, Transfer by Ostensible Owner, Doctrine of Feeding the Grant by Estoppel, Doctrine of Lis Pendens, Fraudulent Transfer, and Doctrine of Part-Performance.

Doctrine of Election

The Doctrine of Election is a key principle that allows individuals to choose between two or more options. It is often applied in situations where accepting a benefit necessitates also taking on accompanying responsibilities.

For example, if a landlord offers a tenant a lease with specific stipulations, the tenant must decide to accept the lease fully or decline it. In 2019, a court case highlighted this principle when a beneficiary in a will was required to choose between accepting an inheritance with specific obligations or rejecting it entirely. The Doctrine of Election ensures fairness by preventing individuals from selecting only the favorable terms while ignoring the unfavorable.

This doctrine is particularly relevant in estate planning, helping to clarify the intentions of the grantor and preserve the integrity of property dealings.

Covenants

Covenants are legal agreements that set rules for property use. They typically fall into three categories: restrictive covenants, affirmative covenants, and negative covenants.