Other
Land Law Crib Sheet
- Course
- Institution
Concise set of revision notes covering all key details and case authorities from the BPP PGDL Land Law module.
[Show more]
Seller
Follow
giorgia7
Content preview
LAND LAW CRYPT SHEETTopic (1) The Nature of Land
Land is a uniquely FIXED resource w/ high economic & social value
Key: ALL land in E & W is owned by Crown we own a “right” in land, not the land itself
Land law = the study of RIGHTS in the land rather than the physical land itself.
© Law of Property Act 1925 (LPA) = real foundation of modern land law
© Land Registration Act 2002 (LRA) = governs the system of land registration (i.e. the
national record of land ownership held by HM Land Registry)
TWO types of right in land:
1. Proprietary Rights 2. Personal Rights
Enforced by an action in rem = use or Can ONLY be enforced by a personal
possession of the land can be recovered. action for damages.
Capable of being enforced against a third party Only bind original parties to the right, there
can bind a FUTURE owner. can be NO recourse against a third party.
To be a proprietary right: 1) on the fixed list + 2) complies w/ substantiative requirements +
3) complies w/ the formalities 4) did it need to be registered in order to be enforceable?
Key principle: Land should NOT be unnecessarily burdened fixed list:
FIXED list of proprietary rights (not definitive):
• The freehold estate
• The leasehold estate
• An easement
• A mortgage
• A restrictive covenant
• An estate contract
• A beneficial interest in a trust of land
Determining the status of a right in land:
Fixed list: is it on the list of recognised proprietary rights in land?
Nature of a right: does it satisfy any substantive characteristics for
the particular proprietary right?
Creation of a right: Has it been created/acquired in accordance with
the formalities for the particular right (if any)?
Protection of a right: if a right is proprietary, you then need to ask if it is
enforceable against a third party (ie a new owner of the burdened land.)
,Proprietary right: an estate = a right to possess and use the land (freehold or leasehold)
Freehold estate Leasehold estate
fee simple absolute in possession ‘Terms of years absolute’
Equivalent to absolute ownership of land Aka a lease. You are a tenant if you own
LPA 1925, s 1(1)(a)) one of these estate (N.B. you own a
A piece of land will only be subject to one of lesser estate)
these estate Lasts for a certain duration
Lasts indefinitely = only extinguished if LPA 1925, s 1(1)(b)
landowner dies without next of kin + without Granted out of a freehold estate. Can
a will land regarded as bona vacantia & have more than one leasehold for a piece
estate reverts to the Crown (v. rare) of land= subleases
Physical possession not necessary
N.B. A commonhold = a TYPE of freehold (Commonhold and Leasehold Reform Act 2002)
® Freehold owner = a company called a commonhold association
® Owner of each flat is a member of the association
® Alternative to a LONG lease (declining asset) but commonholds not popular.
Hierarchy of rights: Crown Freehold estate Leasehold estate
*Freehold reversion: the residue of the estate AFTER the granting of a lease.
- When lease ends: right to physical possession automatically reverts to the landlord
*Leasehold reversion: the residue when the grantor HOLDS a leasehold estate.
Interest in Land
Interest in land = right to use/enjoyment of the land (‘incumbrances on an estate’)
CAN adversely affect the value & saleability of land fixed list under LPA 1925, s1(2):
MORTGAGE: © A loan of cash, which is secured by rights granted OVER property.
o Includes right to possess & sell land in the event of default in mortgage
s 1(2)(c) repayments.
Legal © Borrower grants the mortgage, not the lender.
EASEMENT: © A proprietary right to use land which belongs to somebody else.
© Use is more limited than an exclusive right to occupy or use.
s 1(2)(a) © Examples: rights of way, drainage, storage + parking on neighbouring land.
Legal only if
term is
certain/forever
RIGHT OF © A right of entry is either:
ENTRY: o 1) a right for landlord to re-enter leased premises end leasehold
estate in event of tenant default or occurrence of other specified event
s 1(2)(e) o 2) a rentcharge owner’s right to hold land if money owed is NOT paid.
Legal © A right of entry in a lease = ‘forfeiture clause’
, RESTRICTIVE © A promise: prevents anything affecting amenity & value of land.
COVENANT: © Negative prevent a land owner from doing something on their land.
© Examples: promise not to sell alcohol from the land, promise not to build
Equitable on the land, promise to only use the land for residential purposes.
ESTATE © A contractual right to a legal estate (freehold or leasehold)
CONTRACT: © Equity orders specific performance because each piece of land = unique.
© Subject to maxim: ‘equity sees that as done what ought to be done’
Equitable © Examples: a contract to buy land, a contract to grant a lease, an option to
purchase land, a right of pre-emption.
INTERESTS © A trust exists where one person (the trustee) holds property FOR the benefit
IN A TRUST: of another (the beneficiary). SPLIT in the legal and equitable title
© The trustees and beneficiaries can be the same or different people.
Equitable
Legal interests (LPA 1925, s 1(2)): Equitable interests (LPA 1925, s 1(3)):
- Mortgages - Freehold covenants
- Easements granted for a forever or - Estate contracts
certain term - Interests in a trust of land
- Rights of entry - Easements granted for an uncertain term
Key point 1. Remedies DIFFER
® Legal interest has a WIDE range of remedies w/ damages = an automatic right
® Equitable interest is NOT entitled to damages as of right – court has discretion!
Key point 2. Enforcement of the interest against third parties DIFFERS
Land Transfer
Conveyancing: legal process of transferring title to freehold/leasehold estate.
Transfer can be achieved by 1) sale 2) will 3) gift and 4) operation of the law (bankruptcy)
Can still walk Pre-exchange
away without Point at which parties become
incurring legal Exchange of Contracts contractually committed to deal
liability Voluntary
Contract must comply w/ LP(MP)A
1989, s 2 (in writing, all express terms
+ signed by both parties) Unregistered land: legal title
passes
When buyer PAYS Completion of the Deed
the purchase money Required by LPA 1925, s 52 Valid execution = seller +
collects keys Deed must comply w/ LP(MP)A signs w/ witness attesting
1989, s 1 (clearly intended to be
a deed + validly executed +
Unregistered land: 1st delivered Registered land:
registration must occur legal title passes
within 2 months or legal title Registration once transfer is
reverts back to seller Registered land: LRA 2002, s 27(2) registered
(1)(a)
Unregistered land: LRA 2002 ss
4&6)
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller giorgia7. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $24.31. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
77764 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now