Lec 1- Introduction to Land Law
Land Law is also called the ‘Law of Real Property’.
It is concerned with land, rights in or over land and the processes whereby
those rights and interests are created and transferred.
Eg. Ownership of land, renting land, allowing other people rights over your
land, restricting how land is used.
Definition of ‘land’ is found in the Law of Property Act (LPA) 1925, section
205 (1):
“Land includes land of any tenure, mines and minerals, buildings or parts of buildings
… and an easement, right, privilege or benefit in, over or derived from land”.
This definition conveys that land not only includes tangible things, such as buildings,
but also intangible things such as rights in land (eg. walking across a neighbour’s
driveway). Land is both the physical asset and the rights of the owner or others that
enjoy in or over it.
“Real” derives from Latin term “res” which means thing. There is a difference
between real property and personal property. Land law is not concerned with
personal property, it is concerned with ‘things’.
For example, if someone stole your car, you could sue for damages and get
compensation for the value for your car. But in land law, you want recovery for
the ‘thing’ itself, ie. you want the car back.
There is overlap between other areas of law. Eg. Mortgages and transfers of
property involve contracts.
Two types of right in/to land:
Interests are the rights that
someone has over
estates and interests someone else’s land. In
other words, proprietary
rights over the land of
another. Eg. easement is a
‘right of way’ over
someone else’s land.
The Queen/Crown is the absolute/ultimate May be the right to have
owner of all land in England and Wales. a sewer pipe running
This originates from 1066 when William the underneath someone
else’s property this is a
Conqueror declared himself the owner of all land very important right.
in England and Wales, and then granted Lords the someone has
right to own the land and so on, this was called the
Feudal Pyramid. So, if you want to acquire land, you are buying it to use and enjoy
for a period of time, you are not the
absolute owner of the land. This is called an estate in land. It is an ‘ownership
type’ right. Main defining aspect is its temporal nature. You are acquiring the rights to
use and enjoy it for a period of time.
, Land law radically changed after 1 January 1926. ‘Modern’ land law thus
refers to the law after this date.
Before 1926, the country was concerned with large aristocratic estates, not
the business of small properties. Therefore, it was possible to have many
different legal estates. Eg, fee simple absolute in possession (freehold) *, fee
tail (type of estate that is only inherited by a defined person, usually father or
son) life interest (the right to use and enjoy property during your lifetime), term
of years absolute (leasehold) **and copyhold. The purpose for the existence
of this many estates was to create a settlement. Eg. X has a fee simple and
creates a settlement where he grants the land to his wife and thereafter to his
son in fee tail. The purpose of this settlement is so that even if his son dies,
the property will not belong to the Crown but go back to him.
* Freehold estates were the closest to absolute ownership as the period of time
that the land is used and enjoyed is indefinite. I.e. it may be used by the owner and
his heirs and successors. Freely transferable (alienable). You do not need anyone’s
permission to sell it. It is the closest to absolute possession. Legal title is FEE
SIMPLE ABSOLUTE IN POSSESSION.
FEE = Inheritable
SIMPLE = right to inherit unrestricted
FEE SIMPLE = ownership descends to general heirs
ABSOLUTE = rights of ownership not limited by conditions/restrictions (in terms of
time).
IN POSSESSION = an immediate right to the property/right to possess.
** Leasehold estates or also known as TERM OF YEARS ABSOLUTE. A right to
use and enjoy the land exclusively as owner for a stated period of time. Leasehold
estate is carved out of another estate. Cannot, unlike freehold, be held for an
indefinite period of time. Two types:
Remainder – a future interest created in some person other than the transferor.
Reversion – property owner (transferor) retains some future right to the property.
After 1926, the law of land changed dramatically due to the Law of Property
Act 1925 (LPA).
Section 1 of the Act: “The only estates in land which are capable of being
legal are – an estate in fee simple absolute in possession and a term of years
absolute”. IN OTHER WORDS, the only estates that can be held legally are
freeholds and estates. All other types, for instance, fee tail and
remainder/reversion leasehold, no longer exist. You could not create a
settlement anymore.
This did not mean that people who owned property through other types
suddenly did not own the land anymore. They own(ed) it through equity.
