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1st Class Land Law Study Notes
- Grado
- Institución
Comprehensive 1st class notes covering the entire module
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LandLaw-Semester
1
Typical
Format
1. What
Interests
if
any
are
present?
2. Does
it
bind
the
purchaser
(consider
registered
and
unregistered)?
ALWAYS
CONSIDER
BOTH
OPTIONS
IF
UNCLEAR.
3. Can
he
prevent
himself
from
being
evicted
“Conveyance”-Unregistered
Land
“Transfer”-Registered
Land
Structure
of
Land
Law
and
Ownership
Intro
• Deals
with
legal
relationship
between
land
and
the
owner
of
that
land.
• As
land
is
immovable
it
is
possible
to
sustain
a
range
of
interests
and
relationships.
There
can
also
be
different
people
competing
with
claims
to
interests
in
respect
to
the
same
land.
• Multiplicity
of
Interests:
o Ownership
Interests
Freehold
ownership
which
is
unlimited
in
duration.
Contributors
(such
as
family
members)
may
claim
ownership
interest
in
the
land.
Lease-allowing
someone
else
to
occupy
or
live
on
your
land
for
a
finite
period.
o Third
Party
Interests
With
a
bank
loan
the
bank
does
not
get
a
share
of
ownership
but
rather
security
in
the
form
of
the
land
therefore
giving
the
bank
an
interest
in
the
land
(mortgage).
Restrictive
covenant-
neighbour
has
a
right
for
owner
to
not
use
his
land
for
certain
purposes
e.g.
only
using
it
for
residential
purposes.
Easement/licence-giving
someone
permission
to
use
your
land
for
a
purpose
e.g.
allowing
them
to
use
it
as
a
shortcut.
Lease-Giving
a
third
party
some
limited
interest
over
their
land.
• Conveyancing:
o Transfer
of
interests
from
one
person
to
another.
o Need
to
ensure
the
seller
has
the
right
to
sell
the
interests
and
also
whether
there
are
any
3rd
party
interests
to
the
land
which
could
affect
your
use
of
the
land
e.g.
restrictive
covenant.
o A
major
concern
is
the
enforceability
of
interests
following
changed
in
ownership
or
major
dealings
in
the
land.
o Williams
&
Glyn’s
Bank
v
Boland
(HL)
, Husband
(Boland)
lived
with
his
wife
but
was
considered
sole
owner
of
the
land.
He
borrowed
money
to
finance
business
and
used
the
property
as
security.
He
went
bankrupt
and
the
bank
sought
to
realise
their
security.
His
wife
said
that
although
not
named
on
the
deed,
that
she
had
contributed
to
the
purchase
price.
She
said
that
she
was
entitled
to
some
of
the
proceeds
before
the
bank
repaid
their
loan
to
themselves.
However,
the
debt
was
too
much
and
the
bank
sought
to
argue
that
the
wife’s
interest
shouldn’t
prejudice
the
bank
by
arguing
that
at
the
time
of
the
loan
they
didn’t
know
about
the
wife’s
input.
Held
by
the
House
of
Lords
that
the
wife
was
“in
actual
occupation”
within
the
Land
Registration
Act
1925
when
the
mortgage
was
taken
out
even
though
she
wasn’t
protected
by
putting
herself
on
the
documentation
and
so
the
bank’s
charge
was
subject
to
the
wife’s
overriding
interest.
Decision:
• Good
from
Family
Law
point
of
view.
• Bad
from
a
Property
Law
point
of
view
due
to
the
uncertainty
it
creates
about
what
“actual
occupation”
really
means.
Theory
and
Structure
of
Land
Ownership
1. Doctrine
of
Tenures
o King
granted
the
right
to
hold
land
in
return
for
the
performance
of
services.
o Deals
with
the
terms
on
which
land
was
held
e.g.
Knight’s
service.
o There
were
also
“incidents
of
tenure”
which
involved
some
forfeit
of
land.
(escheat-if
someone
dies
without
family
or
will
the
land
passes
to
the
Crown).
o Created
a
feudal
pyramid
with
people
holding
land
from
a
person
above
them.
o No
transfer
of
ownership
of
the
land
itself.
o Demise
of
Tenure:
Substitution-‐Where
a
person
steps
into
the
shoes
of
someone
else
holding
land.
Subinfeudation-‐Creating
a
“new
rung”
on
the
ladder.
Prohibited
by
the
Statute
Quia
Emptores
1290.
o Tenures
Abolitions
Act-converted
all
forms
of
tenure
into
socage
(payment)
and
all
forms
of
forfeitures
to
escheat)
o Today
this
still
applies-nobody
owns
land,
they
hold
it
from
the
Crown.
And
escheat
still
applies.
2. Doctrine
of
Estates
o Gives
the
owner
the
ownership
rights
for
a
duration
over
the
land
in
question.
, o Deals
with
the
duration
of
land
holding.
o Types:
o Freehold
estates:-‐Uncertain
duration
Fee
simple-‐capacity
to
continue
until
the
owner
dies
without
leaving
a
will
or
heirs.
Could
continue
on
forever.
Modern
basis
of
land
ownership.
Fee
tail-capacity
to
inherit
but
restricted
to
direct
descendants.
(no
longer
around).
Life
estate-ownership
rights
end
once
the
person
with
the
ownership
rights
dies.
o Successive
freehold
estates
Grant
by
F
to
“A
for
life,
then
B
for
life,
then
F
(and
his
heirs).
Due
to
the
doctrine
of
estates-‐A,
B
and
F
would
be
present
owners
of
the
estate
and
can
each
sell
off
their
estates.
It
is
like
owning
a
theatre
ticket-owning
something
now
which
can
be
used
in
the
future
but
it
can
still
be
sold
on.
Estate
in
possession-immediate
rights
of
ownership
(A’s
position).
Estate
in
remainder-
(B’s
position).
Estate
in
reversion
(F’s
position).
If
fee
simple
owner
grants
freehold
life
estate
to
A,
they
still
have
a
fee
simple
in
reversion
for
after
A
dies
but
have
no
rights
over
the
land
while
A
is
alive.
o Leasehold
estates:
Was
outside
the
feudal
pyramid.
Granted
for
a
fixed,
maximum
period
of
time.
Did
not
confer
“seisin”
upon
the
leaseholder.
Owner
continues
to
have
benefit
of
a
fee
simple
in
possession.
Still
has
rights
over
the
land
while
A
occupies
it
in
the
form
of
rent
well
as
getting
the
land
back
once
the
lease
ends.
Ownership,
possession
and
title
• In
disputes
the
law
concentrates
either
on
who
owns
the
estate
or
who
is
in
possession
of
the
land
itself.
• Relativity
Of
Title-It
disputes
between
litigants
it
often
depends
on
who
can
show
the
greater
right
to
possession
o Harrow
LBC
v
Qazi
A
person
who
is
in
actual
possession
of
land
is
entitled
to
remain
in
peaceful
enjoyment
of
the
property
without
disturbance
by
anyone
except
a
person
with
a
better
right
of
possession.
• Adverse
Possession
, o Every
possession
creates
a
potential
entitlement
against
all
subsequent
intruders
(including
squatters-only
person
that
can
get
rid
that
squatter
is
the
person
who
held
the
possession
beforehand).
Does
not
apply
nowadays
in
relation
to
registered
land.
• Law
puts
a
time
limit
on
people
to
bring
an
action
to
recover
their
land-‐
12
years,
• Asher
v
Whitlock
o 1850-‐Williamson
took
possession
(adverse
possession)
and
built
cottage
and
lived
with
wife
and
daughter.
o When
he
died
he
left
the
land
in
his
the
will
to
the
widow
as
long
as
she
remained
unmarried
and
thereafter
to
his
daughter
and
her
heirs.
o 1861-‐Whitlock
married
the
wife
and
moved
in.
and
was
regarded
as
taking
possession
of
the
property.
o Both
the
daughter
and
wife
died
leaving
Whitlock
in
possession.
o 1865-‐The
daughter’s
heirs
claimed
possession.
o 3
potential
titles:
Documentary-‐Lord
of
manor
(the
best
title
but
was
not
involved
in
the
action)
Possessory
title-‐Williamson
Possessory
title-‐Whitlock
o Held
that
the
daughter’s
heirs
won
out
as
they
relied
on
Williamson’s
possession,
which
took
place
before
Whitlock’s
possession
and
therefore
was
considered
greater.
o At
this
point
the
time
limit
was
20
years.
Equity
(Trusts)
• Common
law
does
not
always
provide
fair
and
just
results.
• Equity
developed
the
trust.
• At
the
beginning,
trust
was
merely
equity
responding
the
injustice
of
the
application
of
the
common
law.
It
then
became
something
that
one
could
choose
to
use.
• Land
formally
transferred
to
trustee
who
has
no
benefit
from
the
land
and
merely
holds
the
land
for
the
benefit
of
another
(beneficiary).
• If
trustee
failed
to
comply
with
undertakings
then
the
intended
beneficiaries
could
obtain
no
assistance
from
the
common
law
courts
as
they
were
simply
concerned
with
the
transfer
of
the
fee
simple
to
the
trustee.
• Equity,
on
the
other
hand,
stepped
in
and
said
the
land
would
never
have
been
transferred
unless
the
trustee
would
comply
with
his
undertaking
and
dealt
with
the
enforcement
of
the
personal
obligation
of
the
trustee.
• Trustees
acquired
legal
ownership
with
beneficiaries
acquiring
equitable
ownership.
• Equity
adopted
the
Doctrine
of
Estates-EXAMPLES:
o Blackacre
transferred
to
trustees
on
trust
for
A
in
fee
simple
Trustees-Legal
fee
simple
in
possession
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