Notas de lectura
Exam Notes for Land Law A
- Grado
- Institución
A comprehensive summary of lecture notes and textbook materials used in preparation for the assessment.
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01 GENERAL PRINCIPLES OF LAND LAWFoundations of land law
1. Legislation
Law of Property Act 1925 (LPA 1925)
Land Registration Act 1925 (LRA 1925)
Law of Property Act 1969 (LPA 1969)
Land Charges Act 1972 (LCA 1972)
Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989)
Trusts of Land and Appointment of Trustees Act (TOLATA 1996)
Land Registration Act 2002 (LRA 2002)
2. Estates & interests
Estates
A right which in practical terms resembles ownership (often referred to as “ownership
interests”)
Types of estates
Freehold estates: An estate in fee simple absolute in possession
o Fee simple: The freeholder has the right to use & enjoy the land for the
duration of his life & can transfer the land to others either during his
lifetime (as a gift / by sale) / on his death under a will
o Absolute: The freeholder’s rights are neither conditional / liable to be
brought to an end on the occurrence of some event
o In possession: The freeholder enjoys an immediate right to occupy &
enjoy the land
Leasehold estates: A term of years absolute
o The leaseholder is entitled to use & enjoyment of the land exclusively
for a certain period of time & can transfer / sell (“assign”) the leasehold
to a 3rd party provided the lease’s term has not ended
Interests
A number of lesser (limited) rights that do not confer any rights of ownership Can
be given by estate owners to anyone else (often referred to as “3rd parties interests”)
3. Personal rights & proprietary rights
Personal rights: Rights in personam
Personal rights which bind only on the parties that created the rights
Proprietary rights: Rights in rem
Property rights capable of binding successors in title Enforceable against 3rd
parties
Must be “definable, identifiable by 3rd parties, capable in its nature of assumption by
3rd parties, & have some degree of permanence / stability” (National Provincial Bank v
Ainsworth)
4. Equity & trust
Equity
Common law & the law of equity
Equity: A desire to respond to a specific circumstance based on justice (not by
precedent)
Where there is a conflict between the 2 Equity prevails
Equity recognises some rights as in rem Equitable rights (Tulk v Moxhay; Walsh v
Lonsdale)
Trust
Allows for ownership to be split into ownership at law & in equity: One holds the legal
title (trustee); Another holds the equitable title (beneficiary)
The trustee owes an obligation to the beneficiary in trust
, Types of trusts
Express trusts
Implied trusts (resulting & constructive)
5. Legal rights & equitable rights
Creation of legal rights
Must be created by deed & in some cases, must be registered
Creation of equitable rights
A right will be equitable if:
It is a right which is not capable of being legal under LPA 1925 s 1
There has been an attempt to create a legal right but there has been a failure
of formalities
There has been an attempt to create a legal right but there has been a failure
to register the right as required
Requirement for writing (LP(MP)A 1989 s 2; LPA 1925 s 53) Though not as strict
as a legal right
The 1925 property legislation
6. Policy of the 1925 property legislation
The simplification of conveyancing Balance of 3 concerns:
Facilitation of investigation / acquisition of ownership rights
Facilitation of investigation of 3rd party interests
Protection of 3rd party interests
7. Methods of the 1925 property legislation
Reclassification of estates & interests in land
Primary outcome: Simplified how to purchase an estate & reduced the risks
LPA 1925 s 1(1): Reduction of legal estates
Freehold estates; Leasehold estates
LPA 1925 s 1(2): Reduction of legal interests
Easements; Mortgages; Leases
LPA 1925 s 1(3): All other interests take effect as equitable interests
LPA 1925 s 2(1): Overreaching
Detaches the equitable rights & converts them into monetary compensation
for the interest holder
Provision of machineries for the investigation & protection of estates & interests in land
Unregistered title conveyancing system
Pre-existing system of title deeds conveyancing
o No central land register One must look through all the historical
records to establish who owns the estate now
Supplemented by the registration of 3rd party incumbrances under LCA 1972
Residual interests & the “Equity’s Darling” rule
Registered title conveyancing system (LRA 2002)
Substantive centralised registration of the fee simple absolute in possession &
certain leases
Interests affecting the registrable estate are “protected” by entries on the
register: Notices & restrictions
Interests deemed unsuitable for entries on the register are governed by
provisions in LRA 2002
, 02 UNREGISTERED TITLE CONVEYANCING
8. Investigation of vendor’s title
Must find out through various historical documents Paper title deeds
LPA 1969 s 23: Good “root of title” – 15 years
LPA 1925 s 52(1): All conveyances relating to an interest in land must be made by deed
LP(MP)A 1989 s 1: A document takes effect as a deed if it makes clear on its face
that it is intended to be a deed & it is signed & witnessed
3 stages
Stage 1: Pre-contractual negotiations
Stage 2: Exchange of contracts Estate contract (protected by registration)
Stage 3: Completion – Formal conveyance of the land by deed
9. Enforceability / Protection of 3rd party rights
Only proprietary rights are capable of binding a purchaser Personal rights are not binding
Legal interests: Universally enforceable irrespective of notice / registration
Equitable interests: May be binding depending upon the following rules
(1) Some interests will be subject to the overreaching mechanism
(2) Interests that have not been overreached might be capable of protection via
registration as an incumbrance under LCA 1972
(3) Anything not dealt with by overreaching / LCA 1972 is determined by the pre-1925
legislation rules
10. Rule (1): Overreaching
Interests capable of being overreached
LPA 1925 s 2(1)(ii): Interests which arise out of a conveyance under a trust
LPA 1925, s 2(3): List of excepted interests
Statutory requirements for overreaching the interest
LPA 1925 s 2(1)(ii): There must be at least 2 trustees of land
LPA 1925 s 27(2): Money arising from the transaction must be paid to the trustees &
there must be a valid receipt
Where the requirements are not met: Overreaching cannot operate The equitable
interests remain attached to the land
Testing the limits of overreaching: State Bank of India v Sood – Overreaching took place
despite the non-payment of capital monies under the conveyance
11. Rule (2): Registration as an incumbrance (LCA 1972)
Interests capable of being registered
LCA 1972 s 2: Defined list of registrable interests
Effect of registration
LPA 1925 s 198(1): Shall be deemed to constitute actual notice
Effect of non-registration
LCA 1972 s 4: Shall be void as against a purchaser (for money / money’s
worth)
o Precludes marriage as good consideration
LCA 1972 s 3(1): Registered against the name of the holder of the legal estate & not against
the title itself
Problems
Diligent Finance v Alleyne – Land charge not protected where the name
registered was incorrect due to an omission of the middle name
Oak Co-operative BS v Blackburn – Land charge protected despite being
registered in the wrong name
Good faith & notice are irrelevant under LCA 1972 (Midland Bank Trust v Green)
Proprietary estoppel will not operate to correct a lack of registration under LCA 1972 (Lloyds
Bank v Carrick)
Actual occupation is irrelevant in unregistered land (Lloyds Bank v Carrick)
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