The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents issues related to adverse possession in both registered and unregistered land and also considers the implications for squatters’ rights of the European Convention on Human Rights.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the concept of adverse possession. An owner of an estate in land (paper owner) is under no obligation to make use of that land; mere neglect will not end ownership. However, where that land is adversely possessed by another for the required period, the paper owner will lose his title to the land. Through his acts of adverse possession, the adverse possessor acquires a better title to the land than the paper owner. This is so even if such acts stem from an initial wrong, such as a trespass.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the concept of adverse possession. An owner of an estate in land (paper owner) is under no obligation to make use of that land; mere neglect will not end ownership. However, where that land is adversely possessed by another for the required period, the paper owner will lose his title to the land. Through his acts of adverse possession, the adverse possessor acquires a better title to the land than the paper owner. This is so even if such acts stem from an initial wrong, such as a trespass.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the co-ownership of property. Co-owned property is where two or more people are entitled to possess and enjoy the property at the same time. Today, there are two types of co-ownership: a joint tenancy and a tenancy in common. Co-owned property is held on trust and, since the Trusts of Land and Appointment of Trustees Act 1996 (TLATA) this is generally a trust of land. Legal title can only be held as a joint tenancy, by a maximum of four people. Equitable title can be held as a joint tenancy or a tenancy in common by an unlimited number of people. A joint tenancy in equity, but not at law, can be severed to create a tenancy in common. Disputes between co-owners may be dealt with by making an application to court. Where a co-owner becomes bankrupt, the trustee in bankruptcy must make an application to court to request a sale of the co-owned property.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the co-ownership of property. Co-owned property is where two or more people are entitled to possess and enjoy the property at the same time. Today, there are two types of co-ownership: a joint tenancy and a tenancy in common. Co-owned property is held on trust and, since the Trusts of Land and Appointment of Trustees Act 1996 (TLATA), this is generally a trust of land. Legal title can only be held as a joint tenancy, by a maximum of four people. Equitable title can be held as a joint tenancy or a tenancy in common by an unlimited number of people. A joint tenancy in equity, but not at law, can be severed to create a tenancy in common. Disputes between co-owners may be dealt with by making an application to court. Where a co-owner becomes bankrupt, the trustee in bankruptcy must make an application to court to request a sale of the co-owned property.
Chapter
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter considers co-ownership (the distinction between joint tenancies and tenancies in common and the process of tracing logically the devolution of both the legal estate and the equitable interests) and trusts of land, and what should be taken into account in order to determine the beneficial interests of the parties in a domestic setting; the Trusts of Land and Appointment of Trustees Act 1996 (TLATA 1996); and co-ownership under constructive and resulting trusts.
Book
Rosalind Malcolm
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers, and author commentary. This book offers advice on what to expect in exams and how best to prepare. The book also includes separate chapters on skills for success in both exams and in coursework assessments. The book is designed to provide support in understanding the process for achieving success in exams from initial study skills to a commentary on why the answers have been designed in certain ways.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses leasehold covenants. Leasehold covenants are promises made between a landlord and his tenant, regulating the relationship between them and the way in which a leasehold estate is enjoyed. The covenants may be either express or implied. The nature and extent of liability imposed by express covenants will be a matter of negotiation between the parties. Implied covenants, which can occasionally be expressly excluded from the lease (where it is allowed), may impose burdens on either the landlord or the tenant. Covenants, whether express or implied, may be either positive (e.g. to repair) or negative (e.g. prohibiting change of use to the property). Covenants may be enforceable against successor owners of both the leasehold and reversionary interests.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses leasehold covenants. Leasehold covenants are promises made between a landlord and his tenant, regulating the relationship between them and the way in which a leasehold estate is enjoyed. The covenants may be either express or implied. The nature and extent of liability imposed by express covenants will be a matter of negotiation between the parties. Implied covenants, which can occasionally be expressly excluded from the lease (where it is allowed), may impose burdens on either the landlord or the tenant. Covenants, whether express or implied, may be either positive (e.g. to repair) or negative (e.g. prohibiting change of use to the property). Covenants may be enforceable against successor owners of both the leasehold and reversionary interests.
Chapter
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about the definition of land and finders’ titles. It considers the application of the Treasure Act 1996; the difference between fixtures and chattels and the legal implications of those differences; the definition of land; the meaning and application of the Latin maxims: cuius est solum eius est usque ad coelum et ad inferos (‘the owner of the land owns everything up to the sky and down to the centre of the earth’) and quicquid plantatur solo, solo cedit (‘whatever is attached to the land becomes part of the land’); the nature of property rights at common law; the relative nature of property rights; possession as font of title for finders; and title to registered land.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter distinguishes between legal and equitable interests in land. The intervention of equity in land law can be seen in two key areas: the development of new equitable interests in land, and the availability of equitable remedies to enforce interests in land. To be legal, the interest must be listed under s 1(2) Law of Property Act 1925 (LPA 1925) and certain formalities must be met in its creation, notably being granted by deed (s 52 LPA 1925). Where these formalities are not met, the interest may have equitable status instead, but only where equity can find a specifically enforceable valid contract to create the interest. All other interests in land can only ever be equitable (s 1(3) LPA 1925). The status of an interest in land as either legal or equitable traditionally determined the rules of enforcement of that interest against third parties: legal interests bound all third parties, whereas equitable interests would only bind third parties who were not bona fide purchasers for value of a legal estate without notice.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter distinguishes between legal and equitable interests in land. The intervention of equity in land law can be seen in two key areas: the development of new equitable interests in land, and the availability of equitable remedies to enforce interests in land. To be legal, the interest must be listed under s 1(2) Law of Property Act 1925 (LPA 1925) and certain formalities must be met in its creation, notably being granted by deed (s 52 LPA 1925). Where these formalities are not met, the interest may have equitable status instead, but only where equity can find a specifically enforceable valid contract to create the interest. All other interests in land can only ever be equitable (s 1(3) LPA 1925). The status of an interest in land as either legal or equitable traditionally determined the rules of enforcement of that interest against third parties: legal interests bound all third parties, whereas equitable interests would only bind third parties who were not bona fide purchasers for value of a legal estate without notice.
Chapter
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter looks at easements and profits considering in particular: types of easement (eg express and implied easements); the nature of an easement; the creation of easements; and other rights, such as profits à prendre. The question of whether the categories of easement can be extended is a popular debate, and the quotation ‘the categories of easements are not frozen’reflects this. Modern useages may be highly relevant in the determination of this legal question.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses easements. An easement gives either a positive or, less often, a negative right of use over land of another (the servient land), which must be seen to benefit a dominant piece of land. A right that is capable of being an easement will only become an easement where it has been acquired by one of the recognised methods of acquisition. Easements may arise through express or implied acquisition. Implied acquisition may arise by virtue of necessity, common intention, operation of s 62 Law of Property Act (LPA) 1925 or under the rule in Wheeldon v Burrows (although the latter two methods will not operate in a reservation scenario). Alternatively, an easement may have been acquired out of long use, known as prescription, of which there are three modes: common law, lost modern grant, and the Prescription Act 1832. An easement can be either legal or equitable in status, depending upon which formalities have been satisfied. The status of an easement will determine the relevant rules governing the enforcement of that interest against a third party.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses easements. An easement gives either a positive or, less often, a negative right of use over land of another (the servient land), which must be seen to benefit a dominant piece of land. A right that is capable of being an easement will only become an easement where it has been acquired by one of the recognised methods of acquisition. Easements may arise through express or implied acquisition. Implied acquisition may arise by virtue of necessity, common intention, operation of s 62 Law of Property Act (LPA) 1925, or under the rule in Wheeldon v Burrows (although the latter two methods will not operate in a reservation scenario). Alternatively, an easement may have been acquired out of long use, known as prescription, of which there are three modes: common law, lost modern grant, and the Prescription Act 1832. An easement can be either legal or equitable in status, depending upon which formalities have been satisfied. The status of an easement will determine the relevant rules governing the enforcement of that interest against a third party.
Chapter
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. This chapter gives students advice on the skills for success in land law exams. It includes tips on what to do during the module, how to tackle the revision period, and tips for the exam room, as well as advice on the structure and approach to problem questions. It gives advice which starts from the moment the module begins advising on the best way to approach learning and understanding land law and suggests how to get the best out of your lectures and tutorials or seminars.
Chapter
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter considers freehold covenants and includes the running of the burden and benefit of freehold covenants; the rule in
Tulk v Moxhay (1848); the assignment and annexation of freehold covenants; and the juridical basis underlying building schemes. The debate about whether annexation has caused much unnecessary difficulty and whether it would have been simpler if equity had simply followed the law and treated the benefit as being annexed to the land is examined.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses freehold covenants. Freehold covenants are promises extracted by one freehold owner (the covenantee) from another freehold owner (the covenantor), whereby the latter promises either to do (positive covenant) or not to do (negative covenant) something over his land. The land burdened by the promise becomes the servient tenement. The land benefiting from the promise becomes the dominant tenement. Covenants commonly arise when a freehold owner is selling off part of his freehold to another and wishes to maintain some degree of control over the land being sold in order to preserve the value and enjoyment of the land he is retaining. Covenants may be enforceable between successors in title to the original covenantee and covenantor but only where certain requirements have been met.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses freehold covenants. Freehold covenants are promises extracted by one freehold owner (the covenantee) from another freehold owner (the covenantor), whereby the latter promises either to do (positive covenant) or not to do (negative covenant) something over his land. The land burdened by the promise becomes the servient tenement. The land benefiting from the promise becomes the dominant tenement. Covenants commonly arise when a freehold owner is selling off part of his freehold to another and wishes to maintain some degree of control over the land being sold in order to preserve the value and enjoyment of the land he is retaining. Covenants may be enforceable between successors in title to the original covenantee and covenantor but only where certain requirements have been met.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the freehold estate. The freehold estate is the larger of the two estates in land that has legal capacity and a person who holds a freehold estate over land is tantamount to being the owner of that land. The legal freehold estate is technically known as the fee simple absolute in possession and the characteristics of a legal freehold estate can be found from interpreting this technical definition. A contract for the transfer of a freehold estate must meet the requirements under s 2 Law of Property (Miscellaneous Provisions) Act 1989. A valid and specifically enforceable contract for the transfer of a freehold estate will give the purchaser an equitable interest in the land to be purchased, known as an estate contract.
