Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Cheltenham & Gloucester plc v Krausz [1997] 1 WLR 1558, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Chapter
Cheltenham & Gloucester plc v Krausz [1997] 1 WLR 1558, Court of Appeal
Chapter
Cheltenham & Gloucester plc v Norgan [1996] 1 WLR 343, Court of Appeal
Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Cheltenham & Gloucester plc v Norgan [1996] 1 WLR 343, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Chapter
Horsham Properties Group Ltd v Clark [2008] EWHC 2327, High Court (Chancery Division)
Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Horsham Properties Group Ltd v Clark [2008] EWHC 2327, High Court (Chancery Division). The document also includes supporting commentary from author Aruna Nair.
Chapter
Cuckmere Brick Co. Ltd v Mutual Finance Ltd [1971] Ch 949, Court of Appeal
Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Cuckmere Brick Co. Ltd v Mutual Finance Ltd [1971] Ch 949, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Chapter
13. Mortgages
This chapter examines mortgages—a form of proprietary security for the advancement of a loan. A bank or lender advances a loan and in return they are granted a mortgage: an interest in the borrower’s land. Mortgages are distinct from other loans because they are ‘secured’ on the property itself meaning that if the borrower fails to make repayments, the bank can take steps to recover its money including seeking possession of the property and selling it. This chapter explores the nature and creation of mortgages, the rights and powers enjoyed by mortgagors, the rights of mortgagees, the effect of undue influence on mortgages, and the priority of mortgages.
Chapter
13. Mortgages
This chapter examines mortgages—a form of proprietary security for the advancement of a loan. A bank or lender advances a loan and in return they are granted a mortgage: an interest in the borrower’s land. This chapter explores the nature and creation of mortgages; the rights and powers enjoyed by mortgagors and the rights of mortgagees. Beyond this, the chapter discusses the effect of undue influence on mortgages and the priority of mortgages.
Book
Chris Bevan
Academically rigorous yet welcoming and fully attuned to the needs of the student reader, Land Law represents a new breed of textbook, blending traditional and contemporary teaching approaches to guide its readers to a confident understanding of the subject. With a lively, engaging writing style and distinctive way of speaking directly to students, anticipating questions and areas of confusion, Bevan’s book does not simply set out the law but actively teaches it. Clear explanations are complemented by frequent, carefully-crafted visual aids and topics are broken down into sections that are easy to digest and navigate. ‘Key case’ boxes offer concise insights on leading cases, spurring further reading of primary material, and ‘Future directions’ conclusions for each chapter consider future implications and likely reforms. Balancing brevity with detail and rigour with accessibility, Land Law is a truly modern textbook that supports and motivates its readers, helping them to understand and enjoy what can be a complex subject.
Chapter
Royal Bank of Scotland v Etridge (No.2) [2001] UKHL 44
Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Royal Bank of Scotland v Etridge (No. 2) [2001] UKHL 44. The document also includes supporting commentary from author Nicola Jackson.
Book
Ben McFarlane, Nicholas Hopkins, and Sarah Nield
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This text incorporates a unique approach to land law which helps students understand how rules work in isolation as well as how they interlink. This approach provides the tools to accomplish high-level analysis quickly. Significant cases are emphasized here and are used to illustrate rules. Topics covered include: an introduction to what land law is, human rights, personal and property rights, and registered title. Chapters also look at the acquisition of equitable interests, trusts of land, leases, mortgages, security interest in land, easements, freehold covenants, and the defences question. Finally, the text ends with an overview of concepts and contexts.
Chapter
8. Mortgages and Security Interests in Land
This chapter examines the law governing security interests that can exist in land, with particular emphasis on the legal charge by way of mortgage in the social setting of home ownership. It first considers the four different types of security interest that can exist in land — the pledge, the lien, the mortgage, and the equitable charge — before discussing the equity of redemption and its significance into the realm of the legal charge by way of mortgage. It then explains the rights and powers of the lender on the enforcement of the security and the ways in which the law seeks to protect the borrower as the more vulnerable party during the course of the mortgage transaction. It also explores the principle of procedural fairness in transactions involving surety mortgages, focusing on the concept of undue influence, and concludes with an analysis of regulatory control of mortgage terms.
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17. Property Law and Human Rights
This chapter reflects on the interaction between property law and human rights law. Property law and human rights can interact in a number of different ways. The major division distinguishes those cases where human rights arguments are made to ‘bolster’ an existing property law-based argument, and those where the human rights argument is made to attempt to limit the scope of a property right. Thus, one can see the rules of property law and human rights working together, or they can be in conflict. The chapter first identifies the sources of human rights in English law, and then considers which rights are particularly important in relation to property law. It also looks at the mechanics by which key human rights interact with property law, and examines the question of horizontal effect in that context. Finally, the chapter addresses how human rights arguments have had influence in particular areas of land law, focusing on adverse possession, leases, actions for possession against trespassers, and mortgages.
Chapter
11. Mortgages
This chapter examines mortgages, which are fundamental to the functioning of modern land law. They are the means by which most people finance the acquisition of their property. However, mortgages are more than simply a commercial transaction between a lender and a homeowner. They are also a property right in themselves and this brings with it a wide variety of options for the lender in terms of recovering their security. They also pose huge risks for the borrower. The chapter then explains the nature of the mortgage right and considers what terms can and cannot form part of a mortgage agreement. It also details the formal requirements of mortgages in terms of their creation, and identifies problems in the creation of a mortgage and the effects of these, looking in particular at the issues caused by undue influence. Moreover, the chapter describes the rights and obligations of the borrower in a mortgage (mortgagor), as well as that of the lender (mortgagee). Finally, it reflects on the third party effects of a mortgage, priorities, and land registration.
Chapter
12. Easements and Profits
This chapter examines mortgages, which are fundamental to the functioning of modern land law. They are the means by which most people finance the acquisition of their property. However, mortgages are more than simply a commercial transaction between a lender and a homeowner. They are also a property right in themselves and this brings with it a wide variety of options for the lender in terms of recovering their security. They also pose huge risks for the borrower. The chapter then explains the nature of the mortgage right and considers what terms can and cannot form part of a mortgage agreement. It also details the formal requirements of mortgages in terms of their creation, and identifies problems in the creation of a mortgage and the effects of these, looking in particular at the issues caused by undue influence. Moreover, the chapter describes the rights and obligations of the borrower in a mortgage (mortgagor), as well as that of the lender (mortgagee). Finally, it reflects on the third party effects of a mortgage, priorities, and land registration.
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.
Book
Chris Bevan
Academically rigorous yet welcoming and fully attuned to the needs of the student reader, Land Law represents a new breed of textbook, blending traditional and contemporary teaching approaches to guide its readers to a confident understanding of the subject. With a lively, engaging writing style and distinctive way of speaking directly to students, anticipating questions and areas of confusion, Bevan’s book does not simply set out the law but actively teaches it. Clear explanations are complemented by frequent, carefully crafted visual aids and topics are broken down into sections that are easy to digest and navigate. ‘Key case’ boxes offer concise insights on leading cases, spurring further reading of primary material, and ‘Future directions’ conclusions for each chapter consider future implications and likely reforms. Balancing brevity with detail and rigour with accessibility, Land Law is a truly modern textbook that supports and motivates its readers, helping them to understand and enjoy what can be a complex subject.
Book
Martin George and Antonia Layard
This book offers contemporary coverage of a traditionally difficult subject. It moves away from the typically dense, black-letter approach adopted by many textbooks to take a more engaging look at the social context within which Land Law operates. The book is structured to reflect the key topics that are typically covered on the LLB, making it ideal for use as a main textbook, and the contextual approach and selective coverage ensure that it offers in-depth and rigorous analysis and discussion. It explains difficult rules and concepts, and guides students around the common pitfalls in areas where there is typically misunderstanding or confusion.
