The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on family property, both real and personal. The first question is a problem question concerning an unmarried couple who have separated, whilst the second is an essay question on property registered in joint names.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on family property, both real and personal, the difference between legal and beneficial ownership of real property, and ownership of personal property in bank accounts. The rights arising from cohabitation are also discussed and compared to rights arising from marriage. The first question is a problem question concerning an unmarried couple who have separated, whilst the second is an essay question on property registered in joint names.
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The purchase deed transfers the legal estate in the property from the seller to the buyer. Whereas the contract sets out what the parties have agreed, the purchase deed actually puts those agreed terms into effect. This chapter discusses drafting and approving the deed; forms of purchase deed; the plan in a purchase; execution of purchase deed; and advising the client.
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Titles in the Casebook on series provide readers with a comprehensive selection of case law extracts for their studies. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter begins with a brief overview of the history of equity in English law. It then discusses the nature of the trust; and distinctions between legal and equitable ownership.
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This chapter is intended to provide an introduction to the concepts that underpin the law as it relates to property other than estates and interests in land. The issues in the chapter are complex and there remain numerous troublesome areas where the law is far from clear. The chapter begins by considering some basic principles and outlining the way in which English law categorizes property before moving on to consider how ownership is best thought of as a bundle of rights over something that the law recognizes as something which can be owned. Two of the three types of proprietary claim to personal property are discussed here—ownership and possession—followed by a discussion of the nature of legal ownership, including co-ownership, along with the difference between legal and equitable ownership.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Citro [1991] Ch 142, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Citro [1991] Ch 142, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Chapter
This chapter is intended to provide an introduction to the concepts that underpin the law as it relates to property other than estates and interests in land. The issues in the chapter are complex and there remain numerous troublesome areas where the law is far from clear. The chapter begins by considering some basic principles and outlining the way in which English law categorizes property before moving on to consider how ownership is best thought of as a bundle of rights over something that the law recognizes as something which can be owned. Two of the three types of proprietary claim to personal property are discussed here—ownership and possession—followed by a discussion of the nature of legal ownership, including co-ownership, along with the difference between legal and equitable ownership.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Citro [1991] Ch 142, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
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Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter introduces the specific ideas that form the building blocks of land law, namely property rights in land, and explains how they evolved by a mixture of design and accident. It is organized as follows. The first part is about ownership rights, covering tenure, estate, leasehold ownership, freehold, leasehold, and commonhold. The second part describes the systems of law and equity and the contrast between legal and equitable ownership rights. The third considers the range of non-ownership rights, both legal and equitable. The result is a heap of rights which may all be found in one piece of land. The fourth part explains a little about the enforceability of legal and equitable property rights.
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This chapter discusses ‘express’ co-ownership of land—the situation in which owners make a conscious decision to own land together. It first briefly defines the two types of co-ownership—joint tenancy and tenancy in common—and distinguishes between legal and equitable ownership. It then discusses legal title and equitable title in relation to joint tenancy and tenancy in common; and how to differentiate between joint tenancy and tenancy in common in practice. The chapter also considers the issue of severance, which converts the status of a co-owner from joint tenant to that of tenant in common, as well as the impact of co-ownership on the land register.
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This chapter discusses ‘express’ co-ownership of land—the situation in which owners make a conscious decision to own land together. It first briefly defines the two types of co-ownership—joint tenancy and tenancy in common—and distinguishes between legal and equitable ownership. It then discusses legal title and equitable title in relation to joint tenancy and tenancy in common; and how to differentiate between joint tenancy and tenancy in common in practice. The chapter also considers the issue of severance, which converts the status of a co-owner from joint tenant to that of tenant in common, as well as the impact of co-ownership on the land register.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Burgess v Rawnsley [1975] 3 All ER 142, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Burgess v Rawnsley [1975] 3 All ER 142, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
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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.
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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.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Burgess v Rawnsley [1975] 3 All ER 142, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Book
Elizabeth Cooke
Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. Land Law looks at the way in which the law regulates our relationship with the land on which we walk, work, and live. The field of land law is about the connections between people and land, and also the relationships between people, jostling for space and allocating resources. As people change, so do the ways they use and think about land: land law today looks very different from how it did fifty years ago, and in another generation's time it will have changed again. The volume introduces the building blocks of land law, namely property rights in land, and explains how they have evolved by a mixture of design and accident. The text examines ownership rights, non-ownership rights, both legal and equitable, and provides analysis of how these different rights can apply to a single piece of land, and how they are managed and enforced. Throughout the text, the role of registration is central, and the implications of the Land Registration Act 2002 for English land law are fully explored.
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Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter looks at the wider issues involved in the joint ownership of land. It looks at four broad categories of joint ownership. Case one is the joint purchase, where ownership rights are concurrent and all or some of the beneficiaries are also the trustees. Case two is co-ownership claimed or discovered, or perhaps agreed, when the relationship between the joint owners has broken down. Case three is the deliberate settlement or ‘express trust’ — express because it must be set up expressly, deliberately, by a written declaration of trust. Case four is joint ownership set up by will or by the rules of intestacy, on a temporary basis for the sake of passing property along.
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Titles in the Casebook on series provide readers with a comprehensive selection of case law extracts for their studies. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter examines the relationship between constructive trusts and unconscionability. It demonstrates that the English constructive trust is an ‘institutional’ rather than a ‘remedial’ constructive trust. It discusses common categories of constructive trust and significant theoretical and practical distinctions between the principal ‘methods’ (resulting trust, constructive trust, and proprietary estoppel) by which equity recognises informal shared ownership of land.
