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. When a person transfers legal title to another, the legal title is said to vest in the other person. This chapter considers the rules for the transfer of title (ownership) in property in relation to different types of property. The general principle is that unless the property has been transferred by the correct legal rules then the transfer fails; it is said to be imperfect. The chapter begins by briefly considering the legal rules in relation to validly transferring property to another person. It then deals with equitable rules which have developed to overcome the strict application of the legal rules of vesting.
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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. When a person transfers legal title to another, the legal title is said to vest in the other person. This chapter considers the rules for the transfer of title (ownership) in property in relation to different types of property. The general principle is that unless the property has been transferred by the correct legal rules then the transfer fails; it is said to be imperfect. The chapter begins by briefly considering the legal rules in relation to validly transferring property to another person. It then deals with equitable rules which have developed to overcome the strict application of the legal rules of vesting.
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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 Bernstein of Leigh v Skyviews & General Ltd [1978] QB 479, High Court (Queen’s Bench Division). 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 Bernstein of Leigh v Skyviews & General Ltd [1978] QB 479, High Court (Queen’s Bench Division). 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 looks at transfer of title and third-party rights, including legal and equitable interests; registered land and the Land Registration Act (LRA) 2002; unregistered land and the Land Charges Act (LCA) 1925; and the protection of third-party rights.
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the basic principles which govern the substantive registration of estates in land. It covers registration of title (the mirror principle, the curtain principle, and the insurance principle); the form of the register (the property part, the proprietorship part, and the charges part); categories of rights in registered land; first registration of title; procedure where a sale or lease gives rise to first registration; grades of title; land certificates; conclusiveness of the register; dispositions of registered titles; and procedure on transfer of a registered title.
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the basic principles which govern the substantive registration of estates in land. It covers registration of title (mirror principle, curtain principle, and insurance principle); the form of the register (the property part, the proprietorship part, and the charges part); categories of rights in registered land; first registration of title; procedure where a sale or lease gives rise to first registration; grades of title; land certificates; conclusiveness of the register; dispositions of registered titles; and procedure on transfer of a registered title.
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Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses the acquisition of a fee simple estate in land. It first describes the two freehold properties that are currently for sale in Trant Way, Mousehole, Stilton. It then explains two systems of title and provides an outline of the conveyancing process.
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Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter continues the discussion of the planned purchase of 2 Trant Way, which has an unregistered title, by Barbara Bell. It looks at what Barbara (or, more likely, her professional adviser) will have to do, either before or after exchanging contracts, to ensure that it is safe for her to buy the property. Barbara will need to check two things about the property she is planning to buy. She needs to ensure that: Victoria Ventnor, the vendor, owns the property she is offering to sell; and the property is free from any encumbrances (third-party rights) other than those which have already been revealed. The chapter explains how these two aspects of proving title are dealt with in the unregistered system.
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Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. Another way to acquire an estate in land is by adverse possession. The Land Registration Act 2002 (LRA 2002) made major changes to the process of acquiring registered land by adverse possession, but the old rules continue to apply to unregistered land (and registered land where the period of adverse possession was completed before the new Act came into force). This chapter considers what is required to establish adverse possession, and then uses the example of another house in Trant Way to illustrate the three systems in operation: adverse possession of unregistered land; adverse possession of registered land under LRA 1925; and the new system of adverse possession of registered land established by LRA 2002. The chapter concludes with a consideration of the human rights issues arising from adverse possession.
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the rectification of the register (other than adverse possession); the situations where rectification of the register may be appropriate (‘double conveyancing’, possible negligent mistakes, registration obtained through fraud and/or forgery); rectification against a registered proprietor in possession; rectification where it would be unjust not to rectify; the effect of rectification on priorities under Land Registration Act 2002; and indemnity (indemnity for a registered proprietor where rectification is granted and indemnity for a person who is refused rectification).
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter provides an introduction to the basic concepts of land law. The discussions cover real property and personal property; property rights which give immediate use and enjoyment of land (fee simple estate and leases); property rights against land owned by other people (mortgages, restrictive covenants, easements, profits à prendre, rentcharges, rights of occupation, interest under a resulting or constructive trust, proprietary estoppel, estate contracts, options, and the trust); and proof of title to land (importance of proof of title, methods of proving that a vendor has good title, unregistered title and registered title).
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter provides an introduction to basic concepts of land law. The discussions cover real property and personal property; property rights which give immediate use and enjoyment of land (fee simple estate and leases); property rights against land owned by other people (mortgages, restrictive covenants, easements, profits à prendre, rentcharges, rights of occupation, interest under a resulting or constructive trust, proprietary estoppel, estate contracts, options, and the trust); and proof of title to land (importance of proof of title, methods of proving that a vendor has good title, unregistered title and registered title).
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the rectification of the register (other than adverse possession); the situations where rectification of the register may be appropriate (‘double conveyancing’, possible negligent mistakes, registration obtained through fraud and/or forgery); rectification against a registered proprietor in possession; rectification where it would be unjust not to rectify; the effect of rectification on priorities under Land Registration Act 2002; and indemnity (indemnity for a registered proprietor where rectification is granted and indemnity for a person who is refused rectification).
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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 unregistered land. This is land where title has not been registered at the Land Registry. Proof of ownership comes from an examination of title deeds relating to that land. Identification of any third party proprietary interests burdening a piece of unregistered land cannot be discovered by a search of the land register. Rather, an examination of the title documents and various registers is required to discover their existence. The most important is a search of the Land Charges Register which is made against the names of previous owners, not the property address. Legal interests over unregistered land bind the world, with the exception of the puisne mortgage, which requires registration as a land charge to be binding. Interests covered by the Land Charges Act 1972 must be registered as the appropriate land charge to bind a purchaser. Failure to register such an interest appropriately means that the interest will not bind certain types of purchasers of the land.
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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 unregistered land. This is land where title has not been registered at the Land Registry. Proof of ownership comes from an examination of title deeds relating to that land. Identification of any third party proprietary interests burdening a piece of unregistered land cannot be discovered by a search of the land register. Rather, an examination of the title documents and various registers is required to discover their existence. The most important is a search of the Land Charges Register which is made against the names of previous owners, not the property address. Legal interests over unregistered land bind the world, with the exception of the puisne mortgage, which requires registration as a land charge to be binding. Interests covered by the Land Charges Act 1972 must be registered as the appropriate land charge to bind a purchaser. Failure to register such an interest appropriately means that the interest will not bind certain types of purchasers of the land.
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Deducing title is the process by which the seller demonstrates to the buyer that the seller owns the property and can convey it. In a modern conveyancing transaction the parties will deduce and investigate title before contracts are exchanged. This chapter explains the process of deducing title; investigating title; and some special title situations.
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This chapter begins with an introduction to trade terms, before discussing in detail Fob and Cif contracts at common law, with a specific focus on the passing of property and risk in the goods, It concludes with a look at the attempts by the International Chamber of Commerce to standardize and clarify the meaning of these terms. Trade terms provide a mechanism whereby buyers and sellers of goods can conveniently express their intentions. Typically, so far as the parties are concerned, the key issue is the allocation of the cost of transportation of the goods from the seller to the buyer, but to the lawyer, more important are the issues of when risk and property in the goods pass, and when delivery is made.
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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.
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This chapter examines the protection provided by tort law against wrongful interference with goods, which generally protect possession rather than title to goods (or ownership) as such. It explains that the action for trespass to goods affords a remedy where there has been an intentional or careless direct interference with goods in the claimant’s possession at the time of the trespass. This chapter also considers conversion, which is concerned with intentional dealings with goods that constitute a denial of the claimant’s rights. It discusses the remedies available for torts to goods contained in the Torts (Interference with Goods) Act 1977.
