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Chapter

Cover Essential Cases: Land Law

AG Securities v Vaughan; Antoniades v Villiers [1990] 1 AC 417, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in AG Securities v Vaughan; Antoniades v Villiers [1990] 1 AC 417, House of Lords. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

AG Securities v Vaughan; Antoniades v Villiers [1990] 1 AC 417, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in AG Securities v Vaughan; Antoniades v Villiers [1990] 1 AC 417, House of Lords. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Complete Land Law

4. Protection of Legal and Equitable Property Rights in Unregistered Land  

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 protection of legal and equitable rights in those titles that are still subject to the rules governing unregistered land, including the impact of the Law of Property Act 1925 on equitable interests. Regarding land which is unregistered title, the law divides the existing equitable interests into three groups: those registrable as land charges; those which are ‘overreachable’; and those which are neither registrable as land charges nor overreachable, and are therefore still subject to the doctrine of notice. It investigates the elements of the doctrine of notice and includes cases studies on legal and equitable property rights and constructive notice through failure to investigate. Finally, the position of successors in title to a purchaser without notice is considered.

Chapter

Cover Essential Cases: Land Law

Binions v Evans [1972] Ch 359, 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 Binions v Evans [1972] Ch 359, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Binions v Evans [1972] Ch 359, 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 Binions v Evans [1972] Ch 359, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Land Law

3. Unregistered Land  

This chapter focuses on unregistered land. Unregistered land continues to play a residual (if diminishing) role in contemporary land law. Although its influence is dwindling, there will remain a core clutch of land for which, for the foreseeable future, there will be no trigger for compulsory land registration and it will therefore remain unregistered. An appreciation of the principles of unregistered land gives students a better insight into and a more informed angle on the principles of registered land and their effectiveness. Almost 100 years after the 1925 raft of legislation, much of which was designed to facilitate land registration, unregistered land principles therefore retain a significance. The chapter considers how dealings with unregistered land, known as ‘title deeds conveyancing’, operate.

Chapter

Cover Complete Land Law

6. Interests Protected by Registration and Overriding Interests  

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 which interests require protection by registration and how interests in registered land are protected. It demonstrates how the priority of interests in registered land is determined, providing a basic rule that the priority of any interest in registered land is determined by the date of creation. It discusses searches of the register. It also discusses how to determine what are overriding interests (i.e. unregistered interests which override registered dispositions) and the meaning of the term ‘actual occupation’.

Chapter

Cover Land Law Directions

4. Registration of title  

This chapter examines registration of title, commonly called registered land, another fundamental reform of the 1925 property legislation. The first attempt at universal registration of title to land was the Land Registration Act 1925. This has since been replaced by the Land Registration Act 2002, which is itself the subject of a recent Law Commission report proposing reforms to the current law. Any transfer of land that is not yet registered will trigger registration of title, and thereafter the land will be subject to the law on registration. The government has announced a commitment to comprehensive registration of title by 2030. The chapter deals with the principles of registration; first registration of title; substantive registration; interests protected by notice, restriction, and overriding interests; alteration and rectification of the register; the correction of mistakes in the register and the payment of indemnity or compensation for mistakes. Proposals for reform are also discussed.

Chapter

Cover Land Law

16. Priorities in Registered Land  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the defences against pre-existing property rights that are available to a party who acquires for value and registers a right in registered land. The Land Registration Act 2002 (LRA 2002) offers a distinct set of priority rules for one category of transaction: a registrable disposition of a registered estate for valuable consideration. The chapter analyses the priority rules applicable to such transactions, including the effect of the entry of a land registry notice, the category of ‘overriding interests’ (property rights immune to a lack-of-registration defence), and limitations on the powers of a registered owner. The chapter concludes by examining the policy of the LRA 2002 to transactions that are tainted by fraud or wrongdoing that is not such as to invalidate the transaction. Such transactions may result, under the general law, in the creation of new direct rights which may, for example, impose personal liability on a registered party.

Chapter

Cover Land Law Directions

2. The structure of land law  

This chapter discusses the origins and structure of modern land law, tracing the development of two kinds of estates and interests: at common law and in equity. It discusses the meaning of estates in land, and legal and equitable rights; examines the differences between the two; and explains why it matters whether a right in land is legal or equitable. The different effects of legal and equitable interests on purchasers of land are noted, because common law acts in rem and equity in personam. This gave rise to the doctrine of notice. The reforms introduced by the 1925 Property Acts are explained, including reduction of legal estates in land to two: the fee simple absolute in possession (freehold) and term of years absolute (leasehold)—Law of Property Act 1925, s. 1(1). Registration of land charges partially reformed the doctrine of notice, and overreaching was introduced. The Land Registration Act 1925 introduced compulsory registration of title; there are now two systems: registered and unregistered land.