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Cover Land Law Concentrate

4. Unregistered land  

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.

Chapter

Cover Land Law Concentrate

1. Introduction: proprietary rights  

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 proprietary rights. These govern people’s ability to use and enjoy both land they physically possess and land physically possessed by others. Whilst technically all land is owned by the Crown, holding an estate in land, and in particular a freehold estate that gives one rights to possess, enjoy, and use the land forever, is tantamount to actual ownership. The other type of proprietary right is an interest in land. Whilst an estate gives one a slice of time to use and enjoy land one physically possesses, an interest gives the right to use and enjoy land physically possessed by another. Proprietary rights can be either legal or equitable in status.

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Cover Land Law Concentrate

13. Freehold covenants  

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

Cover Land Law Concentrate

3. Registered land  

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 registered land. Registered land is land where title has been registered at the Land Registry. The objective behind registered land is to create a register which accurately reflects the state of registered property, both in terms of its current owner and any third party proprietary interests affecting it. Once registered, subsequent disposals of the freehold, or leasehold of more than seven years in duration, must be completed by registration to confer legal title (s 27 Land Registration Act 2002 (LRA 2002)). When registering title to land, the specific class of title registered will reflect the strength of that title; with the strongest and most common class registered being absolute title. In principle, third party proprietary interests will only affect a purchaser of registered land where they have been entered on the register, typically as a notice but sometimes (where a beneficial interest under a trust) as a restriction.

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Cover Concentrate Questions and Answers Land Law

1. Exam Skills for Success in Land Law  

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.

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Cover Concentrate Questions and Answers Land Law

12. Mortgages  

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 law of mortgages. The questions deal with issues such as their creation; clogs on the equity of redemption; the remedies of a mortgagee and protection of the mortgagor; and undue influence. Remedies of a mortgagee where the mortgagor defaults is an area of the law where, over recent years, the courts have had to consider entirely new social circumstances in relation to ‘negative equity’ and mortgage debt.

Chapter

Cover Concentrate Questions and Answers Land Law

2. Definition of Land and Finders’ Titles  

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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Cover Concentrate Questions and Answers Land Law

3. Adverse Possession  

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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Cover Land Law Concentrate

6. The leasehold estate  

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 leasehold estate. A lease is one of the estates in land capable of being legal. Without both certainty of term and exclusive possession there can be no lease, although the presence of both does not necessarily mean that a lease exists. Formalities for the creation of a legal lease differ depending upon the duration of the lease. Where these formalities have not been met, an equitable lease may exist provided there is a valid contract capable of specific performance. An equitable lease is not as good as the legal equivalent. The most common types of leases are fixed term and periodic. The process of terminating a lease by forfeiture varies depending upon the type of covenant breached.

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Cover Concentrate Questions and Answers Land Law

13. Skills for Success in Coursework Assessments  

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 chapter gives advice on skills for success in coursework assessments: how to write well, how to plan coursework assignments, how to take notes, how to research and use the databases, how to reference in footnotes and bibliographies, which will all allow you to make your argument as forcibly as you can. As an example of an approach it presents an analysis of a challenging question on the Commons Act 2006, referring to recent cases.

Chapter

Cover Concentrate Questions and Answers Land Law

5. Registered Land  

The Concentrate Questions and Answers series offer 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 questions on registered land under the Land Registration Act (LRA) 2002 and deal with all aspects of registrable interests and two categories of interest which are not registrable substantively, which include minor (registrable interests that can be protected by the entry of a notice on the register), and overriding interests (a list of which is contained in Schedule 3, LRA 2002), alongside the mirror principle.

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Cover Concentrate Questions and Answers Land Law

6. Successive Interests and Trusts of Land  

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 examines trusts of land, and at the fact that these have been simplified and made more coherent by the Trusts of Land and Appointment of Trustees Act 1996 (TLATA 1996); and includes applications for sale of land held under a trust for sale under the TLATA 1996; and rights of beneficiaries, who may sometimes be given additional powers under TLATA 1996 or may have certain TLATA powers restricted.

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Cover Land Law Concentrate

12. Easements and profits  

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

Cover Land Law Concentrate

9. Trusts of land  

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 trusts of land. The creation of concurrent interests in land generally now occurs by way of a trust of land, governed by the Trusts of Land and Appointment of Trustees Act 1996 (TLATA) and replacing their forerunner, trusts for sale. Trusts of land may be expressly or impliedly created and, where implied, may be resulting or constructive trusts. Key provisions of TLATA 1996 include: ss 6–8 governing the extent of trustees’ powers over the trust property; s 11 governing the circumstances in which trustees have a duty to consult beneficiaries when exercising their powers; ss 12–13 governing the rights of beneficiaries to occupy the trust property; and ss 14–15 governing the right of an interested party to make an application to the court for an order to resolve a dispute over trust land.

Chapter

Cover Concentrate Questions and Answers Land Law

10. Easements and Profits  

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

Cover Concentrate Questions and Answers Land Law

11. Freehold Covenants  

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

Cover Concentrate Questions and Answers Equity and Trusts

11. Equitable Estoppel  

The Concentrate Questions and Answers series offer 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. This chapter covers questions on equitable estoppel.

Book

Cover Land Law Concentrate
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. Land Law Concentrate covers the fundamental principles of this area of law and helps the reader to succeed in exams. The book starts by looking at proprietary rights. It goes on to distinguish between legal and equitable rights. It also looks at registered land, unregistered land, the freehold estate, the leasehold estate, and leasehold covenants. It also examines trusts of land, co-ownership, licences, proprietary estoppel, easements and profits, freehold covenants, and mortgages. This edition has been updated to include recent case law and exceptions to the principles of the Land Registration Act 2002.

Chapter

Cover Land Law Concentrate

14. Mortgages  

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 mortgages. A mortgage is a proprietary interest that can be legal or equitable in status. The equity of redemption encapsulates the rights of a mortgagor and includes the equitable right to redeem and the ability to have certain clauses struck out from a mortgage agreement. The mortgagor of a dwelling house has special legislative protection. Where a mortgage is obtained under undue influence, be it actual or presumed, it may be set aside. The mortgagee has various remedies available to it should the mortgagor fail to meet the mortgage payments, dependent upon the status of the mortgage. A property may be subject to more than one mortgage and where this is the case and the property is sold, proceeds from the sale will be applied in order of priority.

Chapter

Cover Land Law Concentrate

2. The distinction between legal and equitable interests  

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.