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Chapter

Cover The Principles of Land Law

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

Cover The Principles of Land Law

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.

Chapter

Cover The Principles of Land Law

16. Co-Ownership  

This chapter studies the trust of land, and how this legal structure is used to manage co-ownership of land. It first describes the nature of interests under a trust of land, and the rights and obligations for trustees and beneficiaries which arise as a result of the creation of such a trust. The chapter then details the different forms of concurrent co-ownership which can exist in relation to land, looking at joint tenancies and tenancy in common as well as the process of severance. Since co-ownership cannot exist without a trust, it is useful to have understood trusts generally before examining it as a tool to manage co-ownership situations. Finally, the chapter assesses the regulation of disputes between trustees, beneficiaries, and third parties. Partly these disputes relate to questions of priority, and so it is useful to read this chapter in conjunction with the previous one concerning the general priority rules.

Chapter

Cover The Principles of Land Law

8. Proprietary Estoppel  

This chapter addresses proprietary estoppel, which is one of the land law doctrines which allows for the creation of rights in land without a written contract or other formal document. It arises when a person (the promisor) makes a promise to another (the promisee) in relation to their land, and then attempts to go back on that promise in circumstances where it was unfair to do so. Given the general policy of formality, with its associated benefits of certainty and clarity, one must consider the rules relating to proprietary estoppel from the perspective not only of when proprietary estoppel generates rights in land, but also why it does so. This is particularly important in relation to estoppel since it represents a general and potentially broad exception to the formality rules discussed in the fourth chapter. There are three forms of proprietary estoppel: estoppel by representation, estoppel by acquiescence, and estoppel by assurance or promise. The chapter then discusses the consequences of estoppel arising in terms of remedies and effects on third parties. It also examines the relationship between estoppel and formalities, and estoppel and constructive trusts.

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.

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 Land Law

17. Co-ownership and Priorities: The Defences Question  

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 deals with the priority rules applicable where co-owned land is sold or mortgaged. It concentrates on overreaching. It is theorized that s 27(1) of the Law of Property Act 1925 (LPA 1925) provides the basis of overreaching. Other theories include that the basis of overreaching lies in the doctrine of conversion and the trustees’ powers of disposition. The chapter considers the preconditions for overreaching to take place and the practical division that arises between trusts with one and two (or more) trustees. The chapter explores the contentious question of the effect on overreaching where a transaction constitutes an intra vires or ultra vires breach of trust and the protection available to purchasers in those circumstances where a breach of trust precludes overreaching.

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 Thompson's Modern Land Law

1. Introduction to Property and Land  

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is a third-party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third-party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.

Chapter

Cover Thompson's Modern Land Law

13. Proprietary Estoppel  

Estoppel is seen as having two main forms. In the law of contract, it is seen principally as having a defensive function, operating to modify the doctrine of consideration to prevent one party to a contract from fully enforcing his contractual rights against the other. This form of the doctrine, termed promissory estoppel, is seen traditionally as being defensive in nature: it is a shield and not a sword. In land law, by contrast, it has long been accepted that estoppel can operate directly to found a cause of action. When operating in this way, the doctrine is referred to as proprietary estoppel. This chapter discusses how a claim in proprietary estoppel is established, where a claimant relies upon an assurance to their detriment in unconscionable circumstances, as well as how a court decides how to satisfy the equity that arises in a successful claim—the question of remedy.

Chapter

Cover Thompson's Modern Land Law

5. Registration of Title  

The 1925 legislation was enacted in part to encourage the development of the registration of title to land, to which end the basic doctrines of substantive Land Law had to be simplified. Thereafter, the legislation’s ultimate goal has been to make sure that all land titles in England and Wales are registered. Registration of title aims to facilitate the security of land ownership and land transfer. This chapter focuses on the registration of land titles in England and Wales. After providing an overview of the basics of title registration, it discusses the Land Registration Act 2002, registrable interests, registration with an absolute title, third-party rights, unregistered interests which override registration, titles that are less than absolute, dealings with registered land, and indemnity as a result of alteration of register.

Chapter

Cover Land Law Directions

13. Covenants in freehold land  

This chapter focuses on covenants in freehold land. A covenant is a promise made by one landowner to another regarding the use of freehold land. Enforceability is not a problem when considering the original parties to a covenant. The parties have simply entered into a contract with each other. Complications are caused, however, by Law of Property Act 1925, s. 56(1), which extends the scope of persons who may be counted as original covenantees, and the Contracts (Rights of Third Parties) Act 1999, which enables the benefit of a contract to be given to those who are not parties to it. The common law and equitable rules for passing of the benefit and burden of a covenant, positive covenants, breach of covenants, modification and discharge of covenants, and proposals for reform are discussed.

Chapter

Cover Concentrate Questions and Answers Land Law

4. Transfer of Title and Third-Party Rights  

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.

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.

Chapter

Cover Land Law Concentrate

11. Licences and proprietary estoppel  

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 licences. A licence is permission given by the licensor to the licensee to allow the latter to enter the land of the former, which, without such permission, would otherwise amount to a trespass. Different types of licences have different rules in relation to the original parties and successors in title. A bare licence is revocable by the licensor and does not bind a third party. A licence coupled with an interest, i.e. a profit à prendre, may be irrevocable and may bind a third party whilst the interest remains. Contractual licences arise under the terms of a contract. An estoppel licence arises as a result of a representation by the licensor and a detrimental reliance by the licensee. It is binding between these two parties but is also capable of binding a third party.

Book

Cover Concentrate Questions and Answers Land Law
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.