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Cover Land Law

19. Leases  

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 focuses on a key feature of a lease: its ability to count as a property right. It explores the three principal questions that apply to any property right: the content question, the acquisition question, and the defences question. It evaluates how the judges’ approach to defining the content of a lease as a property right may have been affected by the presence of statutory protection. The courts’ approach to the content of a lease may be shaped by the fact that, if B has such a right, he or she may qualify (or have qualified) for significant statutory protection. It also considers the impact of the requirement that a lease must have a certain term. The chapter also considers the debate as to the contractual or proprietary nature of the lease.

Chapter

Cover Land Law

9. Easements  

This chapter examines easements and how they relate to the content, acquisition and defences questions. Easement refers to the right of a landowner to enjoy a limited use of neighbouring land. An essential feature of an easement is the need for two pieces of land: the dominant land to which the benefit of the easement is attached and the servient land over which the easement is exercised. This chapter considers the four defining characteristics of an easement: there must be two distinct areas of land — dominant land and servient land; the dominant and servient land must be owned by different people; the easement must ‘accommodate’ the dominant land; and the right must be capable of forming the subject matter of a grant. It also discusses, in relation to the acquisition question, the express and implied creation of an easement, as well as the involuntary acquisition of an easement through prescription. It concludes by considering with the defences that can defeat an easement.

Chapter

Cover Land Law

11. The Defences Question  

This chapter examines land law's priority rules, conceptualized as the defences question. Priority rules refer to a set of rules that determine the circumstances in which a property right held by one party (B) against another party's title (A) can be enforced when A transfers the title to a third party (C) or grants a mortgage over the title to C as security for a loan. The chapter considers the circumstances in which C has a defence against B's claim to priority, focusing on priority rules that apply in registered land. It also discusses the specific rules provided in the Land Registration Act 2002 for registered dispositions of registered estates for valuable consideration and two defences that operate outside the provisions of the Act; the defence of consent and overreaching.

Chapter

Cover Concentrate Q&A Criminal Law

3. Murder and Manslaughter  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This chapter presents sample exam questions on murder and manslaughter and suggested answers. The key issues of direct and oblique intent as it applies to murder are considered. The chapter also deals with the changes to the partial defences to murder (loss of control and diminished responsibility) brought about by the statutory provisions in the Coroners and Justice Act 2009, and the differences between the types of involuntary manslaughter (by an unlawful act, by gross negligence, and by recklessness).

Chapter

Cover Concentrate Q&A Criminal Law

4. Non-Fatal Offences Against the Person  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This chapter presents sample exam questions on non-fatal offences against the person and suggested answers. The questions cover all the typical offences against the person one would expect to find on a standard criminal law syllabus. The emphasis in this chapter is on the Offences Against the Person Act 1861, in particular ss 18, 20, and 47. Common law assault and battery are also covered. Self-defence and the common law defence of consent are also considered.

Chapter

Cover Concentrate Q&A Criminal Law

7. Defences  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This chapter presents sample exam questions focusing on the defences. The chapter covers the mental defences of insanity, automatism, and intoxication, as well as the compulsion defences of duress, necessity, and self-defence. Defences affecting the mental element can be quite similar, and there is considerable overlap. Therefore, questions on these defences need to be tackled technically and logically. The test for duress is tighter than in the past, and there is considerable debate over whether the defence of necessity exists at all.

Chapter

Cover Land Law

15. The Priority Triangle  

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 addresses the question of when C can have a defence to B’s pre-existing property right. It thus covers the basic principles that apply when answering the priority question. It examines how a court determines which of two competing property rights arose first. It also examines exceptions to the basic rule, acknowledged by s 28 of the Land Registration Act 2002 that B’s property right, where it arises before C’s property right, will take priority.

Chapter

Cover Land Law

18. Reform of the Land Registration Act 2002  

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 looks at recent Law Commission proposals to reform the Land Registration Act 2002 (LRA 2002). It focuses on reforms that relate to situations where there are gaps in the protection of a registered party: rectification and overriding interests. It considers the current law on rectification in three-party cases and the reforms proposed by the Law Commission. It considers not only the Law Commission’s proposals on overriding interests, but also other ideas for reform, such as the extension of indemnity payments. The chapter contrasts the rhetoric in the Law Commission’s recent work with that which preceded the LRA 2002 and notes how the new proposals are based on a more nuanced approach, which balances the need of a registered party against other policy concerns.

Chapter

Cover Land Law

10. Freehold Covenants  

This chapter examines the proprietary effect of covenants relating to freehold land as agreements that can be enforced against subsequent owners of the servient land by subsequent owners of the dominant land. It first considers the terminology and structure used to create freehold covenants relating to land before discussing the enforceability of the burden of freehold covenants to define who can sue for breach of covenant. It then looks at indirect enforcement of positive obligations and explains how freehold covenants relate to the acquisition and defences questions. It also analyses the entitlement to the benefit of freehold covenants to define who can sue for breach of covenant, the common remedies for breach of a freehold covenant, and the statutory jurisdiction to alter outdated covenants. Finally, it evaluates a number of proposals to reform the law governing land covenants.

Book

Cover Land Law

Ben McFarlane, Nicholas Hopkins, and Sarah Nield

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This text incorporates a unique approach to land law which helps students understand how rules work in isolation as well as how they interlink. This approach provides the tools to accomplish high-level analysis quickly. Significant cases are emphasized here and are used to illustrate rules. Topics covered include: an introduction to what land law is, human rights, personal and property rights, and registered title. Chapters also look at the acquisition of equitable interests, trusts of land, leases, mortgages, security interest in land, easements, freehold covenants, and the defences question. Finally, the text ends with an overview of concepts and contexts.

Chapter

Cover Land Law

1. What is Land Law?  

This chapter introduces the reader to land law and explains why land law is studied at all. It also tackles three fundamental questions that are used to understand and structure the often complex rules encountered in land law: the content, acquisition, and defences questions. Three specific case law examples are discussed: National Provincial Bank v Ainsworth (1965), Williams & Glyn's Bank v Boland (1981), and City of London Building Society v Flegg (1988). Other topics covered in this chapter include: the importance of the statutory framework established by the Law of Property Act 1925 and the Land Registration Act 2002; the focus of land law on private rights to use land; the key distinction between personal rights and property rights; the importance of equitable rules and of statute in shaping land law; and the key role played by land registration in modern land law.