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Chapter

Cover Textbook on Land Law

3. Buying a house  

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, and their prospective buyers, Barbara Bell (buying ‘unregistered land’), and Mr and Mrs Armstrong (buying ‘registered land’). It explains the two systems of title (registered and registered) that currently exist in English law and provides an outline of the conveyancing proces.

Chapter

Cover The Principles of Land Law

3. Registered and Unregistered Land  

This chapter discusses one of the most important components of the land law system: the registration of title to land. This is the system whereby rights in land are recorded on a publically available register. The chapter first examines some of the history of English land law in the 20th and 21st centuries, considering the 1925 reforms and the Land Registration Act 2002. It also describes what the land register is, and how it fits into the system of rights in land. Land registration essentially contains three guiding rules. Certain rights must be registered to be created. Once registered, the effect of such rights is determined by their registered status. The relationship between the right-holder and third parties who later acquire rights in, or transact in relation to, the relevant land is, again, determined by registration. The register therefore has three functions: it controls creation of rights, the effects of such rights, and the interaction between rights. In this sense, registration fundamentally determines how land law works. The chapter then looks at the principles of conveyancing in unregistered land.

Chapter

Cover Textbook on Land Law

5. Unregistered land  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter explains the process of buying unregistered land, focusing on the example of Barbara Bell who was introduced in Chapter 3 as a buyer of an unregistered freehold estate, 2 Trant Way. It explains how a buyer of unregistered land ‘deduces title’ (confirming that the seller of a freehold estate is indeed its owner) and checks for burdens affecting the land, including a discussion of burdens that must be registered on the separate ‘land charges register’ to bind a buyer of unregistered land. Finally, it considers the requirements for completing a purchase of unregistered land, including the requirement to apply for first registration of that land.

Chapter

Cover Textbook on Land Law

5. Unregistered land  

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.

Chapter

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 The Principles of Land Law

5. Land Registration  

This chapter explores how the English land law land registration system works in practice. The land registration system achieves three goals. The first is as a method of controlling the way in which rights are created. The second is in terms of managing the effect of such rights, once they have been created. The third is as a means to regulate the interactions between different proprietary rights which exist in relation to the same piece of land. The chapter considers the first two functions: mode of rights creation and effect of rights creation. It then looks at what happens when these functions go wrong within the system — how do the principles of registered land interact with the inevitable reality of both human error and human creativity? In answering this issue, the chapter considers how the register is rectified and altered. Finally, it examines potential reforms, including those proposed by the Law Commission, and the possibility of the advent of e-conveyancing. The Law Commission has now begun the process of bringing about reform of the Land Registration Act 2002 to allow for the smoother operation of the registration system in cases of error.

Chapter

Cover Thompson's Modern Land Law

4. Unregistered Land and the Law of Property Act 1925  

In 1925, England enacted substantial legislation that recast the existing Land Law, and which provided the framework on which modern Land Law was developed for more than seventy-five years. The essential framework remained intact until the enactment of the Land Registration Act 2002, which replaced, and substantially modified, the Land Registration Act 1925. But while the Land Registration Act 2002 is an important piece of legislation relating to land ownership in England, the 1925 legislation will still provide a good deal of the theoretical underpinning of the subject. This chapter discusses the main strategies of the 1925 legislation, focusing on its effect on unregistered land. It first describes Land Law after 1925 before turning to legal estates, legal interests in land, equitable rights, land charges registration under the Land Charges Act 1925, unregistrable interests, and classification of interests.

Chapter

Cover Textbook on Land Law

1. Estates in land  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter introduces Trant Way, a road in the fictitious town of Mousehole in the county of Stilton, which will be used throughout the book to illustrate the application of land law rules in practical situations. It also describes one of the houses along the road, Trant House, which in the story presented here has just been put up for sale by its owner, Vernon. It follows a prospective purchaser who is viewing Trant House to explain what is meant by ‘owning land’. The discussion cover topics such as tenure, estates in land, and the 1925 reforms of land law.

Chapter

Cover Textbook on Land Law

15. Settled Land Act settlements  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter briefly discusses the Settled Land Act (SLA) settlement created before 1 January 1997, the other form of trust which still exists in relation to land. It addresses the following three questions: who holds the legal estate in settled land? Are there trustees? What sort of property may be subject to a SLA settlement?

Chapter

Cover Textbook on Land Law

21. Special rights in relation to the family home  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter brings together some matters about the family home, and provides additional information about certain statutory rights which members of a family may have in respect of their homes, contrasting the rights of married couples and civil partners with the more limited rights of cohabitants. In conclusion, the chapter outlines past proposals for reform of the law relating to cohabitants’ rights in the family home. It illustrates the issues considered by reference to 11 Trant Way (occupied by Mr and Mrs Mould), 12 Trant Way (occupied by Mildred Mumps and Henry Newton) and 2 Trant Way (occupied by Barbara Bell and her father, Bob).

Chapter

Cover Textbook on Land Law

23. Priorities in relation to mortgages and charges  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter explains the rules relating to priorities between successive mortgages and charges and between mortgages and charges and other estates and interests in land. It covers the priorities of mortgages of an equitable interest; the priorities of mortgages of a legal estate; the priorities of three or more mortgages; mortgagee’s right to tack further advances; and interests prior to the mortgage.

Chapter

Cover Textbook on Land Law

1. Estates in land  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter introduces Trant Way, a road in the fictitious town of Mousehole in the county of Stilton, which will be used throughout the book to illustrate the application of land law rules in practical situations. It also describes one of the houses along the road, Trant House, which in the story presented here has just been put up for sale. It follows a prospective purchaser who is viewing Trant House to explain what is meant by ‘owning land’. The discussions also cover topics such as tenure, estates in land (freehold and leasehold estates), and the two modern legal estates.

Chapter

Cover Textbook on Land Law

15. Settled Land Act settlements  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter briefly discusses the Settled Land Act (SLA) settlement, the other form of trust which still exists in relation to land. It addresses the following three questions: who holds the legal estate in settled land? Are there trustees? What sort of property may be subject to a SLA settlement?

Chapter

Cover Textbook on Land Law

21. Special rights in relation to the family home  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter brings together some matters about the family home, and provides additional information about certain statutory rights which members of a family may have in respect of their homes, contrasting the rights of married couples and civil partners with the more limited rights of cohabitants. In conclusion, the chapter outlines proposals for reform of the law relating to cohabitants’ rights in the family home.

Chapter

Cover Textbook on Land Law

23. Priorities in relation to mortgages and charges  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter explains the rules relating to priorities between successive mortgages and charges and between mortgages and charges and other estates and interests in land. It covers the priorities of mortgages of an equitable interest; the priorities of mortgages of a legal estate; the priorities of three or more mortgages; mortgagee’s right to tack further advances; and interests prior to the mortgage.

Chapter

Cover Essential Cases: Land Law

Nasrullah v Rashid [2018] EWCA Civ 2685, 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 Nasrullah v Rashid [2018] EWCA Civ 2685, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Nasrullah v Rashid [2018] EWCA Civ 2685, 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 Nasrullah v Rashid [2018] EWCA Civ 2685, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Land Law Directions

11. Trusts of land  

This chapter focuses on what the law requires of trustees of land and how it protects the beneficiaries of those trusts. All trusts of land are now governed by the statutory framework set out in the Trusts of Land and Appointment of Trustees Act 1996. The Act sets out the rights and responsibilities of trustees, and the rights of beneficiaries, under a trust of land. Trustees have extensive powers over the land but have a duty to act in the interests of the beneficiaries, to consult them, and to give effect to their wishes where possible. The beneficiaries (with an interest in possession) have a right to occupy the land, although the trustees have the power, under certain circumstances, to restrict or exclude them from occupation. The chapter also discusses the powers of the court under TOLATA 1996, cases of bankruptcy, and the Settled Land Act 1925.

Chapter

Cover Land Law Directions

7. The sole owner of land  

This chapter discusses what it means to be the ‘owner’ of a property. In registered land, whoever is entered into the proprietorship register as the registered proprietor of the property is deemed to have the authority to deal with the land as an owner. The chapter discusses three alternative scenarios when the land register shows a sole registered proprietor; the first is that the registered proprietor is the sole legal and equitable owner of the land; the second is that the registered proprietor is the sole legal owner, holding the equitable title on trust for someone else; the third is that the registered proprietor is the sole legal owner, holding the equitable title on trust for themself and (an)other equitable owner(s). The chapter considers the potential dangers for equitable owners and purchasers and explains the law that has been put in place to protect them.

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.