Book

Cover Essential Cases: Land Law
Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in land law. Each summary begins with a review of the main case facts and decisions. The summary is then concluded with expert commentary on the case from the author, Aruna Nair, including her assessment of the wider questions raised by the decision.

Book

Cover Essential Cases: Land Law
Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in land law. Each summary begins with a review of the main case facts and decisions. The summary is then concluded with expert commentary on the case from the author, Aruna Nair, including her assessment of the wider questions raised by the decision.

Chapter

Cover The Principles of Land Law

5. Land Registration  

the ‘essential’ facts of existing case law, we can categorise different land registration disputes according to their core components. Then, when a problem question or new case emerges

Chapter

Cover The Principles of Land Law

17. Property Law and Human Rights  

proportionate’. 21 In other words, the essential question was whether an individual proportionality assessment was required in every case, or whether it could be assumed that the

Chapter

Cover The Principles of Land Law

7. Implied Trusts  

that a knowledge of how they work in practice from existing case law is essential. Appreciating the rich tapestry of this case law is crucial to a robust analysis of the doctrines.

Chapter

Cover The Principles of Land Law

8. Proprietary Estoppel  

estoppel in the case was an interest in some senses, akin to a trust, 102 in the sense that it related to a family home-type case. Thus, per Walker LJ: ‘[t]he essential distinction is

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Cover The Principles of Land Law

11. Mortgages  

we are in a confident lending market may well be one of the essential keys to economic recovery’. 46 Thus, from this case we can conclude that not only can a lender sell without a court

Chapter

Cover The Principles of Land Law

13. Freehold Covenants  

rights, is a case involving the principle at all, even though it is said to be the foundational case for that principle! Key case: Halsall v Brizell [1957] Ch 169 This case involved

Chapter

Cover Textbook on Land Law

26. What is land?  

particular case, they determined that the parties should each be responsible for half of the costs of the repairs. The case therefore leaves much room for dispute in any future case in which

Chapter

Cover The Principles of Land Law

6. Adverse Possession  

the line should be drawn. What this case emphasises is that the fact of being in adverse possession for the required time is absolutely essential, whatever the response of the land registry

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Cover The Principles of Land Law

12. Easements and Profits  

profits is very narrow here, as shown by the case Mitchell v Potter. 100 Key case: Mitchell v Potter [2005] EWCA Civ 88 In this case, the claimant was a farmer who had a right

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Cover The Principles of Land Law

9. Freehold Estate  

a ‘reasonable’ height. This emerged in the case of Bernstein. 5 Key case: Bernstein of Leigh v Skyviews [1978] QB 479 In this case, Skyviews were a company which flew over the

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Cover The Principles of Land Law

10. Leases  

consideration of case AG Securities v Vaughan and Antoniades v Villiers. 7 Key case: AG Securities v Vaughan and Antoniades v Villiers [1990] 1 WLR 766 These two cases were addressed

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Cover The Principles of Land Law

2. Personal and Property Rights in Land  

become an essential part of the design of the house and grounds, then they can become part of the land even if they have not been physically attached to the land but, in the case of a large

Chapter

Cover Textbook on Land Law

19. Proprietary estoppel  

In such a case, equity would regard him as being estopped from asserting his own rights to ownership of the land. A simple example is to be found in the hypothetical case discussed

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Cover The Principles of Land Law

4. Formalities and the Creation of Rights in Land  

This point is emphasised in Helden v Strathmore Ltd.9 Key case: Helden v Strathmore Ltd [2011] EWCA Civ 452 This case highlights the important point that section 2 Law of Property

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Cover Textbook on Land Law

16. The rule against perpetuities  

continue to be subject to the old rules (PAA 2009, s. 16). Therefore, it will be essential in each case to check exactly when the deed giving effect to the trust was created or the testator

Chapter

Cover The Principles of Land Law

15. Priorities  

by the court in that case has been case into doubt by what was HM Adjudicator in Rosefair v Butler. 86 Key case: Halifax v Popeck [2008] EWHC 1692 This case concerned a fraud

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Cover Textbook on Land Law

18. Trusts of the family home  

sole-name cases, and 18.4 Joint-names cases 18.4 covers how the principles developed in these cases have been applied where the family home is jointly owned. 18.2 Sole-name cases: es

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Cover The Principles of Land Law

18. Torts  

by referring to a number of cases, that it is quite simply untrue as a matter of case law that nuisance only involves direct interference. Of the cases he cites we have already mentioned