Land Law 7e

Acknowledgments Preface Table of cases Table of statutes and statutory material Table of EC legislation PART 1: LET'S START AT THE VERY BEGINNING: LAYING THE FOUNDATION 1. THE WHO, HOW, WHY AND WHAT OF LAND LAW- An introduction to this book and to the subject Why yet another land law book? A. About this book Who cares? The many and varied people who can be affected by the ownership of and dealings with interests in land. What are they? Estates and interests in land How can they exist? Classification of interests How can you hold them? The various ways in which the legal estates can be held Who does what? The respective roles of trustees and beneficial owners and of landlords and tenants How can you acquire them? The rules, principles and formalities governing the acquisition of interests in land When and for how long? The points in time at which a holder acquires and loses his interest in land How can you protect them? Methods of protection afforded to all interests in land after 1925 Human Rights Reform -Proposals regarding certain aspects of land law How to apply it all B. What is Land Law? C. What types of property are there? D. What is land? To the heavens above To the depths of the earth Whatever is attached to the ground Fixtures and fittings All land belongs to the Crown E. Licences What's the problem? Licences in context Who cares? Those who will be affected What are they? Nature and characteristics of licences Summary Further reading 2. HOW CAN YOU ACQUIRE THEM? The rules, principles and formalities governing the acquisition of interests in land I. Formal acquisition What's the problem? Formalities in context Who cares? Those who will be affected What is it? The rules, principles and formalities governing the acquisition of interests in land Deeds E-conveyancing Contracts Equitable interests II. Informal acquisition A. Adverse possession What's the problem? Adverse possession in context Who cares? Those who will be affected What is it? The nature and characteristics of adverse possession Adverse possession of unregistered land Adverse possession of registered land Remedies B. Proprietary estoppel What's the problem? Proprietary estoppel in context Who cares? Those who will be affected What is it? The nature and characteristics of proprietary estoppel How to satisfy the equity Quantification Categories of estoppel How to protect them: ensuring the interest is binding on third parties Summary Further reading 3. HOW CAN YOU PROTECT THEM? Methods of protection afforded to all interests in land What's the problem? The need to protect interests in context Who cares? Those who will be affected A. Before 1926 Legal interests Equitable interests The doctrine of notice B. After 1925: Unregistered land Overreaching Registrable interests Residual interests The effect of registration and non-registration C. After 1925: Registered land The system of registration by title Rectification Indemnity The interests The doctrine of notice and registered land The effect of registration Reform Summary Further reading 4. HOW CAN YOU LOSE THEM? Matters which may subsequently defeat an estate or interest A. Compulsory purchase B. The rule against perpetuities Statutory modifications to the rule Non-application of the rule Reform Summary Further reading PART II: THE LEGAL ESTATES: A time in land 5. INTRODUCTION TO LEGAL ESTATES How can you hold them? Holding title How can they exist? Classification: Legal or equitable? Who does what? The roles of the parties Summary 6. THE FEE SIMPLE ABSOLUTE IN POSSESSION The fee simple prior to 1926 The fee simple absolute A conditional fee simple A determinable fee simple A fee tail The life interest The fee simple after 1925 Summary 7. TRUSTS OF LAND What's the problem? Trusts of land in context Who cares? Those who will be affected What are they? The nature and characteristics of trusts of land Who does what? The roles of the trustees and the beneficiaries How can you acquire them? Rules, principles and formalities of acquisition Quantification Statutory rights When and for how long? Duration of interests behind trusts for land The legal estate The equitable interests Consequences of severance Bankrupcy How can you protect them? Ensuring the interests are binding on third parties Reform Summary Further reading 8. TERMS OF YEARS ABSOLUTE What's the problem? Leases in context Who cares? Those who will be affected What are they? Nature and characteristics of leases Types of lease Essential characertistics of a lease How can they exist? Classification: Legal or equitable? Who does what? Roles of the parties The landlord The tenant How can you acquire them? Rules, principles and formalities When and for how long? Duration of leases and their covenants The running of covenants Enforcement The tenant's right to buy How to protect them: Ensuring rights under leases against third parties Reform Summary Further reading 9. COMMONHOLD What's the problem? Commonhold in context Who cares? Those who will be affected What is it? The nature and characteristics of commonhold How can they exist? Classification: legal or equitable How can you acquire them? Rules, principles and formalities When and for how long? Duration of commonholds How can you protect them? Ensuring rights under commonholds against third parties Summary Further reading PART III: INTERESTS IN LAND: The buyer beware 10. INTRODUCTION TO INTERESTS IN LAND Summary 11. MORTGAGES What's the problem? Mortgages in context Who cares? Those who will be affected What are they? Nature and characteristics of a mortgage Looking after the mortgagor - rights of mortgagees Looking after the mortgagee - remedies for the mortgagee Undue influence How can they exist? Classification: legal or equitable? How can you acquire them? Rules, principles and formalities When and for how long? Duration of mortgages How can you protect them? Summary Further reading 12. EASEMENTS What's the problem? Easements in context Who cares? Those who will be affected What are they? Nature and characteristics of easements A dominant and a servient tenement Capable of grant How can they exist? Classification: Legal or equitable How can you acquire them? Rules, principles and formalities When and for how long? Duration of easements How can you protect them? Ensuring rights against third parties Reform Summary Further reading 13. PROFITS A PRENDRE What's the problem? Profits a pendre in context Who cares? Those who will be affected What are they? Nature and characteristics of profits a pendre How can they exist? Classification: legal or equitable How can you acquire them? Rules, principles and formalities When and for how long? Duration of profits a pendre How can you protect them? Ensuring rights against third parties Summary 14. RESTRICTIVE COVENANTS What's the problem? Restrictive covenants in context Who cares? Those who will be affected What are they? Nature and characteristics of restrictive covenants How can they exist? Classification: legal or equitable How can you acquire them? Rules, principles and formalities Running the benefit Running the burden When and for how long? Duration of restrictive covenants How can you protect them? Ensuring rights against third parties Reform Summary Further reading