Textbook on Land Law / Edition 14

Textbook on Land Law / Edition 14

by Judith-Anne MacKenzie, Mary Phillips
     
 

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ISBN-10: 0199699275

ISBN-13: 9780199699278

Pub. Date: 09/29/2012

Publisher: Oxford University Press

Textbook on Land Law provides a modern and practical approach to the subject, focusing on the law as it is now. This best-selling textbook excels in its clarity of expression and illustrates the rules by reference to real-life situations set in a fictitious town, bringing the subject to life, and engaging the reader. It refers to areas of uncertainty or controversy

Overview

Textbook on Land Law provides a modern and practical approach to the subject, focusing on the law as it is now. This best-selling textbook excels in its clarity of expression and illustrates the rules by reference to real-life situations set in a fictitious town, bringing the subject to life, and engaging the reader. It refers to areas of uncertainty or controversy and to proposed reform, and provides suggestions for further reading. Textbook on Land Law has established itself as the ultimate practical land law book and includes sample documents to help students understand the law in context. This eleventh edition incorporates the latest developments and continues to serve the needs of students on a wide range of courses.

Product Details

ISBN-13:
9780199699278
Publisher:
Oxford University Press
Publication date:
09/29/2012
Pages:
648
Product dimensions:
6.60(w) x 9.40(h) x 0.50(d)

Table of Contents

Preface xiii

Table of cases xv

Table of statutes xxvii

Table of statutory instruments xxxv

Part I Introduction 1

1 Estates and interests in land 3

1.1 Introduction 3

1.2 Estate in fee simple absolute in possession ('freehold estate') 5

1.3 Term of years absolute ('leasehold estate') 7

1.4 Interests in land 7

1.5 Legal interests 8

1.6 Equitable interests 10

1.7 Legal interests and equitable interests compared 15

1.8 A multiplicity of rights 18

1.9 Classification of property 19

1.10 Human Rights Act 1998 19

Part II Acquisition of estates in land 23

2 Buying a house 25

2.1 The properties 25

2.2 Two systems of title 25

2.3 Outline of the conveyancing process 28

3 The contract 32

3.1 Introduction 32

3.2 Contracts made on or after 27 September 1989 32

3.3 Contracts made before 27 September 1989 41

3.4 Part performance after the 1989 Act 44

3.5 The next stage: electronic contracts 50

3.6 Effect of the contract: passing of the equitable interest 50

3.7 Remedies for breach of contract 51

3.8 Application to 3 Trant Way 53

4 Unregistered land 55

4.1 Introduction: 3 Trant Way 55

4.2 Ownership of the estate 55

4.3 Checking for encumbrances 56

4.4 Land charges 57

4.5 Legal or equitable interests which are not land charges 65

4.6 Summary of searches to be made in relation to unregistered land 69

4.7 The conveyance 69

4.8 Application for first registration 71

5 Registered land 72

5.1 Introduction 72

5.2 Need for reform 72

5.3 What can be registered? 75

5.4 First registration 77

5.5 Registering title for the first time 80

5.6 Dealings with a registered estate 89

5.7 Buying a house with registered title90

5.8 Interests protected by entries on the register 91

5.9 Interests that override a registered disposition 95

5.10 Interests of persons in actual occupation 99

5.11 Discovering encumbrances: searches and enquiries 109

5.12 Alteration of the register and indemnity 111

5.13 Transfer and completion by registration 114

5.14 Electronic conveyancing 117

5.15 Purchasers of other interests 120

6 Acquisition of an estate by adverse possession 122

6.1 Introduction 122

6.2 Establishing adverse possession 125

6.3 Adverse possession of unregistered land 135

6.4 Adverse possession of registered land under LRA 1925 137

6.5 Need for reform of rules relating to registered land 137

6.6 Adverse possession of registered land under LRA 2002 139

6.7 Adverse possession and HRA 1998 142

Part III Legal estates 149

7 The freehold estate 151

7.1 Introduction 151

7.2 Fee simple 151

7.3 Absolute 152

7.4 In possession 154

7.5 Intervention of public policy 155

8 The leasehold estate 157

8.1 Introduction 157

8.2 Basic requirements for a lease 160

8.3 Creation of leases 165

8.4 Disposition of leases and reversions 173

8.5 Determining a lease 175

8.6 Determination by discharge of contract 181

8.7 Determination by joint tenants 185

8.8 'Contractualisation' of leases 186

8.9 Effect on subtenant of determination of head lease 187

8.10 Some more types of lease 190

9 Obligations of landlord and tenant 196

9.1 Introduction 196

9.2 Express covenants 199

9.3 Implied and usual covenants 209

9.4 Enforcement of covenants 213

9.5 Position of original Parties after transfer of lease and/or reversion 215

9.6 Position of new landlord and/or tenant after transfer of lease and/or reversion 222

9.7 Enforcement of covenants in the Trant Way tenancies 229

9.8 Effect on a subtenant of covenants in the head lease 231

10 Remedies for breach of leasehold covenants 237

10.1 General contractual remedies 237

10.2 Tenant's remedies against a defaulting landlord 240

10.3 Landlord's remedies against a defaulting tenant 241

11 Commonhold 255

11.1 Introduction 255

11.2 The commonhold scheme 257

11.3 Creating commonhold 261

11.4 Managing a commonhold property 263

11.5 Nature of a unit holder's interest 264

11.6 Ending commonhold 266

11.7 Evaluation 268

Part IV Trusts and proprietary estoppel 273

12 Trusts: an introduction 275

12.1 Nature and creation of trusts 275

12.2 Circumstances in which land may be held on trust 276

12.3 A short historical background 277

12.4 Law Commission proposals for reform 281

12.5 Trusts of Land and Appointment of Trustees Act 1996 282

13 Co-ownership 283

13.1 Background 283

13.2 Introduction 284

13.3 Two types of co-ownership 284

13.4 Imposition of statutory trusts 289

13.5 Severance of a joint tenancy 290

13.6 Relationship between co-owners 295

13.7 Ending co-ownership 298

13.8 Some practical advice 298

14 Trusts of land 300

14.1 Introduction 300

14.2 Creating a settlement of 20 Trant Way 303

14.3 How many trustees are needed and who appoints them? 304

14.4 What do trustees do? 306

14.5 Are there any controls over the exercise of trustees' powers? 309

14.6 Can beneficiaries be involved in the management of the property? 312

14.7 Do beneficiaries have a right to occupy the trust property? 314

14.8 How are disputes about the trust property resolved? 317

14.9 Are purchasers willing to buy trust property? 325

14.10 Trusts of land replace new Settled Land Act settlements 332

14.11 Comparison of old and new law 333

15 Settled Land Act settlements 340

15.1 Introduction 340

15.2 Types of settlement 341

15.3 Tenant for life 345

15.4 Trustees 346

15.5 Creating a settlement 346

15.6 Powers of a tenant for life 350

15.7 Giving notice and obtaining consent 353

15.8 A tenant for life is trustee of his powers 354

15.9 Defective dispositions 355

15.10 Role of trustees of settlements 357

15.11 End of a settlement 361

16 Perpetuities and accumulations 362

16.1 Future interests 362

16.2 The basic rules 362

16.3 Legislative modifications 363

16.4 Breadth of application of rules 364

16.5 Accumulations 364

16.6 Reforms 365

17 Resulting and constructive trusts 366

17.1 Introduction 366

17.2 Resulting trusts 366

17.3 Constructive trusts 368

17.4 Trusts arising from contribution 371

17.5 Establishing the claim to a share in the beneficial interest 374

17.6 Quantifying the share 380

18 Proprietary estoppel 387

18.1 Introduction 387

18.2 Nature of proprietary estoppel 387

18.3 Criteria for proprietary estoppel 390

18.4 Satisfying the equity 394

18.5 Nature of the equity arising from estoppel 397

18.6 Situations in which there is 'no room' for proprietary estoppel 399

18.7 Relationship between proprietary estoppel and constructive trusts 400

Part V Licences 403

19 Nature of a licence 405

19.1 Introduction 405

19.2 Distinguishing a lease from a licence 406

19.3 Distinguishing an easement or profit from a licence 420

20 Enforcement of a licence 422

20.1 Introduction 422

20.2 Enforcement against the licensor 424

20.3 Enforcement against successors of the licensor 427

20.4 Are licences becoming interests in land? 435

20.5 Trant Way 436

Part VI Third-Party rights 439

21 Mortgages and charges 441

21.1 Background 441

21.2 Introduction 441

21.3 What is a mortgage or charge? 442

21.4 Legal mortgages 444

21.5 Equitable mortgages 447

21.6 Rights of the mortgagor 449

21.7 Rights of the mortgagee 455

21.8 Mortgagees' remedies 458

21.9 Right of certain third Parties to redeem 465

21.10 Liability of mortgagees, receivers and valuers for fraud or negligence 466

21.11 Terminating a mortgage 471

21.12 Priorities 471

21.13 Priorities of mortgages of an equitable interest 473

21.14 Priorities of mortgages of the legal estate 475

21.15 Priorities of three or more mortgages 484

21.16 Mortgagee's right to tack further advances 485

21.17 Interests prior to the mortgage: a cause for concern to the mortgagee 487

22 Easements and profits a prendre 502

22.1 Introduction 502

22.2 What is an easement? 504

22.3 What is a profit a prendre? 512

22.4 Easements and profits may be legal or equitable 513

22.5 Acquisition by express grant or reservation 516

22.6 Acquisition by implied grant or reservation 516

22.7 Acquisition by express grant by virtue of LPA 1925, s. 62 520

22.8 Acquisition by prescription 524

22.9 Remedies 538

22.10 Extinguishment of easements and profits 540

22.11 Law reform 541

23 Covenants relating to freehold land 545

23.1 Introduction 545

23.2 Trant Way 545

23.3 Enforceability of covenants: original Parties 546

23.4 Enforceability of covenants: successors of the original Parties 549

23.5 The problem of positive covenants 565

23.6 Remedies 569

23.7 Discharge of covenants 571

23.8 Reform of the law relating to burdens running with the land 572

Part VII In conclusion 575

24 The family home 577

24.1 Introduction 577

24.2 Right to a share in the value of the house 579

24.3 Right to remain in occupation 581

24.4 Reform 584

25 What is land? 587

25.1 The statutory definition 587

25.2 Earth, minerals, buildings and fixtures 588

25.3 Hereditaments 590

25.4 Real and personal property (or, realty and personalty) 591

25.5 Flying freehold 593

Bibliography 597

Glossary 598

Index 605

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