Land Law

By (author) Louise Glover, Kate Campbell-Pilling

Publication date:

14 June 2021

Publisher

H&S

Dimensions:

246x189mm
7x10"

ISBN-13: 9781916243170

BOOK DESCRIPTION
TABLE OF CONTENTS

Land law is of great importance in the commercial and financial sphere, as well as in the domestic life of the nation. But the issues involved and their practical resolution are complex.
Land Law gives the reader a sound knowledge of the current law relating to land. It is suitable for students on GDL and LLB courses and is targeted at those new to studying law and coming to grips with the subject under time pressure. The book aims to provide clarity and focus to guide students through the rules without glossing over the technicalities found in this fascinating area of the law. It provides frameworks to apply to land law problems and considers ‘real world’ issues in contemporary land law.
Features in the book include key case summaries; discussion of the law in practice and reform proposals; examples, diagrams and flowcharts to help understanding; further reading sections; and test your knowledge questions.

1 Introduction to Land Law
1.1 Introduction
1.2 What is ‘land’?
1.3 What rights can exist in land?
1.4 Law and equity
1.5 Trusts of land
1.6 Proprietary rights vs personal rights
1.7 How are rights created or transferred?
1.8 In what circumstances will rights be binding on a purchaser of land?
1.9 Complementary and competing interests in land
1.10 Human rights
1.11 Further reading
2 Acquisition
2.1 Possession as the basis for acquisition
2.2 Adverse possession
2.3 Formalities
2.4 Stages in a typical transaction
2.5 Trust
2.6 Why are formalities important?
2.7 Informal means of obtaining an estate or interest in land
2.8 Further reading
3 Unregistered Land
3.1 Modernisation of land law
3.2 Reduction in the number of legal estates and interests
3.3 Overreaching
3.4 Registered and unregistered land
3.5 Unregistered land
3.6 Further reading
4 Registration of Title
4.1 Introduction
4.2 Registration of title
4.3 The principal objectives of a system of registered land
4.4 The overall scheme of registered land in England and Wales
4.5 Mirror principle
4.6 Curtain principle
4.7 Insurance or indemnity principle
4.8 Electronic conveyancing – the future?
4.9 Further reading
5 Registered Land Priority Rules
5.1 Introduction
5.2 Basic rule
5.3 Special priority rule
5.4 Interplay between ss 28 and 29 of the LRA 2002
5.5 Protection of earlier interests
5.6 Overriding interests
5.7 Comparison between registered and unregistered land priority rules
5.8 Further reading
6 Co-ownership and Trusts of Land
6.1 What is co-ownership?
6.2 Joint tenancy
6.3 Tenancy in common at equity
6.4 What was the problem with co-ownership and how did the Law of Property Act 1925 help?
6.5 Joint tenancy or tenancy in common of the equitable title?
6.6 Severing a joint tenancy in equity
6.7 Some history: the trust for sale and the doctrine of conversion
6.8 Trusts of Land and Appointment of Trustees Act 1996
6.9 Further reading
7 Use of Leases, Lease Characteristics, Formalities, Licences and Forms of Lease
7.1 What is a lease?
7.2 Essential characteristics of a lease
7.3 Formalities
7.4 Why do we need to distinguish between a lease and a licence?
7.5 Types of lease
7.6 Further reading
8 Privity of Contract and Privity of Estate, Enforceability of Covenants and the Landlord and Tenant (Covenants) Act 1995
8.1 Privity of contract and privity of estate
8.2 Enforceability of covenants
8.3 Some comfort for landlords
8.4 Subleases
8.5 Further reading
9 Lease Clauses, Breaches and Ending a Lease
9.1 Lease structure and clauses
9.2 Remedies for breach of covenant
9.3 The end of the lease
9.4 Further reading
10 Mortgages: Concept, Creation and Protection
10.1 Introduction
10.2 What is a mortgage?
10.3 Terminology
10.4 ‘Once a mortgage always a mortgage’
10.5 How to create and protect a legal mortgage
10.6 Formalities and registration requirements for a legal charge
10.7 Relationship between a mortgagee and third parties with rights in the mortgaged land
10.8 When might a lender want or end up with an equitable charge?
10.9 Further reading
11 Mortgages: Lender Enforcement Rights and Borrower Protection
11.1 Introduction to mortgagee enforcement rights
11.2 Right to payment
11.3 Taking possession
11.4 Sale
11.5 Appointing a receiver
11.6 Foreclosure
11.7 Application of proceeds of sale
11.8 Powers of an equitable mortgagee
11.9 Further reading
12 Setting Aside a Mortgage for Undue Influence or Misrepresentation
12.1 Introduction
12.2 Misrepresentation
12.3 Undue influence
12.4 Does a mortgagee have other remedies?
12.5 Further reading
13 Easements
13.1 What does an easement do?
13.2 Profits a prendre
13.3 Four essential characteristics of an easement
13.4 Creation of easements
13.5 Scope of easements
13.6 Abandonment of an easement
13.7 Commercial issues
13.8 Restrictive covenants
13.9 Further reading
14 Covenants
14.1 What is a covenant?
14.2 Burden of covenants at law
14.3 Burden of covenants in equity
14.4 Tests to determine if a restrictive covenant runs with the land
14.5 Benefit of covenants
14.6 Exceptions to the non-transmissibility of the benefit of a covenant
14.7 Limits of covenants or has there been a breach?
14.8 Protection
14.9 Remedies
14.10 Discharge and modification of restrictive covenants
14.11 Reflection
14.12 Private law and public law
14.13 Reform
14.14 Alternatives to covenants
14.15 Further reading