LAND LAW PQ
SUMMARIES
,Introduction
to land law
, Properties of Land: Terminology:
Land is not Land includes Land includes what is permanently fixed to Estates: • When you own land, land lawyers say you are a title holder
moveable what is above it an estate in it
and below as • Having an estate = owning a period of time in the land
well as on its • The notion of permanently fixed • These are rights in rem
surface includes those things which you could
move with effort but in doing so you Nemo Dat • Someone cannot grant you an estate bigger in land than the
• This in turn would damage them and nobody would rule:
has legal really think to remove this - would be
implications seen as bizarre - fixtures Numerus • The category of rights in land is closed and only exceptional
clausus: • i.e., citizens aren’t free to devise their own types of propert
permissible estates (and interests) is controlled by parliame
Land is... Disponee/ • Land lawyers call a person who acquires an estate in the lan
transferee:
Physically divisible - X could own a Temporally divisible - X could
piece of land and transfer part of it to transfer to Y a slice of time in the
Y. The piece becomes two pieces land. Here, two sets of rights in the Deed: • A document titled ‘deed’, signed by both parties and witnes
of Property (Miscellaneous Provisions) Act 1989, s 1
one piece of land exist alongside each
other.
The mirror • The main objective of registration is transparency: as a disp
principle: see what rights exist over the land you’re obtaining. The reg
Owning land = holding the major stake in a bundle of rights that exists over most of those rights.
that land. It doesn’t necessarily mean holding all the rights in the land.
Whilst I have a right to land, someone else might too e.g. mortgage lender's Types of Estates: LPA 1925 s1(1) states that from 1 st January 1926, there can
rights - doesn’t mean that it is you who holds exclusive rights in the land land:
besides the basic ownership right
Freehold (fee simple absolute in possession): Leasehold (term
• this is perpetual (never-ending) title • Here, there is a fixed
• there is not a fixed date at which your
ownership of the land comes to an end
Rights in Land:
• If you own the freehold to land, then you can grant someone else the leaseh
There are 2 basic types of land right… and sell to someone a smaller (non-perpetual) slice of time in it – you would
different types of title to the land
Ownership Interests that you can assert over an • For that period of time, someone else also has an estate in your land – an es
owner’s land your freehold estate
• Not only do they have a leasehold estate, but – so long as you haven’t prohi
they might carve out of their estate another, shorter leasehold estate (sub-le
• So: multiple estates could exist over the same plot of land.
• There can only be one freehold estate. But there could be numerous leaseh
• Freehold and leasehold are the only two types of estate recognized in mode
, Different types of rights:
Rights in Rem: Rights in Personam:
• The land holder owns an estate in the land, this is a right in rem • A contract to use or be
• A right in rem isn’t merely personal or contractual. Rather, it potentially or present on land gives you a
actually binds anyone seeking to assert a right over the land. right in personam, enabling
• This is a right to the property you to occupy the land-
• These are proprietary rights – rights to the thing (property) rather than holder’s land for a certain
against a person amount of time without
• Binding upon 3rd parties dealing with the land (including people intending to being considered a
purchase it) trespasser. The LRA 2002 ‘Priority Rules’
• This is a right against the
person who holds the • The LRA 200 states that if you have a registrable equitable i
property register it, then it won’t bind a disponee for value.
There are 2 types of rights in rem: • Thus, this is just pure • The question of whether the disponee (C) had notice of A’s
permission
Common law/Legal right in rem: Equitable right in rem: • A legal right in personam
only binds parties to a legally The Special Priority Rule: The Basic Priority Rul
• This right binds everybody dealing • An interest that could have been enforceable agreement Value provided
with the land registered but has not been
• Legal estates (freehold and
leasehold) are legal rights in rem • If you have a • If C doesn’t provide value in a
• Sometimes you’ll want your registrable equitable inherits the property), or if sh
interests in land to be legal rights interest in rem and you consideration in money (LRA
in rem too, so that when the land don’t register it, then it unregistered interest is likely
is sold, you can continue to use it won’t bind a disponee • This is because LRA 2002, s 28
as you did previously
for value. rule’
• So, from 2002 the • The rule is: When A holds an
question of whether disponee who hasn’t provide
I.e. For example…
• Something that has been recorded • A right of first refusal the disponee (C) had value), their competing rights
on the land register notice of A’s interest the order in which they were
• Or an overriding interest becomes irrelevant. right ranked highest.
(interests which are treated as • The special priority • Meaning: where C hasn’t pro
binding on the entire world even rule is written under though it’s unregistered, shou
though they have not been
registered) s.29 LRA 2002
In a PQ, it will be left ambiguous as to whether value was pro
transferred to Y, so you should argue the point both ways:
Who is bound? • If Y provided value, then the special priority rules would ap
• If Y did not provide value then the basic priority rules will ap
Everybody The LRA 2002 ‘Priority Rules’ apply
Just because the disponee (C) doesn’t Just because
provide value, won’t mean that their registered do
interest will always be lost to the individual not bound by
(A):
• There are
• The timing could be such that C’s right require re
SUMMARIES
,Introduction
to land law
, Properties of Land: Terminology:
Land is not Land includes Land includes what is permanently fixed to Estates: • When you own land, land lawyers say you are a title holder
moveable what is above it an estate in it
and below as • Having an estate = owning a period of time in the land
well as on its • The notion of permanently fixed • These are rights in rem
surface includes those things which you could
move with effort but in doing so you Nemo Dat • Someone cannot grant you an estate bigger in land than the
• This in turn would damage them and nobody would rule:
has legal really think to remove this - would be
implications seen as bizarre - fixtures Numerus • The category of rights in land is closed and only exceptional
clausus: • i.e., citizens aren’t free to devise their own types of propert
permissible estates (and interests) is controlled by parliame
Land is... Disponee/ • Land lawyers call a person who acquires an estate in the lan
transferee:
Physically divisible - X could own a Temporally divisible - X could
piece of land and transfer part of it to transfer to Y a slice of time in the
Y. The piece becomes two pieces land. Here, two sets of rights in the Deed: • A document titled ‘deed’, signed by both parties and witnes
of Property (Miscellaneous Provisions) Act 1989, s 1
one piece of land exist alongside each
other.
The mirror • The main objective of registration is transparency: as a disp
principle: see what rights exist over the land you’re obtaining. The reg
Owning land = holding the major stake in a bundle of rights that exists over most of those rights.
that land. It doesn’t necessarily mean holding all the rights in the land.
Whilst I have a right to land, someone else might too e.g. mortgage lender's Types of Estates: LPA 1925 s1(1) states that from 1 st January 1926, there can
rights - doesn’t mean that it is you who holds exclusive rights in the land land:
besides the basic ownership right
Freehold (fee simple absolute in possession): Leasehold (term
• this is perpetual (never-ending) title • Here, there is a fixed
• there is not a fixed date at which your
ownership of the land comes to an end
Rights in Land:
• If you own the freehold to land, then you can grant someone else the leaseh
There are 2 basic types of land right… and sell to someone a smaller (non-perpetual) slice of time in it – you would
different types of title to the land
Ownership Interests that you can assert over an • For that period of time, someone else also has an estate in your land – an es
owner’s land your freehold estate
• Not only do they have a leasehold estate, but – so long as you haven’t prohi
they might carve out of their estate another, shorter leasehold estate (sub-le
• So: multiple estates could exist over the same plot of land.
• There can only be one freehold estate. But there could be numerous leaseh
• Freehold and leasehold are the only two types of estate recognized in mode
, Different types of rights:
Rights in Rem: Rights in Personam:
• The land holder owns an estate in the land, this is a right in rem • A contract to use or be
• A right in rem isn’t merely personal or contractual. Rather, it potentially or present on land gives you a
actually binds anyone seeking to assert a right over the land. right in personam, enabling
• This is a right to the property you to occupy the land-
• These are proprietary rights – rights to the thing (property) rather than holder’s land for a certain
against a person amount of time without
• Binding upon 3rd parties dealing with the land (including people intending to being considered a
purchase it) trespasser. The LRA 2002 ‘Priority Rules’
• This is a right against the
person who holds the • The LRA 200 states that if you have a registrable equitable i
property register it, then it won’t bind a disponee for value.
There are 2 types of rights in rem: • Thus, this is just pure • The question of whether the disponee (C) had notice of A’s
permission
Common law/Legal right in rem: Equitable right in rem: • A legal right in personam
only binds parties to a legally The Special Priority Rule: The Basic Priority Rul
• This right binds everybody dealing • An interest that could have been enforceable agreement Value provided
with the land registered but has not been
• Legal estates (freehold and
leasehold) are legal rights in rem • If you have a • If C doesn’t provide value in a
• Sometimes you’ll want your registrable equitable inherits the property), or if sh
interests in land to be legal rights interest in rem and you consideration in money (LRA
in rem too, so that when the land don’t register it, then it unregistered interest is likely
is sold, you can continue to use it won’t bind a disponee • This is because LRA 2002, s 28
as you did previously
for value. rule’
• So, from 2002 the • The rule is: When A holds an
question of whether disponee who hasn’t provide
I.e. For example…
• Something that has been recorded • A right of first refusal the disponee (C) had value), their competing rights
on the land register notice of A’s interest the order in which they were
• Or an overriding interest becomes irrelevant. right ranked highest.
(interests which are treated as • The special priority • Meaning: where C hasn’t pro
binding on the entire world even rule is written under though it’s unregistered, shou
though they have not been
registered) s.29 LRA 2002
In a PQ, it will be left ambiguous as to whether value was pro
transferred to Y, so you should argue the point both ways:
Who is bound? • If Y provided value, then the special priority rules would ap
• If Y did not provide value then the basic priority rules will ap
Everybody The LRA 2002 ‘Priority Rules’ apply
Just because the disponee (C) doesn’t Just because
provide value, won’t mean that their registered do
interest will always be lost to the individual not bound by
(A):
• There are
• The timing could be such that C’s right require re
