© strawberrywaffles 2025
Definitions
Proprietary rights Personal rights
- Enforced by an action in rem i.e. - Enforced as a personal action for
use/possession of land can be damages if the right is breached
recovered - Use/occupation of land cannot be
- Holder of the right does not have to recovered
settle for damages if they are - Cannot be enforced against third
deprived of their right party – only against original parties
- Can be enforced against third party - E.g. licence
Freehold estate, leasehold estate,
easement, mortgage, restrictive covenant,
estate contract, beneficial interest in trust.
Estates
Estate = proprietary right to possess the land.
NB no such thing as physical ownership over the land.
Freehold estate Leasehold estate
Fee simple absolute in possession: Term of years absolute: s.1(1)(b) LPA 1925.
s.1(1)(a) LPA 1925.
Equivalent to absolute ownership of land. More commonly known as a lease. If you
own one of these estates, you are a tenant
No need to physically be in possession.
Lasts indefinitely until owner dies without Fixed duration (NB: if question states a
heirs (but usually inherited; if no heirs, fixed term, it’s a lease)
estate reverts to the Crown)
A piece of land can only be subjected to Granted out of the freehold estate – a piece
one freehold estate. of land may be subject to more than one
lease.
NB: commonhold – created out of a freehold registered estate
- Owners are interdependent on each other e.g. retirement home
- NO overall landlord
,© strawberrywaffles 2025
- There is a freehold owner & commonhold association responsible for maintaining the
communal areas of the building
Interests (proprietary rights)
Interest = proprietary rights of limited use to do something / restrict what can be done on
the land. Aka “incumbrance” on an estate.
Legal interests – s.1(2) LPA 1925 Equitable interests – s.1(3) LPA 1925
- Mortgages = right to possess and - Freehold covenants: promise
sell the land when in default relating to land e.g. don’t sell alcohol
o Borrower from the premises
(individual/company) grants - Estate contracts: contractual right
the mortgage to the lender to a legal estate (e.g. contract to buy
(bank) in return for a loan land)
- Easements for a term equivalent to - Interests in a trust of land
a freehold or leasehold (i.e. forever - Easements for an uncertain term
or a certain term)
- Rights of entry – s.1(2)(e)
o Right for landlord to re-enter
leased premises and end the
lease in the event of tenant
default or other specific
event occurring (i.e.
“forfeiture clause”); or
o Rentcharge owner’s right to
hold land if money owed is
not paid (rentcharge = legal
right to receive a periodic
sum paid by landowner)
Transfers
Transfer of registered estate = deed + registration
Transfer of unregistered freehold estate triggers first registration.
,© strawberrywaffles 2025
Transfer of unregistered lease (assignment) must be by deed but does not need to be
registered unless there are >7 years left on term of lease.
1. Exchange of contracts
- From this stage, the buyers become legally committed to buy/sell land
- Land contracts (subject matter is land) must comply with s.2 LP(MP)A 1989:
o Contract in writing
o Contain all expressly agreed terms
o Signed by both parties (electronic is sufficient)
▪ Can sign two identical documents, no need to be the same
o Variations must also meet all 3 requirements
- Land contract must be capable of specific performance
- Land contract passes estate contract to buyer (equitable interest)
o Contract to buy land (sale contract)
o Contract for lease (agreement for lease/contract for lease)
▪ A lease is NOT A CONTRACT.
o Option agreement (one party has a right during the option period to serve
notice that they want to buy the land, but no obligation to do so)
o Right of pre-emption (one party has a right of first refusal if landowner decides
to sell i.e. landowner must first offer it to the party, but landowner has no
obligation to sell at all nor sell to that party)
- Breach of land contract: damages (as of right), specific performance (discretionary),
injunction (discretionary)
2. Deed
- Requirements of a deed: LP(MP)A 1989, s.1
o Must be clear that it is intended to be a deed (i.e. label as deed)
o Must be validly executed by the grantor/seller/transferor
▪ Individual: must be signed by seller in the presence of a witness,
who needs to sign the deed too (known as “attesting” the signature)
▪ Company: two directors sign / one director + one witness sign / one
director and company secretary sign / affix company seal
o Must be delivered (i.e. dating the document)
- Use TR1 form from Land Registry
- After deed, buyer pays purchase money and collects keys
, © strawberrywaffles 2025
- Unregistered land: legal title passes now → must register land for the first time at
the Land Registry within two months, otherwise legal title reverts back to seller
3. Registration – s.27(1) LRA 2002
- Send completed deed to Land Registry
- Compulsory registration under s.27:
o Transfer of freehold estate
o Grant of lease for more than 7 years
o Assignment/transfer of lease of unregistered land with more than 7 years to
run
o Assent, vesting assent or vesting deed which is a disposition of the freehold
or a leasehold with more than 7 years to run (usually transfers on death)
o Grant of lease to take effect in possession more than 3 months after the date
of grant (i.e. future leases)
o First legal mortgagee of a freehold/leasehold with more than 7 years to run
o Express easements
- Failure to register: transaction is not legally recognised – s.27(1)
o Buyer only has an equitable interest if valid contract under s.2 LP(MP)A 1989
+ specifically enforceable
Principles governing the Land Registry
Mirror principle Curtain principle Insurance principle
Register should reflect all Register records legal title. Accuracy of register is
matters re the property. guaranteed by the state
If property is held on trust, (“state indemnity”)
However, limited by purchasers need not be
overriding interests, which concerned about beneficial Errors will be corrected, and
do not need to be ownership (what lies behind anyone who has suffered
registered. the curtain), as this is not on any loss will be
the title → investigating compensated: Sch8 para1,
ownership is quicker and LRA 2002.
easier.
Three registers in the Land Registry
Definitions
Proprietary rights Personal rights
- Enforced by an action in rem i.e. - Enforced as a personal action for
use/possession of land can be damages if the right is breached
recovered - Use/occupation of land cannot be
- Holder of the right does not have to recovered
settle for damages if they are - Cannot be enforced against third
deprived of their right party – only against original parties
- Can be enforced against third party - E.g. licence
Freehold estate, leasehold estate,
easement, mortgage, restrictive covenant,
estate contract, beneficial interest in trust.
Estates
Estate = proprietary right to possess the land.
NB no such thing as physical ownership over the land.
Freehold estate Leasehold estate
Fee simple absolute in possession: Term of years absolute: s.1(1)(b) LPA 1925.
s.1(1)(a) LPA 1925.
Equivalent to absolute ownership of land. More commonly known as a lease. If you
own one of these estates, you are a tenant
No need to physically be in possession.
Lasts indefinitely until owner dies without Fixed duration (NB: if question states a
heirs (but usually inherited; if no heirs, fixed term, it’s a lease)
estate reverts to the Crown)
A piece of land can only be subjected to Granted out of the freehold estate – a piece
one freehold estate. of land may be subject to more than one
lease.
NB: commonhold – created out of a freehold registered estate
- Owners are interdependent on each other e.g. retirement home
- NO overall landlord
,© strawberrywaffles 2025
- There is a freehold owner & commonhold association responsible for maintaining the
communal areas of the building
Interests (proprietary rights)
Interest = proprietary rights of limited use to do something / restrict what can be done on
the land. Aka “incumbrance” on an estate.
Legal interests – s.1(2) LPA 1925 Equitable interests – s.1(3) LPA 1925
- Mortgages = right to possess and - Freehold covenants: promise
sell the land when in default relating to land e.g. don’t sell alcohol
o Borrower from the premises
(individual/company) grants - Estate contracts: contractual right
the mortgage to the lender to a legal estate (e.g. contract to buy
(bank) in return for a loan land)
- Easements for a term equivalent to - Interests in a trust of land
a freehold or leasehold (i.e. forever - Easements for an uncertain term
or a certain term)
- Rights of entry – s.1(2)(e)
o Right for landlord to re-enter
leased premises and end the
lease in the event of tenant
default or other specific
event occurring (i.e.
“forfeiture clause”); or
o Rentcharge owner’s right to
hold land if money owed is
not paid (rentcharge = legal
right to receive a periodic
sum paid by landowner)
Transfers
Transfer of registered estate = deed + registration
Transfer of unregistered freehold estate triggers first registration.
,© strawberrywaffles 2025
Transfer of unregistered lease (assignment) must be by deed but does not need to be
registered unless there are >7 years left on term of lease.
1. Exchange of contracts
- From this stage, the buyers become legally committed to buy/sell land
- Land contracts (subject matter is land) must comply with s.2 LP(MP)A 1989:
o Contract in writing
o Contain all expressly agreed terms
o Signed by both parties (electronic is sufficient)
▪ Can sign two identical documents, no need to be the same
o Variations must also meet all 3 requirements
- Land contract must be capable of specific performance
- Land contract passes estate contract to buyer (equitable interest)
o Contract to buy land (sale contract)
o Contract for lease (agreement for lease/contract for lease)
▪ A lease is NOT A CONTRACT.
o Option agreement (one party has a right during the option period to serve
notice that they want to buy the land, but no obligation to do so)
o Right of pre-emption (one party has a right of first refusal if landowner decides
to sell i.e. landowner must first offer it to the party, but landowner has no
obligation to sell at all nor sell to that party)
- Breach of land contract: damages (as of right), specific performance (discretionary),
injunction (discretionary)
2. Deed
- Requirements of a deed: LP(MP)A 1989, s.1
o Must be clear that it is intended to be a deed (i.e. label as deed)
o Must be validly executed by the grantor/seller/transferor
▪ Individual: must be signed by seller in the presence of a witness,
who needs to sign the deed too (known as “attesting” the signature)
▪ Company: two directors sign / one director + one witness sign / one
director and company secretary sign / affix company seal
o Must be delivered (i.e. dating the document)
- Use TR1 form from Land Registry
- After deed, buyer pays purchase money and collects keys
, © strawberrywaffles 2025
- Unregistered land: legal title passes now → must register land for the first time at
the Land Registry within two months, otherwise legal title reverts back to seller
3. Registration – s.27(1) LRA 2002
- Send completed deed to Land Registry
- Compulsory registration under s.27:
o Transfer of freehold estate
o Grant of lease for more than 7 years
o Assignment/transfer of lease of unregistered land with more than 7 years to
run
o Assent, vesting assent or vesting deed which is a disposition of the freehold
or a leasehold with more than 7 years to run (usually transfers on death)
o Grant of lease to take effect in possession more than 3 months after the date
of grant (i.e. future leases)
o First legal mortgagee of a freehold/leasehold with more than 7 years to run
o Express easements
- Failure to register: transaction is not legally recognised – s.27(1)
o Buyer only has an equitable interest if valid contract under s.2 LP(MP)A 1989
+ specifically enforceable
Principles governing the Land Registry
Mirror principle Curtain principle Insurance principle
Register should reflect all Register records legal title. Accuracy of register is
matters re the property. guaranteed by the state
If property is held on trust, (“state indemnity”)
However, limited by purchasers need not be
overriding interests, which concerned about beneficial Errors will be corrected, and
do not need to be ownership (what lies behind anyone who has suffered
registered. the curtain), as this is not on any loss will be
the title → investigating compensated: Sch8 para1,
ownership is quicker and LRA 2002.
easier.
Three registers in the Land Registry
