Summary LLB Law - Land Law

TOPIC 1- Introduction to Land Law
1.1 What is Land?
 Legal definition- LPA 1925, s.205
o Tangible physical property and Intangible rights (Easements, mortgages, covenants etc. attached to
the land)
1.2 Land Law Estates and Interests
1.2.1 Real vs Personal property (degree and purpose annexation)
 Real property (immovable’s- free/leaseholds)
o Elitestone v Morris- Bungalow on concrete blocks
 AC- not part of the land BUT HofL- Nature/purpose of the bungalow wasn’t to be moved, so
part of the land. Concerned with permanence
 Personal property (moveable’s- chattels and intangibles, Inc. possessions)
o Objects found on the land belong to true owner
 Parker v BA Board- bracelet found by passenger but not given back
 AC- Claimant had a better right to the bracelet
 Test of ‘manifest intention’ to exercise control
1.2.2 Buying land
 What do you own?- Surface, ground beneath, airspace above. People can own different parts
o Baron Bernstein of Leigh v Skyviews and General Ltd- How high?- “height necessary for ordinary use
and enjoyment”
o Bocardo SA v Star Energy UK Onshore Ltd- How Low?- Apparently no limit
 Why do we need a difference between real and personal?- Proprietary rights
o Land rights ARE proprietary- can bind others and are allowed to exercise them
o Can affect others- anyone purchasing the land can be bound/benefit by them
 National Provincial Bank v Ainsworth- what makes a right a property right?
o 1. Definable, 2. Identifiable by 3rd parties, 3. Capable in nature of assumption by 3 rd party, 4. Degree
of permanence/stability. But test is; open ended, and has circular definitions
1.2.3 Proprietary Rights
 Estates in land
o Ownership for a ‘slice’ of time. Type determines this time
 Freehold- duration of life and successors
 Leasehold- for a stated period, ‘carved’ out of the freehold
 Interests in land
o Easements, mortgages, restrictive covenants, options to buy/first refusal
 Legal or equitable right?
o Remedies-
 Legal- common law, monetary damages
 Equitable- specific performance/injunctions
o Proprietary rights
 Capability test (legal or equitable right) and has to actually exist as right
 LPA 1925, s.1- which rights may be legal in a list, others can only be equitable
 But must go through formalities to exist
o Legal rights
 By deed- LPA 1989, s.1 with short lease exception (LPA 1925, s.54)
 Some registered under LRA 2002
 Failure- only equitable interest (ss. 7, 27(1))
o Equitable rights
 MAY be because- Excluded form LPA, s.1, not issued by deed and registration (if required)
didn’t occur
 Use of written document (LPA, s.53) would only be a personal right otherwise

, TOPIC 2- Registered Land

2.1 Land Registration
2.1.1 Overview
 LRA 2002 moves to a registered system
2.1.2 The Registration system
 3 parts- Property, Proprietorship and Charges
 First registration
o Voluntarily or compulsory (s. 4(1) triggering events)
o 4 grades of title- Absolute, Good Leasehold, Possessory, Qualified
o Failure to register- legal effect in s. 7
2.2 Principles of Registered Land
2.2.1 Overview
 The act- Registered dealings with registered estates (ss. 23,27)
o Transfer estate or create a new estate from the existing one
o If purchase complete by registration, bound ONLY by 1. Protected interest entered as a notice on
charges register, 2. those overriding (sch 3), 3. A registered charge
2.2.2 The Tree Principles
 1. Mirror (complete reflection) - can include some un-registerables that would override, 2. Curtain (equity
hidden behind a trust), 3. Insurance- state guarantee of compensation
2.2.3 Methods of Protecting interests
 Registered interests
o Notices (ss. 32-39) give priority over the interest
 Agreed and unilateral both give priority
 Excluded interests under s.33
o Restrictions (ss. 33, 40-47) only inform, don’t promise
 Unregistered overriding interests
o First registration (sch1) broader because title should reflect interests
 Look at sch1 for the list
 2. Persons in actual occupation
 Physical presence (Williams & Glyn’s Bank v Boland)
 Continuity and permanence with the intent to return (Link Lending v Bustard)
 Principles of AO
o 1. Plain English Meaning, 2. Personal Presence not required (Permanence is), 3.
Furniture alone not sufficient (Strand Securities v Caswell compared to LL v
Bustard), 4. Temporary absence allowed (Chokar v Chokar), 5. Occupation not
use (Chaudhary v Yavuz), 6. More than one person can be in AO
o Registered disposition (sch3) narrower because anything capable should’ve been registered already
 Look at sch3 for the list
 2. Persons in AO
 B) should be in a suitable situation (Begum v Issa)
2.3 Overreaching interests
2.3.1 overview
 Overriding interests can be compensated with money
 LPA s. 2(1)
2.3.2 In Practice
 S. 27 LPA but also must meet the 2 conditions
o 1. Capable of being overreached (LPA s. 2) which includes co-ownership rights behind a trust (City of
London Building Society v Flegg)
o 2. Statutory conditions fulfilled (1. 2 trustees exercise valid power under trust, 2. operation of strict
settlement, transaction by; 3. Mortgage or personal representative for deceased owner, 4. Under
court order (e.g. TOLATA s. 14)
 Failure to overreach? Purchaser;
o Bound by interest if it’s overriding
o Free of interest if not protected as overriding