Land Law
The Nature of Land
Personal Property can be divided into choses in possession (physical moveable things) and
choses in action (rights)
Corporeal (land, minerals) and Incorporeal (rights, easements) hereditaments pass with the
land on sale.
Landowners have rights to airspace only to a height as necessary for ordinary use and
enjoyment of the land.
Freehold owners are not entitled to all minerals under their land.
Wild animals cannot be owned but can be hunted.
Landowners can only draw water from a source running through their land if they have an
appropriate licence.
Rights to build and develop land are subject to planning control.
Fixtures and Fittings
Fixtures pass automatically on sale of land.
Two tests exist to determine if something is a fitting or a fixture:
1. Degree of Annexation - The greater the degree of attachment to the land, the more
likely the item is to be a fixture.
2. Purpose of Annexation – Was the item brought onto the land with an intent to make
a permanent improvement?
Estates and Interests in Land
The crown owns all land in England and Wales with landowners holding estates derived from
the crown.
Freehold Estates (fee simple absolute in possession/term of years absolute) is an estate with
an uncertain duration.
Leasehold Estates are fixed for a maximum duration.
Legal Interests and Equitable Interests
Legal Interests
Legal interests can only be created by deed. There are 5 categories of legal interest, MERRP:
M – Mortages
,The creation of a first legal mortgage will trigger first registration at the land registry.
E – Easements
Servient tenement and dominant tenement will be established.
R – Rentcharges
Gives the rentcharge owner a right of entry meaning they can take possession of the property on an
event of default.
R – Rights of Entry
P – Profits á prendre
Profits á prendre can be in gross or appurtenant.
Profits á prendre in gross – exist independently of the land and can be bought and sold
independently of the land. It is not attached to ownership of any particular piece of land. It
can be registered at HMLR with its own title.
Profits á prendre appurtenant – the right is attached to a particular piece of land, this cannot
be registered at HMLR with its own title.
Equitable Interests
If an attempt to create a legal interest fails, an equitable interest may arise.
Legal interests bind all third parties, equitable interests bind only third parties who are not
bona fide purchasers for value without notice.
A legal mortgage is created by deed but sometimes a mortgage may be recognised as an
equitable mortgage. Equity will require sufficient evidence in writing as to the terms of the
mortgage.
Land law contracts also observe privity of contract but if a covenant is negative, it may be
possible for the covenant to be enforced against a later owner for the burdened land.
Positive covenants are not generally enforceable against successors in title.
When a person enters into the contract to buy land, the equitable interest arises from the
date of the contract.
Creating Legal and Equitable Interests
, Contracts for the sale of land must meet the general requirements for any contract (offer,
acceptance, consideration, intention to create legal relations, legal capacity) and:
o Be in writing and include all terms to which the parties have agreed
o Be signed by all contracting parties or by someone with written authority
For a deed to be valid it must be in writing, clearly intended to be a deed and executed as a
deed.
Deeds are only valid if signed in the presence of a witness.
Deeds are delivered if a party expresses an intention to be bound by the deed.
Principles of Unregistered Title to Land
The traditional method of proving land ownership is to produce documents with good root
title demonstrating an unbroken chain of ownership for 15 years.
A conveyance on sale documents the transfer of ownership from seller to buyer in exchange
for money. A deed of gift can be used where no money is exchanged.
A mortgage deed evidences that a lender has lent money to the current owner and taken a
charge over the land as security.
An asset is a document transferring the land from the personal representative to the correct
beneficiary.
Root of title is often a conveyance and must:
o Be at least 15 years old
o Deal with the entire legal and equitable interest in the property
o Contain an adequate description of the property
o Do nothing to cast doubt on title
The original title deeds will not be given to the seller, instead an epitome of title will be
given.
Investigating title will occur to check the documentation proves the seller owns the land they
wish to sell. This is done prior to exchanging contracts.
Title to unregistered land will pass on legal completion when the price is paid and the
document of transfer is handed to the buyer.
An application to HMLR for first registration must be made within 2 months of completion.
Third Party Rights
Legal interests will bind buyer irrespective of notice. Equitable interests will only bind buyers
if they are aware of them.
, Most equitable rights and interests must be registered.
o C(i) - Puisne mortgage (mortgage not protected by depositing title with the lender
e.g. second mortgage)
o C(ii) - Limited owners charge
o C(iii) - General equitable charge
o C(iv) - Estate contract
o D(i) - Tax paid on death
o D(ii) - Restrictive covenants
o D(iii) - Equitable easements
o F – Protects non-owning spouses statutory right of occupation
Registration must be made against the correct estate owners name and not the property
address.
Registration constitutes actual notice. If a land charge is not registered, it is void against a
purchaser of the legal estate for money.
Doctrine of Notice = If an interest does not appear on the list of registerable land charges,
whether it binds a buyer will depend on whether the buyer had notice. Buyers will be free of
such equitable interests if they can show they:
o Acted bona fide
o Were a purchaser for value
o Acquired a legal estate or legal interest
o Had no notice of the equitable interest
Notice can be
o Actual
o Constructive – facts that, if a reasonably enquiry was made, would have shown the
interest existed
o Imputed – notice is given to an agent
When unregistered land is first registered, it becomes subject to unregistered interests which
override first registration and become automatically binding upon registration of the land
title:
o Lease granted for 7 years or less
o Legal easement
o Local land charge
o Interest belonging to a person in actual possession
Adverse Possession
The Nature of Land
Personal Property can be divided into choses in possession (physical moveable things) and
choses in action (rights)
Corporeal (land, minerals) and Incorporeal (rights, easements) hereditaments pass with the
land on sale.
Landowners have rights to airspace only to a height as necessary for ordinary use and
enjoyment of the land.
Freehold owners are not entitled to all minerals under their land.
Wild animals cannot be owned but can be hunted.
Landowners can only draw water from a source running through their land if they have an
appropriate licence.
Rights to build and develop land are subject to planning control.
Fixtures and Fittings
Fixtures pass automatically on sale of land.
Two tests exist to determine if something is a fitting or a fixture:
1. Degree of Annexation - The greater the degree of attachment to the land, the more
likely the item is to be a fixture.
2. Purpose of Annexation – Was the item brought onto the land with an intent to make
a permanent improvement?
Estates and Interests in Land
The crown owns all land in England and Wales with landowners holding estates derived from
the crown.
Freehold Estates (fee simple absolute in possession/term of years absolute) is an estate with
an uncertain duration.
Leasehold Estates are fixed for a maximum duration.
Legal Interests and Equitable Interests
Legal Interests
Legal interests can only be created by deed. There are 5 categories of legal interest, MERRP:
M – Mortages
,The creation of a first legal mortgage will trigger first registration at the land registry.
E – Easements
Servient tenement and dominant tenement will be established.
R – Rentcharges
Gives the rentcharge owner a right of entry meaning they can take possession of the property on an
event of default.
R – Rights of Entry
P – Profits á prendre
Profits á prendre can be in gross or appurtenant.
Profits á prendre in gross – exist independently of the land and can be bought and sold
independently of the land. It is not attached to ownership of any particular piece of land. It
can be registered at HMLR with its own title.
Profits á prendre appurtenant – the right is attached to a particular piece of land, this cannot
be registered at HMLR with its own title.
Equitable Interests
If an attempt to create a legal interest fails, an equitable interest may arise.
Legal interests bind all third parties, equitable interests bind only third parties who are not
bona fide purchasers for value without notice.
A legal mortgage is created by deed but sometimes a mortgage may be recognised as an
equitable mortgage. Equity will require sufficient evidence in writing as to the terms of the
mortgage.
Land law contracts also observe privity of contract but if a covenant is negative, it may be
possible for the covenant to be enforced against a later owner for the burdened land.
Positive covenants are not generally enforceable against successors in title.
When a person enters into the contract to buy land, the equitable interest arises from the
date of the contract.
Creating Legal and Equitable Interests
, Contracts for the sale of land must meet the general requirements for any contract (offer,
acceptance, consideration, intention to create legal relations, legal capacity) and:
o Be in writing and include all terms to which the parties have agreed
o Be signed by all contracting parties or by someone with written authority
For a deed to be valid it must be in writing, clearly intended to be a deed and executed as a
deed.
Deeds are only valid if signed in the presence of a witness.
Deeds are delivered if a party expresses an intention to be bound by the deed.
Principles of Unregistered Title to Land
The traditional method of proving land ownership is to produce documents with good root
title demonstrating an unbroken chain of ownership for 15 years.
A conveyance on sale documents the transfer of ownership from seller to buyer in exchange
for money. A deed of gift can be used where no money is exchanged.
A mortgage deed evidences that a lender has lent money to the current owner and taken a
charge over the land as security.
An asset is a document transferring the land from the personal representative to the correct
beneficiary.
Root of title is often a conveyance and must:
o Be at least 15 years old
o Deal with the entire legal and equitable interest in the property
o Contain an adequate description of the property
o Do nothing to cast doubt on title
The original title deeds will not be given to the seller, instead an epitome of title will be
given.
Investigating title will occur to check the documentation proves the seller owns the land they
wish to sell. This is done prior to exchanging contracts.
Title to unregistered land will pass on legal completion when the price is paid and the
document of transfer is handed to the buyer.
An application to HMLR for first registration must be made within 2 months of completion.
Third Party Rights
Legal interests will bind buyer irrespective of notice. Equitable interests will only bind buyers
if they are aware of them.
, Most equitable rights and interests must be registered.
o C(i) - Puisne mortgage (mortgage not protected by depositing title with the lender
e.g. second mortgage)
o C(ii) - Limited owners charge
o C(iii) - General equitable charge
o C(iv) - Estate contract
o D(i) - Tax paid on death
o D(ii) - Restrictive covenants
o D(iii) - Equitable easements
o F – Protects non-owning spouses statutory right of occupation
Registration must be made against the correct estate owners name and not the property
address.
Registration constitutes actual notice. If a land charge is not registered, it is void against a
purchaser of the legal estate for money.
Doctrine of Notice = If an interest does not appear on the list of registerable land charges,
whether it binds a buyer will depend on whether the buyer had notice. Buyers will be free of
such equitable interests if they can show they:
o Acted bona fide
o Were a purchaser for value
o Acquired a legal estate or legal interest
o Had no notice of the equitable interest
Notice can be
o Actual
o Constructive – facts that, if a reasonably enquiry was made, would have shown the
interest existed
o Imputed – notice is given to an agent
When unregistered land is first registered, it becomes subject to unregistered interests which
override first registration and become automatically binding upon registration of the land
title:
o Lease granted for 7 years or less
o Legal easement
o Local land charge
o Interest belonging to a person in actual possession
Adverse Possession
