Unregistered Land Lecture 3
What is ‘Ownership’? Ownership refers to the legal right to possess, use, and control
property. It is the ultimate bundle of rights that one can have over a thing, encompassing
various rights, such as the right to sell, lease, transfer, or dispose of the property. Ownership
gives the holder the right to exercise control over the property.
What is Equity and Why Does it Matter in Land Law? - Equity refers to a body of legal
principles developed to address situations where strict adherence to the law (common law)
would result in unfair outcomes. In the context of land law, equity plays a significant role in
determining the rights of individuals who may have equitable interests in property, even if
they do not have legal title.
Equity provides a more flexible approach to property rights and allows for the recognition of
equitable interests, such as trusts, which may not be reflected in the legal title. In land law,
equity can override legal ownership in certain circumstances, especially when one party
holds property on behalf of another or when a person has equitable rights that arise out of
an agreement or a fiduciary relationship.
The distinction between legal interests and equitable interests is fundamental in land law.
Legal interests are those that are enforceable by the common law, while equitable interests
are those that are enforceable in equity and often arise in situations involving trusts or
equitable estoppel.
Estates - land law, an estate refers to the nature and extent of a person’s rights in land.
There are legal estates (such as freehold or leasehold) and equitable estates (such as a
beneficial interest under a trust). The term “estate” denotes the interest in land that is
capable of being owned or transferred.
Legal Interests and Equitable Interests
Legal Interests: These are rights in land that are enforceable under common law. For
example, a legal leasehold or legal freehold. The holder of a legal interest is the person who
has legal title to the property.
• Equitable Interests: These are rights in land that are recognized in equity. For instance, a
person who holds land in trust for another (a trustee holding legal title, while the
beneficiary holds an equitable interest) has an equitable interest in the land.
Unregistered Land - Unregistered land refers to land where ownership is not formally
recorded in a land registry. The system of land registration was introduced in the UK to
simplify the process of transferring land and ensuring that legal rights in land are publicly
accessible. However, in some cases, land is not registered, and old title deeds are still used
to prove ownership. Unregistered land can complicate the determination of ownership and
interests, as the rights associated with the land may not be easily discoverable.
, Honore’s Incidents of Ownership - A.M. Honore’s Incidents of Ownership are the rights that
typically accompany ownership. These incidents can be regarded as essential elements in
the notion of ownership. In his work “Ownership” (1987), Honore outlined these incidents
as follows:
1. The Right to Possess: The right to physically hold and occupy the property.
2. The Right to Use: The right to use the property for personal enjoyment or economic
purposes.
3. The Right to Manage: The ability to control or manage how the property is used or
maintained.
4. The Right to Exclude Others: The right to exclude others from the property, preventing
trespassing or unauthorized use.
5. The Right to Capital: The right to benefit from any financial gain that the property may
generate (e.g., rent or profits from use).
6. The Right to Security: The right to secure the property from harm or damage.
7. The Right of Transmissibility: The right to transfer ownership or pass it on to others (e.g.,
inheritance or sale).
8. Liability to Execution: The potential for the property to be seized in case of the owner’s
debt or legal liabilities.
9. Absence of a Term: Ownership typically has no end date (unless specified, such as in a
leasehold).
Honore suggests that a system that lacks these incidents does not recognize the liberal
concept of ownership. However, some systems may still recognize ownership, albeit in a
modified form, without these exact incidents being present.
Ownership and Lesser Interests: Residual Character - Ownership, in its purest form, is
considered to have residual character, meaning it encompasses all other interests in the
land. Lesser interests, like leases or licenses, are recognized as having some, but not all, of
the characteristics of full ownership. The full range of rights associated with ownership may
be limited or excluded depending on the interest held. Lesser interests are often temporary
or limited in scope compared to full ownership rights.
Equity’s Origin Story - The King would refer petitions to the Lord Chancellor, who had the
power to grant remedies that were unavailable in the common law courts. The Lord
Chancellor provided discretionary relief in individual cases. Unlike the common law courts,
which provided only monetary compensation, the Chancellor could issue orders to compel
specific remedies, such as delivering property or keeping promises. The Lord Chancellor had
What is ‘Ownership’? Ownership refers to the legal right to possess, use, and control
property. It is the ultimate bundle of rights that one can have over a thing, encompassing
various rights, such as the right to sell, lease, transfer, or dispose of the property. Ownership
gives the holder the right to exercise control over the property.
What is Equity and Why Does it Matter in Land Law? - Equity refers to a body of legal
principles developed to address situations where strict adherence to the law (common law)
would result in unfair outcomes. In the context of land law, equity plays a significant role in
determining the rights of individuals who may have equitable interests in property, even if
they do not have legal title.
Equity provides a more flexible approach to property rights and allows for the recognition of
equitable interests, such as trusts, which may not be reflected in the legal title. In land law,
equity can override legal ownership in certain circumstances, especially when one party
holds property on behalf of another or when a person has equitable rights that arise out of
an agreement or a fiduciary relationship.
The distinction between legal interests and equitable interests is fundamental in land law.
Legal interests are those that are enforceable by the common law, while equitable interests
are those that are enforceable in equity and often arise in situations involving trusts or
equitable estoppel.
Estates - land law, an estate refers to the nature and extent of a person’s rights in land.
There are legal estates (such as freehold or leasehold) and equitable estates (such as a
beneficial interest under a trust). The term “estate” denotes the interest in land that is
capable of being owned or transferred.
Legal Interests and Equitable Interests
Legal Interests: These are rights in land that are enforceable under common law. For
example, a legal leasehold or legal freehold. The holder of a legal interest is the person who
has legal title to the property.
• Equitable Interests: These are rights in land that are recognized in equity. For instance, a
person who holds land in trust for another (a trustee holding legal title, while the
beneficiary holds an equitable interest) has an equitable interest in the land.
Unregistered Land - Unregistered land refers to land where ownership is not formally
recorded in a land registry. The system of land registration was introduced in the UK to
simplify the process of transferring land and ensuring that legal rights in land are publicly
accessible. However, in some cases, land is not registered, and old title deeds are still used
to prove ownership. Unregistered land can complicate the determination of ownership and
interests, as the rights associated with the land may not be easily discoverable.
, Honore’s Incidents of Ownership - A.M. Honore’s Incidents of Ownership are the rights that
typically accompany ownership. These incidents can be regarded as essential elements in
the notion of ownership. In his work “Ownership” (1987), Honore outlined these incidents
as follows:
1. The Right to Possess: The right to physically hold and occupy the property.
2. The Right to Use: The right to use the property for personal enjoyment or economic
purposes.
3. The Right to Manage: The ability to control or manage how the property is used or
maintained.
4. The Right to Exclude Others: The right to exclude others from the property, preventing
trespassing or unauthorized use.
5. The Right to Capital: The right to benefit from any financial gain that the property may
generate (e.g., rent or profits from use).
6. The Right to Security: The right to secure the property from harm or damage.
7. The Right of Transmissibility: The right to transfer ownership or pass it on to others (e.g.,
inheritance or sale).
8. Liability to Execution: The potential for the property to be seized in case of the owner’s
debt or legal liabilities.
9. Absence of a Term: Ownership typically has no end date (unless specified, such as in a
leasehold).
Honore suggests that a system that lacks these incidents does not recognize the liberal
concept of ownership. However, some systems may still recognize ownership, albeit in a
modified form, without these exact incidents being present.
Ownership and Lesser Interests: Residual Character - Ownership, in its purest form, is
considered to have residual character, meaning it encompasses all other interests in the
land. Lesser interests, like leases or licenses, are recognized as having some, but not all, of
the characteristics of full ownership. The full range of rights associated with ownership may
be limited or excluded depending on the interest held. Lesser interests are often temporary
or limited in scope compared to full ownership rights.
Equity’s Origin Story - The King would refer petitions to the Lord Chancellor, who had the
power to grant remedies that were unavailable in the common law courts. The Lord
Chancellor provided discretionary relief in individual cases. Unlike the common law courts,
which provided only monetary compensation, the Chancellor could issue orders to compel
specific remedies, such as delivering property or keeping promises. The Lord Chancellor had
