Summary Land Law LLB Revision Guide (ULAW)

Unit – Land Unit - 1 Topic: introduction
Definitions Statute
 Corporeal hereditament – touchable inheritables (house)
 Incorporeal hereditament – untouchable inheritables (path) Law of Property Act 1925
 Fixtures – things attached to the soil  S1(1) – estate types
 Chattels – not part of the land and can be removed  S52(1) - deed
 s205 – definitions
Coal Authority Act 1994
Key Info: Treasure Act 1996
Land Registration Act 2002
 Land goes up to infinity down to the core of the earth
 s27 – buyers name on
o Limited to such heights as is necessary to the enjoyment of the land
register
(Bernstein v Skyviews)
Local Land Charges Act 1975
o Coal authority act 1994 – coal owned by authority
 s10 – compensation for
o Treasure belongs to the crown – Treasure Act 1996
local LCs
 Fixtures v chattels – (Berkeley v Poulett)
Law of Property (Miscellaneous
o Method and degree and annexation – greater degree=fixture
Provisions Act 1989
o Object and purpose of annexation
 s1 – deed requirements
o Fixed to display ≠ fixture (Leigh v Taylor)
 s2 – contract requirements
o Objects can be seen as integral to design – therefor fixture
(D’Eyncourt v Gregory – statue & tapestry)
o only be enjoyed where it is (Elitestone) or can be moved (Caddick v Cases
Whitsand Bay Holiday Park) - caravan
o Freestanding greenhouses chattle (Dibble v Moore)  Bernstein of Leigh (Baron) v
o Fixtures and chattles list (Botham v TSB Bank) Skyviews and General
 Only estates in land capable of being created or conveyed are Limited [1977]
o Freehold 1(1)(a) (fee simple absolute in possession)  Berkeley v Poulett (1976)
o Leasehold 1(1)(b) - S205(1)(xxvii) – leasehold can be term of years/  Leigh v Taylor (1902)
term for less than a year – can be fixed term or periodic  D’Eyncourt v Gregory
 Can be two or more estates in same land -free and lease (1866)
 No heir or named person – goes to the crown  Elitestone Ltd v Morris and
 Local land charges – bound to them, if official search doesn’t disclose another (1997)
one – can get compensation (s10 LLCA 1975)  Caddick v Whitsand Bay
 Unregistered titles – prove they and predecessors have be entitled to Holiday Park Ltd (2015)
possession of the land for at least 15 years with good root of title (also  Dibble v Moore (1969)
legal and equitable interests and do nothing to cast doubt on the title)  Botham v TSB Bank (1997)
o Transfers as soon as conveyancing is completed – unregistered title
triggers first registration
o Check – 1) vendor owns property; 2) free from unknown 3rd party
encumbrances
 Registered titles – land registration act 2002 (from 13/10/03)
o Title number/owners/estate type/ 3rd party interests
o Contract for conveyance
 Commitment to transaction
 Fixing terms – price/date/other terms
 Formalities – writing, agreed terms, signed, witnessed,
delivered as a deed
o Land title transfer – must be done by deed s52(1)
 LP(MP)A s1(2) – make clear it is a deed, validly executed s1(3)
– signed and witnessed, delivered as a deed
o Transfer deed – legal estate remains with seller until buyer’s name
is on the register as new owner s27

, Area - Land Unit - 2 Topic: Third party rights over Land and
Enforceability in unregistered land
Definitions Statute
 Restrictive/positive covenant – can’t do/have to do Family Law Act 1996
 Easement – right over land  S30 – conditions –
spousal interests
Law of Property Act 1925
Key Info:  S1 (1), (2), (3)
 Easements are incorporeal hereditaments – they pass on with
 S3(1) – registered in
the land
name of owner
 Estate Contracts
 S52(1) – need for deed
o Contractually bound; seller retains legal title and physical
 S198 – land registration is
possession; buyer has an EC capable of specific performance;
actual notice
option to purchase another type of EC; can protect with
Law of Property
registration
(Miscellaneous Provisions)
 Mortgage – charge by way of legal mortgage (by deed) only
Act 1989
method for registered land
 S1(2), (3) – deed
 Spousal interests – FLA s30 – must be intended to be matrimonial
requirements
home (30(7)) and be actually married/civil partners (30(8))
 S2(1), (3) – EC
o Not ownership right – merely prevention of eviction
requirements
o Only common law interest in having a home – no legal rights
Land Charges Act 1972
(National Provincial Bank v Ainsworth)
 S4 – non-registering =
o S31 – registered – notice on register of title sch 11 33(4) LRA
land free of rights
– unregistered – class f
 S2(4)(iv) – C(iv) estate
o S33 – court rights to grant entry/exclude partner
contract
 Legal
Land Registration Act 2002
o 1 – (1) free/leasehold; (2) easement/mortgage
 Sch 11 33(4) – notice of
o Must be in a deed – 52(1) LPA/ s1(2), (3) LP(MP)A
FLA
 Equitable
 S33 – court rights
o Capable of being legal but formalities not followed
o All other estates, interests, charges
o Must fit s2 LP(MP)A
 Unregistered 3rd party rights
o Registered on land charges register – against “name of estate
owner intended to be affected” s3(1) LPA1925 Cases
o Land charges (Land Charges Act 1972)
 National Provincial Bank
Unless registered before
completion– cannot be

money/money’s worth




 D(ii) – restrictive covenant
v Ainsworth (1965)
 C(iv) – estate contract s2(4)(iv)
enforced against




 Right of pre-emption not an interest on creation in  Pritchard v Briggs (1980)
unregistered land – only when vendor decides to sell
(Pritchard)
 F – spousal under FLA
 Unless before completion – cannot be enforced
against purchase for valuable consideration
o Registration = actual notice to all involved (s198)
o Failure to register – buyer takes property free of rights – s4
LCA
o Not all rights registerable – legal rights cannot be registered.