Land Law
1. Health warning – security of tenure for commercial tenants – contracting out – notice
14 days before the lease is completed. S25 Landlord and S26 Tenant to end/renew
lease, 6-12 months
2. A contract for the sale of land has to be in writing
3. A seller may not remove a fixture upon sale of the land unless the parties have agreed
otherwise (usually in a fittings and contents form)
4. The term 'land' includes trees and plants, which pass with the land on sale from a seller
to a buyer
5. Incorporeal hereditaments are intangibles such as rights, easements, or rents
6. There are two legal estates in England and Wales: a fee simple absolute in possession
(also known as a freehold) and a term of years absolute (also known as a leasehold).
The fundamental distinguishing feature of a freehold is that it is for an indefinite
duration. In contrast, a leasehold is for a limited, specified duration
7. A profit à prendre is an interest in land enabling someone to take something from the
land of another (for example, timber or fish). A profit à prendre in gross is a profit that
can be bought and sold independently, and it is not attached to the ownership of any
piece of land (that is, it is exercised for the personal benefit of the owner and can be
substantively registered at HMLR). A profit à prendre appurtenant is a profit in which
the right is attached to a particular piece of land in the same way as an easement
8. On first registration, His Majesty's Land Registry ('HMLR') is likely to grant possessory
title where the unregistered title deeds to the property have been lost and cannot be
produced. Possessory title is the class of title which may be awarded by HMLR if the
application for title is based on factual possession of the land rather than documentary
evidence
9. Under the Landlord and Tenant (Covenants) Act 1995, in leases made since 1 January
1996, tenants are automatically released from their covenants upon assignment.
However, as a condition of giving consent to an assignment, a landlord can require the
outgoing tenant to enter into a written obligation called an authorised guarantee
agreement, in which the outgoing tenant will act as a guarantor for her immediate
successor in title
10.The essential characteristics of an easement are that (1) there must be both a
dominant and a servient tenement; (2) the easement must confer a benefit on the
dominant tenement (a mere personal right will not suffice); (3) the dominant and the
servient tenement must be in separate ownership; and (4) the right must be of a type
recognised as capable of being an easement
11.An easement by prescription can be established by 20 years' use and must be under
claim of right. Such an easement can override and bind purchasers of the property if
it’s made by deed or a notice appears on the Charges register or Land charge
12.An easement of necessity will be implied in the case of a piece of land that is
landlocked (that is, it has no access to a road except over land retained by the seller).
In such cases, it is necessary to imply a right of way over the seller's retained land so
that the dominant owner can gain access to the dominant tenement
13.Where there is an attempt to create a legal interest but the formalities relating to the
creation of a deed are not met, an equitable interest may still arise – but buyer must
have actual notice of equitable interests
14.A landowner does not own wild animals on his land, but he does have the right to hunt
them
, 15.An estate contract includes contracts to purchase land, options to purchase land, and
the like. Such contracts and options give the buyer an equitable interest in the property
– register as estate contracts
16.To be enforceable against a subsequent buyer of land, equitable rights and interests,
such as a restrictive covenant, must be protected by registration as land charges.
Registration as a land charge constitutes actual notice to all persons of the interest or
right registered, making the interest binding on all subsequent owners of the land – also
must intend to run with the land/concern the land
17. In the unregistered system, a person may gain title to property of another if they
occupy the land without permission, exclusively, unchallenged, and with the intention
to possess for at least 12 years
18. In the registered system, the period of adverse possession is a minimum of 10 years;
after 10 years, the squatter may apply for registration of title. The applicant will have to
show that they have actual physical possession of the land; that possession is exclusive
to the applicant; that they have an intention to possess the land; and that possession of
the land is without the permission of the landowner
19. If land is purchased by more than one person, a trust of land is imposed by statute
automatically for the benefit of all of the buyers. Up to the first four buyers named in
the transfer deed who are over age 18 will hold the legal estate as joint tenants on trust
for all of them. The trust is limited to the first four because the legal estate cannot be
held by more than four trustees
20.Forfeiture is the right of the landlord to re-enter the premises and bring the lease to an
early end due to default by the tenant. The forfeiture remedy will not be implied into a
lease on the landlord's behalf, so the lease must contain an express provision for
forfeiture
21.Generally, a legal lease must be made by deed. However, a short legal lease for three
years or less may be created orally, without any formalities: (1) the tenant takes
possession of the leased premises immediately, and (2) the lease is at market price
rent
22.A person cannot give himself an easement over his own land. The part of the land
forming the farmer's parcel must be sold before an easement can be created. The
solicitor can draw up a deed of easement after the land has been sold and divided. If a
deed is not used, the grant will be ineffective at law but may be enforceable in equity
23.Generally, positive covenants bind only the original covenantor. However, under the
mutual benefit and burden rule, a person cannot enjoy a benefit without accepting a
burden that goes with it. For this rule to apply, the benefit and the burden must be
relevant to each other. Where an obligation is unenforceable against a successor in
title, the successor in title may be denied use of the benefit if it does not also accept
the burden
24.In cases of positive covenants, if the original covenantor obtains an indemnity covenant
from the next buyer, liability under the covenant will continue. So, when the landowner
enforces the covenant against the original buyer, the original buyer can be
compensated by the current owner
25. If co-owners cannot agree how or when to dispose of a property, a trustee or any other
person with an interest in property subject to a trust (which includes co-owners) can
apply to the courts for an order relating to the trustee's duties, including an order to
sell
26.A restriction is used to prevent any dealing with the land otherwise than in accordance
with the terms of the restriction. When property is owned as tenants in common, there
will be a standard form of restriction (a 'Form A' restriction) in the proprietorship
register in the following format: "No disposition by a sole proprietor of the registered
1. Health warning – security of tenure for commercial tenants – contracting out – notice
14 days before the lease is completed. S25 Landlord and S26 Tenant to end/renew
lease, 6-12 months
2. A contract for the sale of land has to be in writing
3. A seller may not remove a fixture upon sale of the land unless the parties have agreed
otherwise (usually in a fittings and contents form)
4. The term 'land' includes trees and plants, which pass with the land on sale from a seller
to a buyer
5. Incorporeal hereditaments are intangibles such as rights, easements, or rents
6. There are two legal estates in England and Wales: a fee simple absolute in possession
(also known as a freehold) and a term of years absolute (also known as a leasehold).
The fundamental distinguishing feature of a freehold is that it is for an indefinite
duration. In contrast, a leasehold is for a limited, specified duration
7. A profit à prendre is an interest in land enabling someone to take something from the
land of another (for example, timber or fish). A profit à prendre in gross is a profit that
can be bought and sold independently, and it is not attached to the ownership of any
piece of land (that is, it is exercised for the personal benefit of the owner and can be
substantively registered at HMLR). A profit à prendre appurtenant is a profit in which
the right is attached to a particular piece of land in the same way as an easement
8. On first registration, His Majesty's Land Registry ('HMLR') is likely to grant possessory
title where the unregistered title deeds to the property have been lost and cannot be
produced. Possessory title is the class of title which may be awarded by HMLR if the
application for title is based on factual possession of the land rather than documentary
evidence
9. Under the Landlord and Tenant (Covenants) Act 1995, in leases made since 1 January
1996, tenants are automatically released from their covenants upon assignment.
However, as a condition of giving consent to an assignment, a landlord can require the
outgoing tenant to enter into a written obligation called an authorised guarantee
agreement, in which the outgoing tenant will act as a guarantor for her immediate
successor in title
10.The essential characteristics of an easement are that (1) there must be both a
dominant and a servient tenement; (2) the easement must confer a benefit on the
dominant tenement (a mere personal right will not suffice); (3) the dominant and the
servient tenement must be in separate ownership; and (4) the right must be of a type
recognised as capable of being an easement
11.An easement by prescription can be established by 20 years' use and must be under
claim of right. Such an easement can override and bind purchasers of the property if
it’s made by deed or a notice appears on the Charges register or Land charge
12.An easement of necessity will be implied in the case of a piece of land that is
landlocked (that is, it has no access to a road except over land retained by the seller).
In such cases, it is necessary to imply a right of way over the seller's retained land so
that the dominant owner can gain access to the dominant tenement
13.Where there is an attempt to create a legal interest but the formalities relating to the
creation of a deed are not met, an equitable interest may still arise – but buyer must
have actual notice of equitable interests
14.A landowner does not own wild animals on his land, but he does have the right to hunt
them
, 15.An estate contract includes contracts to purchase land, options to purchase land, and
the like. Such contracts and options give the buyer an equitable interest in the property
– register as estate contracts
16.To be enforceable against a subsequent buyer of land, equitable rights and interests,
such as a restrictive covenant, must be protected by registration as land charges.
Registration as a land charge constitutes actual notice to all persons of the interest or
right registered, making the interest binding on all subsequent owners of the land – also
must intend to run with the land/concern the land
17. In the unregistered system, a person may gain title to property of another if they
occupy the land without permission, exclusively, unchallenged, and with the intention
to possess for at least 12 years
18. In the registered system, the period of adverse possession is a minimum of 10 years;
after 10 years, the squatter may apply for registration of title. The applicant will have to
show that they have actual physical possession of the land; that possession is exclusive
to the applicant; that they have an intention to possess the land; and that possession of
the land is without the permission of the landowner
19. If land is purchased by more than one person, a trust of land is imposed by statute
automatically for the benefit of all of the buyers. Up to the first four buyers named in
the transfer deed who are over age 18 will hold the legal estate as joint tenants on trust
for all of them. The trust is limited to the first four because the legal estate cannot be
held by more than four trustees
20.Forfeiture is the right of the landlord to re-enter the premises and bring the lease to an
early end due to default by the tenant. The forfeiture remedy will not be implied into a
lease on the landlord's behalf, so the lease must contain an express provision for
forfeiture
21.Generally, a legal lease must be made by deed. However, a short legal lease for three
years or less may be created orally, without any formalities: (1) the tenant takes
possession of the leased premises immediately, and (2) the lease is at market price
rent
22.A person cannot give himself an easement over his own land. The part of the land
forming the farmer's parcel must be sold before an easement can be created. The
solicitor can draw up a deed of easement after the land has been sold and divided. If a
deed is not used, the grant will be ineffective at law but may be enforceable in equity
23.Generally, positive covenants bind only the original covenantor. However, under the
mutual benefit and burden rule, a person cannot enjoy a benefit without accepting a
burden that goes with it. For this rule to apply, the benefit and the burden must be
relevant to each other. Where an obligation is unenforceable against a successor in
title, the successor in title may be denied use of the benefit if it does not also accept
the burden
24.In cases of positive covenants, if the original covenantor obtains an indemnity covenant
from the next buyer, liability under the covenant will continue. So, when the landowner
enforces the covenant against the original buyer, the original buyer can be
compensated by the current owner
25. If co-owners cannot agree how or when to dispose of a property, a trustee or any other
person with an interest in property subject to a trust (which includes co-owners) can
apply to the courts for an order relating to the trustee's duties, including an order to
sell
26.A restriction is used to prevent any dealing with the land otherwise than in accordance
with the terms of the restriction. When property is owned as tenants in common, there
will be a standard form of restriction (a 'Form A' restriction) in the proprietorship
register in the following format: "No disposition by a sole proprietor of the registered
