Introduction to Land Law

Description

"A comprehensive and concise introduction to land law, demonstrating great strength in clarity of the text without compromising coverage. The online support resources are particularly welcome." Dr Lucy Barnes, University of East Anglia   “One of the few books in this area which lives up to its title. It really does give the student an introduction to the subject.” Dave Powell, formerly University of Teesside   "A clear, concise and accurate introductory text written by a leading authority in land law." Professor Antonia Layard, University of Birmingham   "The text is clear and easy to understand. It explains the issues very well indeed without over-simplifying fundamental points." Professor Janine Griffiths-Baker, St Mary's University College   Roger Smith’s Introduction to Land Law presents a straightforward account of the law and its effects, providing clear explanations of legal concepts students often find difficult to grasp and illuminating the interesting and thought-provoking issues stemming from land law.    The third edition incorporates leading decisions from the Supreme Court which have lately emerged in important areas of land law such as human rights (Manchester CC v Pinnock), leases (Jones v Kernott) and the family home (Mexfield Housing Co-operative Ltd v Berrisford). The chapter on the family home has been substantially revised to reflect recent developments. Cover Contents Preface to third edition Guided tour Acknowledgement Table of cases Table of legislation Part 1 Introduction to land law 1 Introducing land law What is land law? What issues arise in land law? Interests in land Splitting ownership Other interests in land Why have a list of interests in land? Questions to consider Further reading 2 Trusts and equitable interests The trust Other equitable interests; remedies Equitable interests in the modern law Questions to consider Further reading 3 Legislative reform: 1925 to 2002 A strategy for estates Freehold estates Leasehold estates Registration of title A strategy for interests other than estates An interim solution: land charges legislation The modern solution: registration of title Commonhold: a new estate? Conclusions Questions to consider Further reading 4 Land and other property The range of proprietary interests recognised The significance of possession Formalities Registration Land as a home Land and the 1925 legislation Conclusions Questions to consider Further reading 5 Human rights Convention rights Enforcement of Convention rights Human rights in the enforcement of property rights Assessing human rights in land law Questions to consider Further reading Part 2 Acquiring interests and binding purchasers 6 Adverse possession and fixtures Nature and importance Adverse possession Introduction Justifications for adverse possession; human rights arguments Adverse possession under the Land registration Act 2002 When is there adverse possession? The effects of adverse possession Fixtures The significance of fixtures When is there a fixture? Rights to remove fixtures Assessing the law on fixtures Questions to consider Further reading 7 Transfer and creation of interests in land Nature and importance The importance of formalities The reasons for formality rules Justifications Are the justifications convincing? Transfers of land Contracts for the sale of land Transferring the land Creating interests in land Legal interests Equitable interests Electronic conveyancing Electronic Communications Act 2000 Land Registration Act 2002, section 91 Land Registration Act 2002, section 93 Trusts Express declarations of trust Trusts not requiring writing Resulting trusts Constructive trusts Questions to consider Further reading 8 Estoppel Nature and importance When will estoppel arise? The basic test The mistake: assumptions and representations The mistake: promises Detrimental reliance The owner’s responsibility The remedy Estoppel as a proprietary claim The earlier cases Land Registration Act 2002, section 116 Is proprietary status appropriate? Non-proprietary expectations and remedies Conclusions Benefit and burden Questions to consider Further reading 9 Ownership of the family home Nature and importance Express declarations of trust Transfer into joint names Transfer into a single name Background and early developments Gissing v Gissing Inferred and imputed intentions Contributions and inferred common intentions Express common intentions Intentions after purchase: improvements Quantifying the shares Resulting or constructive trust? The role of common intention How is common intention inferred? The impact of Stack and Jones in single name transfers Reform Estoppel and constructive trusts Common intention compared with assumptions and expectations Detrimental reliance Remedies Proprietary status Assessing the comparison Questions to consider Further reading 10 Priorities and registration Nature and importance Legal and equitable priority rules First in time The doctrine of notice Exceptional cases The need for reform Land charges Land registration Introduction The development of registration of title Categories of interest Registered interests Minor interests Overriding interests Priority rules When things go wrong: alteration and indemnity Questions to consider Further reading Part 3 Rights to enjoy land 11 Successive and concurrent ownership Nature and importance Successive interests What interests are recognised? Creation of successive interests Vesting and perpetuity rules The operation of the interests Concurrent interests Joint tenancy or tenancy in common? Severance of joint tenancies The future of the equitable joint tenancy Questions to consider Further reading 12 Trusts of land Nature and importance The need for regulation: successive interests Extension of regulation to concurrent interests A single regulatory regime for successive and concurrent interests When is there a trust of land? Successive interests Concurrent interests Other cases Trustees’ powers and their exercise The extent of trustees’ powers Exercising the powers The role of the court Sale: bankruptcy and successors in title Delegation Occupation Rights to occupy Compensation for occupation: improvements Overreaching Trusts for sale Questions to consider Further reading 13 Leases: types and requirements Nature and importance Requirements of leases Certainty requirements: rent, commencement and duration Exclusive possession Is exclusive possession conclusive? Importance and early history Street v Mountford Shams and lodgers Exceptional cases Joint occupiers The state of the law today Types of lease Periodic tenancies Equitable leases Tenancies at will Tenancy at sufferance Special forms of lease Questions to consider Further reading 14 Leases: obligations and remedies Nature and importance Leases as contracts Implied obligations Quiet enjoyment and related rights Enforcing obligations: landlords’ obligations Damages and specific performance Other remedies Personal injuries Enforcing obligations: tenants’ obligations Damages and specific performance Forfeiture Relief against forfeiture: non-payment of rent Relief against forfeiture: other breaches Relief against forfeiture: subtenants and mortgagees Distress Who is liable on the covenants? Assignment and subletting Enforcement of covenants following assignment Contractual liability of assignors for breaches after assignment The problem The solution: pre-1996 leases The solution: 1995 Act leases Recovery by tenants Contractual liability of landlords Conclusions Questions to consider Further reading Part 4 Other interests in land 15 Licences Nature and importance What are licences? Methods of protection Should we be worried about licences as interests in land? Routes to the enforcement of licences Contractual licences: licensor and licensee Contractual licences: licensee and purchaser Remedies available to licensees Constructive trusts Licences protected by estoppel Questions to consider Further reading 16 Easements Nature and importance What can be an easement or profit? General requirements Additional requirements Creation of easements Implied easements Prescription The extent of the easement Changes in use Use for other land Termination of easements Questions to consider Further reading 17 Covenants Nature and importance Restrictive covenants Requirements Running of the burden Running of the benefit The operation of restrictive covenants Positive covenants Passing the burden Passing the benefit Comparisons Leasehold covenants Covenants and easements Conclusions Questions to consider Further reading 18 Mortgages Nature and importance Types of mortgage Vitiating factors The wrong Putting the lender on inquiry Consequences of being put on inquiry The solicitor’s certificate Assessing Etridge Rules protecting borrowers Redemption Fairness of terms: common law rules Fairness of terms: statutory rules Rights and remedies of the lender Foreclosure Possession Sale Questions to consider Further reading Glossary Index