Joint Ownership of Land

The chapter examines the law that manages joint ownership using the structure known as the ‘trust of land’. It begins by introducing the different circumstances in which joint ownership can arise (family, business, or succession), and the distinction between joint tenancy and tenancy in common, and how to tell them apart. It then looks at the ways in which a joint tenancy can be severed. The chapter explains the provisions of the Trusts of Land and Appointment of Trustees Act 1996 (TLATA) which governs the operation of the trust of land. Dispute resolution and bankruptcy are considered. The chapter concludes with a look at the conflict of static versus dynamic security in land law, and discusses the use of restrictions to protect unregistered ownership interests in land.

Creating and Acquiring Interests in Land: Words and Intentions

This chapter discusses the ways in which interests in land can be created and transferred, in terms of the practical, physical requirements. It considers the rules about the formalities for contract and transfer, by way of writing and the use of deeds, and the law’s gradual adaptation to methods of transfer that do not involve paper and ink. The development of electronic land transactions is introduced. The chapter then discusses informal transactions and the exceptions to the formality rules. It provides an introduction to resulting and constructive trusts and proprietary estoppel, and concludes with a discussion of the difficulties associated with family property.

Land Law and Registration Today

This chapter explains how the reforms of 1925 addressed the problem of complexity by redefining legal and equitable estates and interests in land. It then discusses the management of enforceability under the 1925 legislation, particularly by the central role of the trust. The chapter explains how the law has managed the problem of hidden, undocumented ownership rights, and explores the concept of indefeasibility in registered land. Finally the chapter considers the Law Commission’s project commenced in 2014, which was designed to iron out problems that had appeared in the operation of the 2002 Act in the decade since it came into force. It discusses the report published at the conclusion of the project in 2018 and the recommendations therein.

Appurtenant Rights

This chapter provides an exposition of the law relating to easements, profits à prendre, and restrictive covenants. It describes the nature of an easement and how easements are created, including implication and prescription. The chapter then explores the ways in which easements can be brought to an end. It discusses the creation and characteristics of positive and restrictive covenants and the complex rules relating to their enforceability. It explores how covenants can be brought to an end, and the possibility of discharge or modification provided by section 84 of the Law of Property Act 1925. Finally, the chapter looks at the Law Commission’s proposals for the reform of these areas of the law.

Mortgages

This chapter explains what the function of a mortgage as a security interest, and details the different forms of mortgages that now exist. It discusses the rights, remedies, and protections available to the mortgagor and mortgagee, and the process by which the courts have intervened in the contractual relationship largely for the protection of the borrower. Protections available for the homeowner, and for third parties whose rights are affected by a mortgage, are discussed. Finally, the problems of pressure and the law of undue influence are introduced.

What is Land Law?

This chapter begins with some fundamental questions: what is property? what is real property? what is land? and what are property rights? The chapter looks at the definition of land as provided in section 205(1)(ix) of the Law of Property Act 192. It explores the impact of the European Convention on Human Rights, brought into our domestic law by the Human Rights Act 1998. The tensions and themes of land law are introduced, in particular the tension between static and dynamic security and the notion that land law is a struggle between competing categories of rights and competing values.

Leases, Licences, and Commonholds

This chapter explains the nature of a lease and the distinction between leases and licences. It discusses the introduction of the commonhold as a means to improve the ownership structure for interdependent properties and control the power imbalance between landlord and tenant. The chapter describes the different types of leases, discusses the need for certainty of term, and explains how leases are created and registered. It then examines leasehold covenants, remedies for breach, and the transmission of liability. The chapter explains how leases can be brought to an end, and the statutory protection regimes for tenants, including security of tenure and leasehold enfranchisement.

Property Rights in Land

This chapter introduces the origins of land law in the feudal system and the concepts of tenure and estate. It considers freehold, leasehold, and commonhold ownership and explains the beginnings of law and equity and the distinction between law and equity. The chapter also introduces the trust and its development as a way of organizing entitlement to land. Non-ownership rights are explained, and the pre-1925 rules of enforceability of legal and equitable property rights are described in preparation for the next chapter.

Whatever Happened to Relativity of Title?

This chapter is about relativity of title and the law relating to adverse possession (also known as squatters’ rights), which used to be fundamental to land law but is now far less important following the enactment of the Land Registration Act 2002, where title is registered. The requirements for adverse possession are explained. The chapter examines the case law relating to the human rights implications of squatters’ title. The effect of adverse possession in registered land is explained. Finally, the chapter discusses the reasons why adverse possession continues to be a live concept and evaluates the impact and concerns of the 2002 Act.