Textbook on Land Law

by MacKenzie, Judith-Anne; Phillips, Mary

• ISBN13: 9780199289400
• ISBN10: 0199289409
• Edition: 11th
• Format: Paperback
• Copyright: 2006-10-05
• Publisher: Oxford University Press

Summary

The eleventh edition ofTextbook on Land Law continues to guide students through the principles of contemporary land law from a practical perspective.

Author Biography

Judith-Anne MacKenzie is Member of Government Legal Services, Head of Road Vehicles and Devolution Co-ordination Division Mary Phillips is currently teaching land law at Surrey University

Table of Contents

Preface	p. xiii
Table of cases	p. xv
Table of statutes	p. xxvii
Table of statutory instruments	p. xxxv
Introduction	p. 1
Estates and interests in land	p. 3
Introduction	p. 3
Estate in fee simple absolute in possession (`freehold estate')	p. 5
Term of years absolute (`leasehold estate')	p. 7
Interests in land	p. 7
Legal interests	p. 8
Equitable interests	p. 10
Legal interests and equitable interests compared	p. 15
A multiplicity of rights	p. 18
Classification of property	p. 19
Human Rights Act 1998	p. 19
Acquisition of estates in land	p. 23
Buying a house	p. 25
The properties	p. 25
Two systems of title	p. 25
Outline of the conveyancing process	p. 28
The contract	p. 32
Introduction	p. 32
Contracts made on or after 27 September 1989	p. 32
Contracts made before 27 September 1989	p. 41
Part performance after the 1989 Act	p. 44
The next stage: electronic contracts	p. 50
Effect of the contract: passing of the equitable interest	p. 50
Remedies for breach of contract	p. 51
Application to 3 Trant Way	p. 53
Unregistered land	p. 55
Introduction: 3 Trant Way	p. 55
Ownership of the estate	p. 55
Checking for encumbrances	p. 56
Land charges	p. 57
Legal or equitable interests which are not land charges	p. 65
Summary of searches to be made in relation to unregistered land	p. 69
The conveyance	p. 69
Application for first registration	p. 71
Registered land	p. 72
Introduction	p. 72
Need for reform	p. 72
What can be registered?	p. 75
First registration	p. 77
Registering title for the first time	p. 80
Dealings with a registered estate	p. 89
Buying a house with registered title	p. 90
Interests protected by entries on the register	p. 91
Interests that override a registered disposition	p. 95
Interests of persons in actual occupation	p. 99
Discovering encumbrances: searches and enquiries	p. 109
Alteration of the register and indemnity	p. 111
Transfer and completion by registration	p. 114
Electronic conveyancing	p. 117
Purchasers of other interests	p. 120
Acquisition of an estate by adverse possession	p. 122
Introduction	p. 122
Establishing adverse possession	p. 125
Adverse possession of unregistered land	p. 135
Adverse possession of registered land under LRA 1925	p. 137
Need for reform of rules relating to registered land	p. 137
Adverse possession of registered land under LRA 2002	p. 139
Adverse possession and HRA 1998	p. 142
Legal estates	p. 149
The freehold estate	p. 151
Introduction	p. 151
Fee simple	p. 151
Absolute	p. 152
In possession	p. 154
Intervention of public policy	p. 155
The leasehold estate	p. 157
Introduction	p. 157
Basic requirements for a lease	p. 160
Creation of leases	p. 165
Disposition of leases and reversions	p. 173
Determining a lease	p. 175
Determination by discharge of contract	p. 181
Determination by joint tenants	p. 185
`Contractualisation' of leases	p. 186
Effect on subtenant of determination of head lease	p. 187
Some more types of lease	p. 190
Obligations of landlord and tenant	p. 196
Introduction	p. 196
Express covenants	p. 199
Implied and usual covenants	p. 209
Enforcement of covenants	p. 213
Position of original Parties after transfer of lease and/or reversion	p. 215
Position of new landlord and/or tenant after transfer of lease and/or reversion	p. 222
Enforcement of covenants in the Trant Way tenancies	p. 229
Effect on a subtenant of covenants in the head lease	p. 231
Remedies for breach of leasehold covenants	p. 237
General contractual remedies	p. 237
Tenant's remedies against a defaulting landlord	p. 240
Landlord's remedies against a defaulting tenant	p. 241
Commonhold	p. 255
Introduction	p. 255
The commonhold scheme	p. 257
Creating commonhold	p. 261
Managing a commonhold property	p. 263
Nature of a unit holder's interest	p. 264
Ending commonhold	p. 266
Evaluation	p. 268
Trusts and proprietary estoppel	p. 273
Trusts: an introduction	p. 275
Nature and creation of trusts	p. 275
Circumstances in which land may be held on trust	p. 276
A short historical background	p. 277
Law Commission proposals for reform	p. 281
Trusts of Land and Appointment of Trustees Act 1996	p. 282
Co-ownership	p. 283
Background	p. 283
Introduction	p. 284
Two types of co-ownership	p. 284
Imposition of statutory trusts	p. 289
Severance of a joint tenancy	p. 290
Relationship between co-owners	p. 295
Ending co-ownership	p. 298
Some practical advice	p. 298
Trusts of land	p. 300
Introduction	p. 300
Creating a settlement of 20 Trant Way	p. 303
How many trustees are needed and who appoints them?	p. 304
What do trustees do?	p. 306
Are there any controls over the exercise of trustees' powers?	p. 309
Can beneficiaries be involved in the management of the property?	p. 312
Do beneficiaries have a right to occupy the trust property?	p. 314
How are disputes about the trust property resolved?	p. 317
Are purchasers willing to buy trust property?	p. 325
Trusts of land replace new Settled Land Act settlements	p. 332
Comparison of old and new law	p. 333
Settled Land Act settlements	p. 340
Introduction	p. 340
Types of settlement	p. 341
Tenant for life	p. 345
Trustees	p. 346
Creating a settlement	p. 346
Powers of a tenant for life	p. 350
Giving notice and obtaining consent	p. 353
A tenant for life is trustee of his powers	p. 354
Defective dispositions	p. 355
Role of trustees of settlements	p. 357
End of a settlement	p. 361
Perpetuities and accumulations	p. 362
Future interests	p. 362
The basic rules	p. 362
Legislative modifications	p. 363
Breadth of application of rules	p. 364
Accumulations	p. 364
Reforms	p. 365
Resulting and constructive trusts	p. 366
Introduction	p. 366
Resulting trusts	p. 366
Constructive trusts	p. 368
Trusts arising from contribution	p. 371
Establishing the claim to a share in the beneficial interest	p. 374
Quantifying the share	p. 380
Proprietary estoppel	p. 387
Introduction	p. 387
Nature of proprietary estoppel	p. 387
Criteria for proprietary estoppel	p. 390
Satisfying the equity	p. 394
Nature of the equity arising from estoppel	p. 397
Situations in which there is `no room' for proprietary estoppel	p. 399
Relationship between proprietary estoppel and constructive trusts	p. 400
Licences	p. 403
Nature of a licence	p. 405
Introduction	p. 405
Distinguishing a lease from a licence	p. 406
Distinguishing an easement or profit from a licence	p. 420
Enforcement of a licence	p. 422
Introduction	p. 422
Enforcement against the licensor	p. 424
Enforcement against successors of the licensor	p. 427
Are licences becoming interests in land?	p. 435
Trant Way	p. 436
Third-Party rights	p. 439
Mortgages and charges	p. 441
Background	p. 441
Introduction	p. 441
What is a mortgage or charge?	p. 442
Legal mortgages	p. 444
Equitable mortgages	p. 447
Rights of the mortgagor	p. 449
Rights of the mortgagee	p. 455
Mortgagees' remedies	p. 458
Right of certain third Parties to redeem	p. 465
Liability of mortgagees, receivers and valuers for fraud or negligence	p. 466
Terminating a mortgage	p. 471
Priorities	p. 471
Priorities of mortgages of an equitable interest	p. 473
Priorities of mortgages of the legal estate	p. 475
Priorities of three or more mortgages	p. 484
Mortgagee's right to tack further advances	p. 485
Interests prior to the mortgage: a cause for concern to the mortgagee	p. 487
Easements and profits a prendre	p. 502
Introduction	p. 502
What is an easement?	p. 504
What is a profit a prendre?	p. 512
Easements and profits may be legal or equitable	p. 513
Acquisition by express grant or reservation	p. 516
Acquisition by implied grant or reservation	p. 516
Acquisition by express grant by virtue of LPA 1925, s. 62	p. 520
Acquisition by prescription	p. 524
Remedies	p. 538
Extinguishment of easements and profits	p. 540
Law reform	p. 541
Covenants relating to freehold land	p. 545
Introduction	p. 545
Trant Way	p. 545
Enforceability of covenants: original Parties	p. 546
Enforceability of covenants: successors of the original Parties	p. 549
The problem of positive covenants	p. 565
Remedies	p. 569
Discharge of covenants	p. 571
Reform of the law relating to burdens running with the land	p. 572
In conclusion	p. 575
The family home	p. 577
Introduction	p. 577
Right to a share in the value of the house	p. 579
Right to remain in occupation	p. 581
Reform	p. 584
What is land?	p. 587
The statutory definition	p. 587
Earth, minerals, buildings and fixtures	p. 588
Hereditaments	p. 590
Real and personal property (or, realty and personalty)	p. 591
Flying freehold	p. 593
Bibliography	p. 597
Glossary	p. 598
Index	p. 605
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