Land Law
8th Edition
[UK Edition]


By Diane Chappelle
January 2008
Longman / Pearson Education
Distributed By Trans-Atlantic Publications
ISBN: 9781405858250
550 pages, 7 1/2 x 9 3/4"
$82.50 Paper Original


This is an accessible consideration of the main legal principles, estates and interests in land law. The book is clearly structured to encourage application of legal principles throughout with detailed coverage of key topics.

Contents

Acknowledgments

Preface

Table of cases

Table of statutes and statutory material

Table of EC legislation

PART 1: LET'S START AT THE VERY BEGINNING: LAYING THE FOUNDATION

1. THE WHO, HOW, WHY AND WHAT OF LAND LAW- An introduction to this book and to the subject

Why yet another land law book?

A. About this book

Who cares? The many and varied people who can be affected by the ownership of and dealings with interests in land.

What are they? Estates and interests in land

How can they exist? Classification of interests

How can you hold them? The various ways in which the legal estates can be held

Who does what? The respective roles of trustees and beneficial owners and of landlords and tenants

How can you acquire them? The rules, principles and formalities governing the acquisition of interests in land

When and for how long? The points in time at which a holder acquires and loses his interest in land

How can you protect them? Methods of protection afforded to all interests in land after 1925

Human Rights

Reform -Proposals regarding certain aspects of land law

How to apply it all

B. What is Land Law?

C. What types of property are there?

D. What is land?

To the heavens above

To the depths of the earth

Whatever is attached to the ground

Fixtures and fittings

All land belongs to the Crown

E. Licences

What's the problem? Licences in context

Who cares? Those who will be affected

What are they? Nature and characteristics of licences

Summary

Further reading

2. HOW CAN YOU ACQUIRE THEM? The rules, principles and formalities governing the acquisition of interests in land

I. Formal acquisition

What's the problem? Formalities in context

Who cares? Those who will be affected

What is it? The rules, principles and formalities governing the acquisition of interests in land

Deeds

E-conveyancing

Contracts

Equitable interests

II. Informal acquisition

A. Adverse possession

What's the problem? Adverse possession in context

Who cares? Those who will be affected

What is it? The nature and characteristics of adverse possession

Adverse possession of unregistered land

Adverse possession of registered land

Remedies

B. Proprietary estoppel

What's the problem? Proprietary estoppel in context

Who cares? Those who will be affected

What is it? The nature and characteristics of proprietary estoppel

How to satisfy the equity

Quantification

Categories of estoppel

How to protect them: ensuring the interest is binding on third parties

Summary

Further reading

3. HOW CAN YOU PROTECT THEM? Methods of protection afforded to all interests in land

What's the problem? The need to protect interests in context

Who cares? Those who will be affected

A. Before 1926

Legal interests

Equitable interests

The doctrine of notice

B. After 1925: Unregistered land

Overreaching

Registrable interests

Residual interests

The effect of registration and non-registration

C. After 1925: Registered land

The system of registration by title

Rectification

Indemnity

The interests

The doctrine of notice and registered land

The effect of registration

Reform

Summary

Further reading

4. HOW CAN YOU LOSE THEM? Matters which may subsequently defeat an estate or interest

A. Compulsory purchase

B. The rule against perpetuities

Statutory modifications to the rule

Non-application of the rule

Reform

Summary

Further reading

PART II: THE LEGAL ESTATES: A time in land

5. INTRODUCTION TO LEGAL ESTATES

How can you hold them? Holding title

How can they exist? Classification: Legal or equitable?

Who does what? The roles of the parties

Summary

6. THE FEE SIMPLE ABSOLUTE IN POSSESSION

The fee simple prior to 1926

The fee simple absolute

A conditional fee simple

A determinable fee simple

A fee tail

The life interest

The fee simple after 1925

Summary

7. TRUSTS OF LAND

What's the problem? Trusts of land in context

Who cares? Those who will be affected

What are they? The nature and characteristics of trusts of land

Who does what? The roles of the trustees and the beneficiaries

How can you acquire them? Rules, principles and formalities of acquisition

Quantification

Statutory rights

When and for how long? Duration of interests behind trusts for land

The legal estate

The equitable interests

Consequences of severance

Bankrupcy

How can you protect them? Ensuring the interests are binding on third parties

Reform

Summary

Further reading

8. TERMS OF YEARS ABSOLUTE

What's the problem? Leases in context

Who cares? Those who will be affected

What are they? Nature and characteristics of leases

Types of lease

Essential characertistics of a lease

How can they exist? Classification: Legal or equitable?

Who does what? Roles of the parties

The landlord

The tenant

How can you acquire them? Rules, principles and formalities

When and for how long? Duration of leases and their covenants

The running of covenants

Enforcement

The tenant's right to buy

How to protect them: Ensuring rights under leases against third parties

Reform

Summary

Further reading

9. COMMONHOLD

What's the problem? Commonhold in context

Who cares? Those who will be affected

What is it? The nature and characteristics of commonhold

How can they exist? Classification: legal or equitable

How can you acquire them? Rules, principles and formalities

When and for how long? Duration of commonholds

How can you protect them? Ensuring rights under commonholds against third parties

Summary

Further reading

PART III: INTERESTS IN LAND: The buyer beware

10. INTRODUCTION TO INTERESTS IN LAND

Summary

11. MORTGAGES

What's the problem? Mortgages in context

Who cares? Those who will be affected

What are they? Nature and characteristics of a mortgage

Looking after the mortgagor - rights of mortgagees

Looking after the mortgagee - remedies for the mortgagee

Undue influence

How can they exist? Classification: legal or equitable?

How can you acquire them? Rules, principles and formalities

When and for how long? Duration of mortgages

How can you protect them?

Summary

Further reading

12. EASEMENTS

What's the problem? Easements in context

Who cares? Those who will be affected

What are they? Nature and characteristics of easements

A dominant and a servient tenement

Capable of grant

How can they exist? Classification: Legal or equitable

How can you acquire them? Rules, principles and formalities

When and for how long? Duration of easements

How can you protect them? Ensuring rights against third parties

Reform

Summary

Further reading

13. PROFITS A PRENDRE

What's the problem? Profits a pendre in context

Who cares? Those who will be affected

What are they? Nature and characteristics of profits a pendre

How can they exist? Classification: legal or equitable

How can you acquire them? Rules, principles and formalities

When and for how long? Duration of profits a pendre

How can you protect them? Ensuring rights against third parties

Summary

14. RESTRICTIVE COVENANTS

What's the problem? Restrictive covenants in context

Who cares? Those who will be affected

What are they? Nature and characteristics of restrictive covenants

How can they exist? Classification: legal or equitable

How can you acquire them? Rules, principles and formalities

Running the benefit

Running the burden

When and for how long? Duration of restrictive covenants

How can you protect them? Ensuring rights against third parties

Reform

Summary

Further reading

 

Features

• Principle cases are clearly separated from the main body of the text

• Diagrams help to explain the often complex relationships found in land law

• Unparalleled student support with further reading suggestions, chapter

summaries, flowcharts and highlighted summaries of the main cases