1. Introduction to the Types of Property Rights in Land

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Property Rights ◽  
Land Law ◽  
Real Property ◽  
Restrictive Covenants ◽  
Personal Property ◽  
Wide Range ◽  
Explanatory Text ◽  
Basic Concepts ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter provides an introduction to basic concepts of land law. The discussions cover real property and personal property; property rights which give immediate use and enjoyment of land (fee simple estate and leases); property rights against land owned by other people (mortgages, restrictive covenants, easements, profits prendre, rentcharges, rights of occupation, interest under a resulting or constructive trust, proprietary estoppel, estate contracts, options, and the trust); and proof of title to land (importance of proof of title, methods of proving that a vendor has good title, unregistered title and registered title).

1. Introduction to the Types of Property Rights in Land

2019 ◽  
pp. 3-24
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Property Rights ◽  
Land Law ◽  
Real Property ◽  
Restrictive Covenants ◽  
Personal Property ◽  
Wide Range ◽  
Explanatory Text ◽  
Basic Concepts ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter provides an introduction to basic concepts of land law. The discussions cover real property and personal property; property rights which give immediate use and enjoyment of land (fee simple estate and leases); property rights against land owned by other people (mortgages, restrictive covenants, easements, profits à prendre, rentcharges, rights of occupation, interest under a resulting or constructive trust, proprietary estoppel, estate contracts, options, and the trust); and proof of title to land (importance of proof of title, methods of proving that a vendor has good title, unregistered title and registered title).

21. Escaping from Restrictive Covenants

2019 ◽  
pp. 659-673
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Public Interest ◽  
Restrictive Covenants ◽  
Wide Range ◽  
Explanatory Text ◽  
The Law ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the various options available to developers whose plans are obstructed by restrictive covenants. It covers ignoring restrictive covenants; attempting to buy out the dominant owners; identifying who can enforce a restrictive covenant; obtaining a definitive list of dominant owners; modification or discharge of a covenant under s84(1) of the Law of Property Act 1925; grounds for discharge or modification of restrictive covenants (obsolete, obstructs some reasonable user of the land, practical benefit and public interest); and balancing interests of the parties.

20. Freehold Covenants

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Third Parties ◽  
Restrictive Covenants ◽  
Wide Range ◽  
Explanatory Text ◽  
The Law ◽  
The Difference ◽  
Concept Building ◽  
The Right ◽  
The Impact ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the difference between restrictive and positive covenants; the rules which govern the running of the burden of covenants; the rules regulating who initially has the right to enforce a covenant; the significance of s56 of the Law of Property Act 1925, and the impact of the Contracts (Rights of Third Parties) Act 1999; the rules regarding assignment of restrictive covenants; the concept ‘building scheme’; and whether a positive or restrictive covenant will pass to successors in title.

4. Protection of Legal and Equitable Property Rights in Unregistered Land

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Property Rights ◽  
Wide Range ◽  
Explanatory Text ◽  
The Law ◽  
The Impact ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the protection of legal and equitable rights in those titles that are still subject to the rules governing unregistered land, including the impact of the Law of Property Act 1925 on equitable interests. Regarding land which is unregistered title, the law divided the existing equitable interests into three groups: those registrable as land charges; those which are ‘overreachable’; and those which are neither registrable as land charges nor overreachable, and are therefore still subject to the doctrine of notice. It investigates the elements of the doctrine of notice and includes cases studies on legal and equitable property rights and constructive notice through failure to investigate. Finally, the position of successors in title to a purchaser without notice is considered.

Complete Land Law

2019 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Case Law ◽  
Land Law ◽  
Short Term ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This edition of Complete Land Law combines clear commentary in relation to land law with essential extracts from legislation and cases. A wide range of extracts are included, providing convenient and reliable access to all the materials needed. This edition features discussion of the latest case law in the area of land law, including: the Supreme Court’s decision in Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd on whether sporting and recreational rights can be an easement; the Court of Appeal’s confirmation in Baker v Craggs that an easement cannot be overreached; a discussion of the Homes (Fitness for Habitation) Act 2018, providing greater protection for short-term leases; and a discussion of the lease/licence distinction in relation to guardians from the judgment Camelot Guardian Management v Khoo.

20. Freehold Covenants

2019 ◽  
pp. 613-658
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Third Parties ◽  
Restrictive Covenants ◽  
Wide Range ◽  
Explanatory Text ◽  
The Law ◽  
The Difference ◽  
Concept Building ◽  
The Right ◽  
The Impact ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the difference between restrictive and positive covenants; the rules which govern the running of the burden of covenants; the rules regulating who initially has the right to enforce a covenant; the significance of s56 of the Law of Property Act 1925, and the impact of the Contracts (Rights of Third Parties) Act 1999; the rules regarding assignment of restrictive covenants; the concept ‘building scheme’; and whether a positive or restrictive covenant will pass to successors in title.

3. Creation of Legal and Equitable Rights in Land

2019 ◽  
pp. 39-65
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Property Rights ◽  
Land Grant ◽  
Wide Range ◽  
Explanatory Text ◽  
The Creation ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the changes made by the 1925 legislation. It covers legal estate and interests prior to 1925; s1 Law of Property Act 1925; legal estates and interests existing after 1925; and equitable interests after 1925. The creation of legal and equitable property rights is discussed; also the creation and transfer of legal property rights; the creation of equitable interests in land by express trust; the creation of equitable interests by contract to convey or create a legal estate or interest; treating an informal grant of rights in land as a contract, thus creating an equitable interest in land; grant of an estate or interest by someone with only an equitable interest; and grants of interests which can exist only in equity.

21. Escaping from Restrictive Covenants

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Restrictive Covenants ◽  
Wide Range ◽  
Explanatory Text ◽  
The Law ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the various options available to developers whose plans are obstructed by restrictive covenants. It covers ignoring restrictive covenants; attempting to buy out the dominant owners; modification or discharge of a covenant under s84(1) of the Law of Property Act 1925; and balancing interests of the parties.

3. Creation of Legal and Equitable Rights in Land

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Property Rights ◽  
Land Grant ◽  
Wide Range ◽  
Explanatory Text ◽  
The Creation ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the changes made by and the effect of the 1925 legislation. It covers the types of legal estates and interests prior to 1925; s1 Law of Property Act 1925; legal estates and interests existing after 1925 and equitable interests after 1925. The creation of legal and equitable property rights is discussed. It covers the creation and transfer of legal property rights; the creation of equitable interests in land by express trust; the creation of equitable interests by contract to convey or create a legal estate or interest; treating an informal grant of rights in land as a contract, thus creating an equitable interest in land; grant of an estate or interest by someone with only an equitable interest; and grants of interests which can exist only in equity.

Complete Land Law

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Supreme Court ◽  
Supreme Court Decision ◽  
Case Law ◽  
Court Decision ◽  
Land Law ◽  
Wide Range ◽  
The Supreme Court ◽  
Explanatory Text ◽  
Primary Materials

Complete Land Law: Text, Cases, and Materials Abstract: Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Complete Land Law combines clear commentary in relation to land law with essential extracts from legislation and cases. A wide range of extracts are included, providing convenient and reliable access to all the materials needed. This edition features discussion of the latest case law in the area including: Wood v Waddington on the scope of s62 LPA 1925, Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd on whether sporting and recreational rights can be an easement, the use of clear visible signs to prevent the acquisition of a prescriptive easement in Winterburn v Bennett, and Birdlip v Hunter on building schemes. There is an account of the Supreme Court decision in Edwards v Kumarasamy on the scope of ‘exterior’ in relation to repairing covenants in leases.

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