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.

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.

22. The Creation of Mortgages

2019 ◽  
pp. 677-690
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Wide Range ◽  
Explanatory Text ◽  
The Creation ◽  
Definition Of ◽  
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 mortgage creation. It covers the definition of a mortgage; form of a legal mortgage of a fee simple before 1926; equitable right to redeem; equity of redemption; mortgagor retaining possession; legal mortgages after 1925 where land is unregistered; legal mortgages of registered land; charge by way of legal mortgage; types of mortgages; mortgages of leases; equitable mortgage by deposit of deeds (unregistered land); equitable mortgage of registered title (deposit of land certificate); and legal and equitable mortgages after 1989.

18. Creation of Express and Implied Grant of Easements

2019 ◽  
pp. 558-580
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Wide Range ◽  
Explanatory Text ◽  
The Creation ◽  
The Law ◽  
Compulsory Purchase ◽  
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 rules on the creation of an easement. Topics covered include express grant of easements (and profits); express reservation of easements (and profits); implied grant of easements (and profits), which includes ways of necessity, intended easements, the rule in Wheeldon v Burrows and s62 of the Law of Property Act 1925; implied reservation of easements covering necessity and intended easements; exclusion of the rules providing for implied grant and reservation; compulsory purchase and the rules for implied grant; and simultaneous sales or bequests.

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.

11. Leases—The Basic Requirements

2019 ◽  
pp. 341-377
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Basic Principles ◽  
Wide Range ◽  
Explanatory Text ◽  
The Creation ◽  
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 basic principles of the law of leases. It covers the essential requirements for a lease; duration of leases and certainty of term; some concepts related to the law of leases; the distinction between leases and licences; how exclusive possession is defined; shared and multiple occupation cases; ‘sham’ tenancies and pretence clauses designed to negate exclusive possession; and formalities for the creation of leases.

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).

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

2019 ◽  
pp. 69-98
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.

22. The Creation of Mortgages

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Wide Range ◽  
Explanatory Text ◽  
The Creation ◽  
Definition Of ◽  
Primary Materials ◽  
Land Types

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 mortgage creation. It covers the definition of a mortgage; form of a legal mortgage of a fee simple before 1926; legal mortgages after 1925; legal mortgages of registered land; types of mortgages; mortgages of leases; and equitable mortgages of legal estates.

18. Creation of Express and Implied Grant of Easements

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Wide Range ◽  
Explanatory Text ◽  
The Creation ◽  
Compulsory Purchase ◽  
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 rules on the creation of an easement. Topics covered include express grant of easements (and profits); express reservation of easements (and profits); implied grant of easements (and profits); implied reservation of easements; exclusion of the rules providing for implied grant and reservation; compulsory purchase and the rules for implied grant; and simultaneous sales or bequests.

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