5. Legal Estates and Legal Interests

Land Law ◽  
2018 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
General Question ◽  
Crucial Importance ◽  
Land Law ◽  
Numerus Clausus ◽  
The Law ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.This chapter investigates legal property rights in land. The numerus clausus (or ‘closed list’) principle is of crucial importance when addressing the content question of legal property rights in land. The Law of Property Act 1925 (LPA 1925) creates a distinction between legal estates and legal interests. As a result of s 1 of LPA 1925, there are now only two permissible legal estates in land. The chapter then explores the content of a freehold and of a lease, and covers the vital question of why the LPA 1925 imposed this limit on the types of permissible legal estate in land. The facts of Hill v Tupper and Keppell v Bailey offer particular examples of a more general question that land law has to tackle when deciding on the content of legal interests in land.

5. Legal Estates and Legal Interests

2021 ◽  
pp. 150-171
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
General Question ◽  
Crucial Importance ◽  
Land Law ◽  
Numerus Clausus ◽  
The Law ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter investigates legal property rights in land and their content. The numerus clausus (or ‘closed list’) principle is of crucial importance when addressing the content question in relation to legal property rights in land. The Law of Property Act 1925 (LPA 1925) divides such rights into legal estates and legal interests. As a result of s 1 of LPA 1925, there are now only two permissible legal estates in land. The chapter then explores the content of a freehold and of a lease, and covers the vital question of why the LPA 1925 imposed this limit on the types of permissible legal estate in land. The facts of Hill v Tupper and Keppell v Bailey offer particular examples of a more general question that land law has to tackle when deciding on the content of legal interests in land.

5. Legal estates and legal interests

2015 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
General Question ◽  
Crucial Importance ◽  
Land Law ◽  
Numerus Clausus ◽  
The Law ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter investigates legal property rights in land. The numerus clausus (or ‘closed list’) principle is of crucial importance when addressing the content question of legal property rights in land. The Law of Property Act 1925 (LPA 1925) creates a distinction between legal estates and legal interests. As a result of s 1 of LPA 1925, there are now only two permissible legal estates in land. The chapter then explores the content of a freehold and of a lease, and covers the vital question of why the LPA 1925 imposed this limit on the types of permissible legal estate in land. The facts of Hill v Tupper and Keppell v Bailey offer particular examples of a more general question that land law has to tackle when deciding on the content of legal interests in land.

1. What’s Special About Land?

2021 ◽  
pp. 3-24
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Land Law ◽  
Private Property Rights ◽  
Legal Rules ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter illustrates the significance of land and, hence, of land law. It concentrates on the features that make land special and the distinctive legal rules produced by those features. The chapter explains that the focus of land law is on private property rights to use land. It then demonstrates some important themes of land law by examining an important land law case involving a dispute between an occupier of land and a bank. It is noted that the special features of land sharpen the court’s dilemma when deciding between competing claims to the use of land. It also considers the differing judicial philosophies that may influence a court’s approach to resolving this dilemma.

1. What’s Special About Land?

Land Law ◽  
2018 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Land Law ◽  
Legal Rules ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.This chapter illustrates the significance of land, and hence of land law. It concentrates on the features that make land special and the distinctive legal rules produced by those features. The chapter explains that the focus of land law is on private property rights to use land. It then demonstrates some important themes of land law by examining an important land law case involving a dispute between an occupier of land and a bank. It is noted that the special features of land sharpen the court’s dilemma when deciding between competing claims to the use of land. It also considers the differing judicial philosophies that may influence a court’s approach to resolving this dilemma.

1. What is Land Law?

Land Law ◽  
2017 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Case Law ◽  
Land Law ◽  
Building Society ◽  
Land Registration ◽  
Personal Rights ◽  
Content Acquisition ◽  
Private Rights ◽  
The Law ◽  
City Of London

This chapter introduces the reader to land law and explains why land law is studied at all. It also tackles three fundamental questions that are used to understand and structure the often complex rules encountered in land law: the content, acquisition, and defences questions. Three specific case law examples are discussed: National Provincial Bank v Ainsworth (1965), Williams & Glyn's Bank v Boland (1981), and City of London Building Society v Flegg (1988). Other topics covered in this chapter include: the importance of the statutory framework established by the Law of Property Act 1925 and the Land Registration Act 2002; the focus of land law on private rights to use land; the key distinction between personal rights and property rights; the importance of equitable rules and of statute in shaping land law; and the key role played by land registration in modern land law.

2. Introduction to Trusts

2019 ◽  
pp. 23-62
Author(s):  
Paul S Davies ◽  
Graham Virgo
Keyword(s):  
Property Rights ◽  
Trust Property ◽  
The Creation ◽  
The Law ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter presents an introduction to the legal mechanisms of a trust, which involves a trustee or trustees holding property rights on behalf of another or for an identified purpose. A trustee is obliged in Equity to exercise those rights for that person or purpose. The law of trusts is primarily concerned with the different rights that various people might have following the creation of a trust. There is particular controversy about the nature of the beneficiary’s rights to trust property. There are a variety of reasons why someone would wish to create a trust, with the consequent separation of legal and equitable title, and a number of categories of trust exist, the operation of which is influenced by the context in which the trust arises.

1. Introduction to Equity

2019 ◽  
pp. 3-22
Author(s):  
Paul S Davies ◽  
Graham Virgo
Keyword(s):  
Property Rights ◽  
Common Law ◽  
Corporate Law ◽  
The Body ◽  
Judicial Discretion ◽  
Fair Result ◽  
Personal Rights ◽  
The Common ◽  
The Law ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the concept of Equity and defines it as the body of law that has been made and developed by judges in the Chancery courts to modify the rigid application of the common law. It is grounded on rules, principles, and doctrines that are strictly interpreted, but their application and the remedies awarded can be tempered by the exercise of judicial discretion to ensure a just and fair result. It plays an important role in many contemporary aspects of the law, including commercial and corporate law. A distinction between property rights and personal rights lie at the heart of Equity, and there exists no substantive fusion between Common Law and Equity as bodies of rules — even if their administration has been conjoined into a single procedural system. The chapter also discusses a variety of equitable maxims that are useful generalizations of complex law.

1. What’s special about land?

2015 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Land Law ◽  
Legal Rules ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter illustrates the significance of land, and hence of land law. It concentrates on the features that make land special and the distinctive legal rules produced by those features. The chapter explains that the focus of land law is on private property rights to use land. It then demonstrates some important themes of land law by examining an important land law case involving a dispute between an occupier of land and a bank. It is noted that the special features of land sharpen the court's dilemma when deciding between competing claims to the use of land. It also considers the differing judicial philosophies that may influence a court's approach to resolving this dilemma.

1. What is Land Law?

Land Law ◽  
2020 ◽  
pp. 1-26
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Case Law ◽  
Land Law ◽  
Building Society ◽  
Land Registration ◽  
Personal Rights ◽  
Content Acquisition ◽  
Private Rights ◽  
The Law ◽  
City Of London

This chapter introduces the reader to land law and explains why land law is studied at all. It also tackles three fundamental questions that are used to understand and structure the often complex rules encountered in land law: the content, acquisition, and defences questions. Three specific case law examples are discussed: National Provincial Bank v Ainsworth (1965), Williams & Glyn's Bank v Boland (1981), and City of London Building Society v Flegg (1988). Other topics covered in this chapter include: the importance of the statutory framework established by the Law of Property Act 1925 and the Land Registration Act 2002; the focus of land law on private rights to use land; the key distinction between personal rights and property rights; the importance of equitable rules and of statute in shaping land law; and the key role played by land registration in modern land law.

2. Personal and Property Rights in Land

2020 ◽  
pp. 25-56
Author(s):  
Emma Lees
Keyword(s):  
Property Rights ◽  
Third Parties ◽  
Third Party ◽  
Land Law ◽  
Legal Concept ◽  
Numerus Clausus ◽  
Land Property Rights

This chapter explains the nature of land as a legal concept, as well as the nature of rights in land. Land includes both corporeal things — such as land and buildings — and incorporeal things, such as rights over land. Property rights in relation to land come in two forms: estates and interests. Estates are rights which a person holds in their ‘own land’, while interests are rights which a person holds in relation to another's land. Both of these are proprietary; proprietary interests are those rights which are capable of having third party effects. Therefore, the crucial distinction between personal and property rights is about the effect that these rights can have on third parties. The chapter then looks at the numerus clausus (closed list) of property rights. If a right is not part of this list, then it is licence. Licences are the generic category of rights that relate to land but which are not property rights. The four categories of licence include estoppel licences, bare licences, contractual licences, and licences coupled with an interest. The chapter concludes by exploring the concept of relativity of title in English land law.

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