2. Important principles of land law

Author(s):  
Robert Abbey ◽  
Mark Richards

Land Law is an important foundation for the study of Property Law and Practice (PLP). This chapter summarizes the fundamental principles of land law. It covers estates and interests in land; trusts and co-ownership; easements; freehold covenants; leases; mortgages; and third party rights, overriding interests, and the register and classes of title.

Author(s):  
Robert Abbey ◽  
Mark Richards

Land Law is an important foundation for the study of Property Law and Practice (PLP). This chapter summarizes the fundamental principles of land law. It covers estates and interests in land; trusts and co-ownership; easements; freehold covenants; leases; mortgages; and third party rights, overriding interests, and the register and classes of title.


2020 ◽  
pp. 3-16
Author(s):  
Robert Abbey ◽  
Mark Richards

Land Law is an important foundation for the study of Property Law and Practice (PLP). This chapter summarizes the fundamental principles of land law. It covers estates and interests in land; trusts and co-ownership; easements; freehold covenants; leases; mortgages; and third party rights, overriding interests, and the register and classes of title.


2019 ◽  
pp. 3-16
Author(s):  
Robert Abbey ◽  
Mark Richards

Land Law is an important foundation for the study of Property Law and Practice (PLP). This chapter summarizes the fundamental principles of land law. It covers estates and interests in land; trusts and co-ownership; easements; freehold covenants; leases; mortgages; and third party rights, overriding interests, and the register and classes of title.


Property Law ◽  
2021 ◽  
pp. 4-17
Author(s):  
Mark Richards

Land Law is an important foundation for the study of Property Law and Practice (PLP). This chapter summarizes the fundamental principles of land law. It covers estates and interests in land; trusts and co-ownership; easements; freehold covenants; leases; mortgages; and third party rights, overriding interests, and the register and classes of title.


Author(s):  
Krystyna Szczepanowska-Kozłowska

AbstractOne form of industrial property right infringement is stocking for the purpose of offering or marketing. This form of infringement appears both in EU legal acts on trademarks or designs, as well as in national regulations, including those concerning patents. What is specific to stocking when compared to other activities comprising the stipulated exclusivity of the holder of industrial property rights is the fact that the literal meaning of “stocking” does not explain whether the infringing party or the warehouse keeper is the entity that places the goods in storage. The structure of industrial property rights as absolute rights would theoretically permit the view that the law is violated by both the entity that accepts the goods for storage and the entity that places such goods in storage. To determine if there is an infringement, it must be established what the goods being stocked are further intended for. It is not without significance that the finding of an infringement of industrial property rights does not depend on fault or awareness. From the point of view of the industrial property law regime, it is difficult to find arguments against this understanding of infringement by stocking. Since the offeror of goods infringing industrial property rights may be held liable even if the goods have not yet been manufactured, it is conceivable that the entity accepting such goods for stocking is also liable. This interpretation of the concept of stocking would certainly correspond to the absolute nature of liability for infringement.In a recent judgment the CJEU confirmed that the warehouse keeper who, on behalf of a third party, stores goods which infringe trademark rights only creates the technical conditions for trademark use by this third party provided that the warehouse keeper is not aware of that infringement. The CJEU also confirmed that only the person who decides about the purpose of storing the goods can be treated as an infringer. However, the CJEU did not respond to the question regarding whether the warehouse keeper could be treated as an infringer if it pursues the aims of storing the goods at the request of the entity that put the goods into storage.


Author(s):  
Mark P. Thompson ◽  
Martin George

The 1925 legislation was enacted in part to encourage the development of the registration of title to land, to which end the basic doctrines of substantive Land Law had to be simplified. Thereafter, the legislation’s ultimate goal has been to make sure that all land titles in England and Wales are registered. Registration of title aims to facilitate the security of land ownership and land transfer. This chapter focuses on the registration of land titles in England and Wales. After providing an overview of the basics of title registration, it discusses the Land Registration Act 2002, registrable interests, registration with an absolute title, third party rights, unregistered interests which override registration, titles that are less than absolute, dealings with registered land, and indemnity as a result of alteration of register.


2020 ◽  
pp. 1-2
Author(s):  
Robert Abbey ◽  
Mark Richards

Property Law and Practice (PLP) covers all aspects of the process that is otherwise called conveyancing. It is how practitioners arrange the transmission of property ownership from seller to buyer. This introductory chapter provides an overview of PLP. Specifically, it explains the three foundations upon which PLP rests: land law, contract law, and trusts.


Legal Studies ◽  
1987 ◽  
Vol 7 (1) ◽  
pp. 1-38 ◽  
Author(s):  
Iwan Davies

In any system of property law a complete specification of rights and duties raises at least two questions. First, allocation of rights and duties inter se between the parties to the transaction; secondly, the rights and duties of the parties to the original transaction against the rest of the world. The traditional common law analysis where a third party wishes to acquire an indefeasible interest in a chattel is to direct the latter to the ‘owner’ and indeed the prerequisite for the enjoyment of most property rights depends upon our ability to acquire it from someone else. Furthermore, inherent in the idea of acquiring an absolute right in property (title) is exclusivity of possession ie superiority over the transferor and third parties.


Author(s):  
Ben McFarlane ◽  
Sarah Nield

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 edition of Land Law: Text, Cases, and Materials covers all core aspects of land law including legal estates, legal interests, equitable interests, acquisition of interests in land, trusts of land, the priority of interests in land, co-ownership and interests in the home, leases, easements, covenants, and security interests in land. The book provides students with the detailed knowledge and analytical tools required to understand and engage fully with the current topical debates surrounding the subject. The book comprises of a number of parts and it looks at the content question, the acquisition question, and priority and the defences question. It also considers the shared home, leases, neighbours and neighbourhoods (including easements, freehold covenants and flat ownership, including commonhold), and lastly security rights.


Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair

Course-focused and comprehensive, Textbook on Land Law continues to provide an interesting, accessible, and original account of contemporary land law. The seventeenth edition builds upon the book’s unique and straightforward approach. Using a fictional case study to illustrate the key principles of land law, the chapters demonstrate the real-life applications of a subject students often find very abstract, while clarifying complex areas and common points of confusion. The book consists of seven parts. Part I provides an introduction to estates and interests in land. Part II looks at the acquisition of estates in land. Part III considers the two legal estates of freehold and leasehold, and in particular looks in detail at the obligations in a leasehold estate, their enforcement and remedies for their breach. Part IV looks at trusts and proprietary estoppel. Part V is about licences and a review of the law relating to the family home. The next part considers third party rights, including mortgages, and the final part concludes with a consideration of the definition of ‘land’.


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