19. Leases

2021 ◽  
pp. 697-753
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Right ◽  
Statutory Protection ◽  
The Impact ◽  
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 focuses on a key feature of a lease: its ability to count as a property right. It explores the three principal questions that apply to any property right: the content question, the acquisition question, and the defences question. It evaluates how the judges’ approach to defining the content of a lease as a property right may have been affected by the presence of statutory protection. The courts’ approach to the content of a lease may be shaped by the fact that, if B has such a right, he or she may qualify (or have qualified) for significant statutory protection. It also considers the impact of the requirement that a lease must have a certain term. The chapter also considers the debate as to the contractual or proprietary nature of the lease.

10. Proprietary Estoppel

2021 ◽  
pp. 343-397
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Third Parties ◽  
Property Right ◽  
The Impact ◽  
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 is concerned with proprietary estoppel. Proprietary estoppel is a means by which a party (B) can gain some protection against an owner of land (A), even if B has no contract with A and even if A has not formally given B a property right in relation to A’s land. Proprietary estoppel is therefore a means by which B can obtain an equitable interest in A’s land. It is noted that proprietary estoppel is very different from other forms of estoppel; so different that the term ‘estoppel’ is positively misleading. The chapter considers the requirements of a proprietary estoppel claim, including the role of unconscionability, how the courts determine the extent of any right arising through proprietary estoppel, and the impact of such rights on third parties.

10. Proprietary Estoppel

Land Law ◽  
2018 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Third Parties ◽  
Property Right ◽  
The Impact ◽  
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 is concerned with proprietary estoppel. Proprietary estoppel is a means by which a party (B) can gain some protection against an owner of land (A), even if B has no contract with A and even if A has not formally given B a property right in relation to A’s land. That protection consists of A coming under a duty to B. Proprietary estoppel is therefore also a means by which B can obtain an equitable interest in A’s land. It is noted that proprietary estoppel is very different from other forms of estoppel; so different that the term ‘estoppel’ is positively misleading. The chapter considers how the courts determine the extent of any right arising through proprietary estoppel, and it also examines the impact of such rights on third parties.

20. Regulating Leases and Protecting Occupiers

2021 ◽  
pp. 754-777
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Right ◽  
New Approach ◽  
Turn On ◽  
The Status ◽  
Statutory Protection ◽  
The Law ◽  
Law Commission ◽  
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 reviews the statutory protection potentially available to B if he or she has a lease. It is shown that, in some cases, B can be seen as having a lease (at least, in the sense used by a particular statute) even if B has no property right. A lease can give B status: the status of a party qualifying for statutory protection. As the Law Commission has noted, however, it is questionable whether the availability of such protection should continue to turn on whether B has a lease, rather than a licence, and a new approach has recently been taken in Wales.

22. Leases

2015 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Right ◽  
Statutory Protection ◽  
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 focuses on a key feature of a lease: its ability to count as a property right. It explores the three principal questions that apply to any property right: the content question, the acquisition question, and the defences question. It then evaluates how the judges’ approach to defining the content of a lease as a property right may have been affected by the presence of statutory protection. The courts’ approach to the content of a lease may be shaped by the fact that, if B has such a right, he or she may qualify (or have qualified) for significant statutory protection.

7. Personal Rights: Licences

2021 ◽  
pp. 194-244
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Right ◽  
Third Party ◽  
Personal Rights ◽  
Distinct Property ◽  
The Impact ◽  
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 a discussion of licences. Licences can be grouped into a number of categories, including bare licences, contractual licences, estoppel licences, statutory licences, and licences coupled with an interest. The key feature of a bare licence is that A is under no duty to B not to revoke the licence. The distinction between a bare licence and a contractual licence turns on the question of whether A is under a contractual duty to B. An estoppel licence, as well as a statutory licence, is similar to a contractual licence: the key difference is the source of A’s duty to B. A ‘licence coupled with an interest’ is a permission to make a particular use of A’s land, which arises as part of a distinct property right held by B in A’s land. The chapter considers the impact of all these forms of licences, looking at the positions of A, of X (a stranger who interferes with the land), and of C (a party who acquires a right in the land from A). It considers whether particular forms of licence ought to count as equitable interests in land. It also examines when a licensee may be protected by a new, direct right against a third party, even though the licence itself is only a personal right.

23. Regulating leases and protecting occupiers

2015 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Right ◽  
Turn On ◽  
The Status ◽  
Statutory Protection ◽  
The Law ◽  
Law Commission ◽  
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 reviews the statutory protection potentially available to B if he or she has a lease. It is shown that, in some cases, B can be seen as having a lease (at least, in the sense used by a particular statute) even if B has no property right. A lease can give B status: the status of a party qualifying for statutory protection. As the Law Commission has noted, however, it is questionable whether the availability of such protection should continue to turn on whether B has a lease rather than a licence.

15. Evaluating the land registration act 2002

2015 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Right ◽  
Land Registration ◽  
The Law ◽  
The Impact ◽  
Law Commission ◽  
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 assesses the impact of the Land Registration Act 2002 (LRA 2002). The Act principally affects the acquisition and defences questions. It considers whether the Act has achieved its aim of providing a comprehensive and accurate register, and also examines if such an aim is a worthwhile one. The effect of the Act depends on whether C's registration can be said to be a ‘mistake’; but that term is not defined in the Act, and so there is room for disagreement amongst judges and commentators as to how the crucial notion of ‘mistake’ should be interpreted. The Act also concentrates on the different question of whether B can assert a pre-existing legal or equitable property right against C. The Law Commission heralded the reforms made by the LRA 2002 as a ‘conveyancing revolution’. At the same time, further changes to conveyancing practice are warranted in order to tackle the perennial frustration experienced by potential homebuyers.

10. Proprietary estoppel

2015 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Third Parties ◽  
Property Right ◽  
The Impact ◽  
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 is concerned with proprietary estoppel. Proprietary estoppel is a means by which a party (B) can gain some protection against an owner of land (A), even if he or she has no contract with A and even if A has not formally given B a property right in relation to A's land. That protection consists of A coming under a duty to B. Proprietary estoppel is therefore also a means by which B can obtain an equitable interest in A's land. It is noted that proprietary estoppel is very different from other forms of estoppel; so different that the term ‘estoppel’ is positively misleading. The chapter considers how the courts determine the extent of any right arising through proprietary estoppel, and it also examines the impact of such rights on third parties.

20. Regulating Leases and Protecting Occupiers

Land Law ◽  
2018 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Right ◽  
New Approach ◽  
Turn On ◽  
The Status ◽  
Statutory Protection ◽  
The Law ◽  
Law Commission ◽  
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 reviews the statutory protection potentially available to B if he or she has a lease. It is shown that, in some cases, B can be seen as having a lease (at least, in the sense used by a particular statute) even if B has no property right. A lease can give B status: the status of a party qualifying for statutory protection. As the Law Commission has noted, however, it is questionable whether the availability of such protection should continue to turn on whether B has a lease rather than a licence, and a new approach has been taken in recent reforms introduced in Wales.

19. Leases

Land Law ◽  
2018 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Right ◽  
Statutory Protection ◽  
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 focuses on a key feature of a lease: its ability to count as a property right. It explores the three principal questions that apply to any property right: the content question, the acquisition question, and the defences question. It then evaluates how the judges’ approach to defining the content of a lease as a property right may have been affected by the presence of statutory protection. The courts’ approach to the content of a lease may be shaped by the fact that, if B has such a right, he or she may qualify (or have qualified) for significant statutory protection.

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