4. Adverse Possession

In order to acquire an interest in land, certain formality requirements have to be satisfied. Legal estates and interests cannot, in the normal course, be acquired informally. This chapter explores one exception to this position: the law of adverse possession. A claim to adverse possession is a claim brought by a trespasser or squatter who has been in possession of another's land for a long period of time. Land law recognizes other rights arising after use over a protracted period — for example, easements by prescription — but adverse possession is quite different, mostly due to its effects. If successful, the trespasser or squatter becomes the legal owner of the land. The chapter discusses the basis for adverse possession; analysing a claim to adverse possession; establishing a claim to adverse possession; terminating or interrupting a period of adverse possession; the effect of adverse possession; adverse possession and leasehold land; criminalizing residential squatting and adverse possession and human rights.

1. Introduction to Land Law

This chapter provides an introduction to land law. Land law is the law of real property. It is ‘that part of the general law which governs the allocation of rights and responsibilities in relation to “real” or “ immoveable” property’. Land law is about rights in things; in other words, rights in the land rather than rights which are merely personal to the people who created them. More specifically, land law creates a framework in which a variety of relationships between people and land can operate. Land law is concerned with the nature, creation, and protection of rights in land and, also the content of those rights.

10. Covenants in Freehold Land

This chapter considers covenants in freehold land — also known as ‘freehold covenants’. As the name suggests, these are promises made between freehold owners of land. For example, imagine that Anna owns a plot of land which adjoins another parcel of land belonging to Ben. Anna may covenant (i.e. promise) to ensure the frontage of her house is painted annually to maintain the amenity of the area. Ben may also covenant not to run a commercial enterprise on his property. These promises are freehold covenants. The chapter discusses the nature of covenants in freehold land; enforcing freehold covenants; enforcing positive freehold covenants; discharge and modification of freehold covenants; and reform of freehold covenants.

5. Co-ownership

This chapter discusses the law of co-ownership. Co-ownership is the name given to the situation where two or more people own land at the same time. This land may be freehold or it may be leasehold. The chapter considers questions such as how does the law deal with disputes over the family home when spouses face relationship breakdown, often with one partner wishing to remain in the home, perhaps with children? Whose interest prevails, the individual or the bank, when a co-owner finds herself in serious debt? The law of co-ownership represents an amalgam of common law rules and statutory provisions, most notably under the provisions of the Law of Property Act 1925 and the Trusts of Land and Appointment of Trustees Act 1996.

11. The Law of Mortgages

A mortgage is a form of proprietary security for the advancement of a loan. A bank or lender advances a loan and in return they are granted a mortgage: an interest in the borrower's land. The uses to which mortgages can be put are not confined to home ownership. Mortgages are exploited in the residential and commercial sectors as well as being used for the purposes of property investment and capital financing. This chapter discusses the nature of mortgages; the creation of mortgages; the rights and powers of the mortgagor; the rights of the legal mortgagee; the rights of equitable mortgagees and equitable chargees; and the priority of mortgages.

9. The Law of Easements and Profits

This chapter considers two rights in land that fall short of an entitlement to possession, rights which fall short of freehold or leasehold estates. These lesser, non-possessory rights — of which easements and profits or profits à prendre are but two — are a vital way in which even more of the value in land can be unlocked. An easement is a right of one landowner to enjoy limited use of another's neighbouring land. A profit involves a right to take something from another's land. It involves more than a mere limited right over another's land but rather entails a right to appropriate some part of the natural product of that land (i.e. to take something from another's land).

8. Leases

Leases embrace a multiplicity of contexts from the residential to the commercial to the agricultural. Whether a lease is residential, commercial, or agricultural gives rise to quite distinct consequences as to how the lease operates. This chapter considers the lease whose central distinguishing feature from the licence is its ability to bind third parties as a proprietary right. It begins by reflecting on the importance and place of the lease both in modern land law and for everyone as citizens It then discusses the nature of leases; the essential elements of leases; types of leases; creation of leases; termination of leases; and leasehold covenants.

6. Interests in the Family Home

For many people, whether or not they enjoy an interest in the family home is fundamental to their sense of security, stability, and even their sense of self. However, a person may find themselves in a position where they are neither the registered legal owner of property nor do they enjoy an equitable interest under an express trust of land. This chapter examines how a person may acquire an interest in the family home through constructive and resulting trusts. It focuses on non-married, non-civilly partnered, cohabiting couples, or family members otherwise coming together to purchase property as a home. For these people, no legislation exists that give courts jurisdiction to declare and adjust property interests.

7. Licences and Proprietary Estoppel

This chapter discusses the nature, status, and characteristics of licences; the different types of licences that exist; what makes them distinct from other interests in land lawl and how they can be brought to an end. Licences in land arise when the owner of land grants to another person permission to use that land for a given purpose. A licence is therefore a permission to enter or do something on another's land. The person granting the licence is the ‘licensor’ while the party to whom the licence is granted the ‘licensee’. The chapter also introduces to the doctrine of proprietary estoppel — a means by which a person may acquire a proprietary interest in another's land — and the interrelationship between proprietary estoppel and licences is examined.

2. Principles of Registered Land

This chapter presents an overview of the Land Registration Act 2002 (LRA 2002), which governs land registration today, its objectives, mechanics, as well as exploring when land can and must be registered. The LRA 2002 (which came into force in October 2003) is the primary source for the title registration system and provides the statutory framework for the modern law, supplemented by Land Registration Rules which add flesh to the bones of the Act. Registration has, however, been around for far longer. Today's system is the product of a series of incremental developments in statute from the Acts of 1862, 1875, and 18979 to the Land Registration Acts of 1925 and 1997.