20. Freehold Covenants

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 difference between restrictive and positive covenants; the rules which govern the running of the burden of covenants; the rules regulating who initially has the right to enforce a covenant; the significance of s56 of the Law of Property Act 1925, and the impact of the Contracts (Rights of Third Parties) Act 1999; the rules regarding assignment of restrictive covenants; the concept ‘building scheme’; and whether a positive or restrictive covenant will pass to successors in title.

17. The Essential Characteristics of Easements

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 characteristics of an easement: there must be a dominant and a servient tenement; the easement must accommodate the dominant tenement; the easement must be owned or occupied by different people; and an easement must be capable of forming the subject matter of a grant. All four characteristics must exist for a right claimed to be an easement. If any one of those is missing then the right is not an easement.

10. Licences and Proprietary Estoppel

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 licences and proprietary estoppel. It covers bare licences; licences coupled with an interest; contractual licences; revocation of a licence by the licensor; the effect of licences between the licensee and a third party; estoppel licences; proprietary estoppel; satisfying the equity; and status of ‘an equity’ before it has been satisfied.

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

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.

24. The Operation of Mortgages

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 rights of the mortgagor; leasing of the mortgaged property; undue influence, where a third party pressures the mortgagor into cooperating in the granting of a mortgage so that the third party can get a loan from a lending organization; redemption of mortgages; and fire insurance of the mortgaged property.

13. The Running of Covenants in a Lease

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 addresses issues stemming from the following question: If a tenant assigns their lease, or sub-lets, and/or a landlord sells his/her fee simple, who is now entitled to enforce the various terms of the lease, and against whom can they be enforced? The discussions cover the liability of original parties after assignment in pre-1996 leases; the Landlord and Tenant (Covenants) Act 1995; position of equitable leases; and position of sub-tenants and head landlords.

5. Registration of Title—The Basic Principles

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 which govern the substantive registration of estates in land. It covers registration of title (mirror principle, curtain principle, and insurance principle); the form of the register (the property part, the proprietorship part, and the charges part); categories of rights in registered land; first registration of title; procedure where a sale or lease gives rise to first registration; grades of title; land certificates; conclusiveness of the register; dispositions of registered titles; and procedure on transfer of a registered title.

21. Escaping from Restrictive Covenants

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 various options available to developers whose plans are obstructed by restrictive covenants. It covers ignoring restrictive covenants; attempting to buy out the dominant owners; modification or discharge of a covenant under s84(1) of the Law of Property Act 1925; and balancing interests of the parties.

12. Obligations in Leases

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 obligations of landlords and tenants in leases. It covers implied landlord’s covenants; remedies for breach of the landlord’s covenants to repair; tenant’s covenants; covenants against assigning, sub-letting, and parting with possession; and remedies against a tenant in breach of repairing obligations.

11. Leases—The Basic Requirements

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; some concepts related to the law of leases; the distinction between leases and licences; how exclusive possession is defined; and formalities for leases.