Introduction - GDL Land Law

Land Law : Introduction

Proprietary and Personal Rights

• Property and ownership: property is the right; ownership identifies the person in whom the right is vested.

• Proprietary rights: a right in the property itself, enforceable against third parties.

• (not like eg contract, where it’s about rights between two individuals).

• A right in the thing itself (enforceable ‘in rem’)—in the thing itself.

• Enforceable against 3^rd parties, subject to rules.

• An owner’s right is proprietary (a right in the property itself), exercisable against the world. An owner may choose to grant rights to others, or sell or give away their entire proprietary rights. Or they may grant a lesser right (eg temporary possession or use, eg letting).

• Someone who takes possession of another’s property acquires property rights by the very taking of possession.

• When you think of land law, don’t think in terms of rights against another person—but competing rights within the property.

• VS personal rights: a right against a person, relationship between individuals (most obviously form is a contract); enforceable only ‘in personam’.

• Never enforceable against 3^rd parties.

• Land as a special case

• Only true owner of physical land in this country is the Crown; The most any other person may own over land is a right of temporary possession or use of land, known as an estate in land.

• We hold the land, accordingly to the doctrine of tenure.

• Ambit of land law: the acquisition and transfer of these varied proprietary rights in land (and the rights and duties of the holders of these rights between themselves).

• Proprietary rights in land.

• ‘Estates’ in land = rights to possession

  • Freehold: rights to land for indefinite time period (passes on to heir). Freehold means free from any attached ‘tenurial’ obligations.

  • Leasehold: right to enjoy the land for a certain period of time.

• Lesser rights, Interests in land (rights of more limited use).

  • Easements: right of way.

  • Mortgage: security right over land, when you lend money, you take a right over land as security.

  • Restrictive covenants: eg agreement with neighbour that they will not build above a certain height.

  • An estate contract: a contract, or an option, to buy someone’s land, or a right of first refusal.

  • Beneficiaries’ interests under a trust of land: an equitable interest in land under a trust. (A right recognised in equity, not common law).

‘Estates’ in Land: Freeholds (highest form)

• Freeholds:

• Highest freehold, fee simple absolute in possession: In practice, gives you ownership of the land indefinitely (FEE SIMPLE ABSOLUTE IN POSSESSION). (fee means inheritable; simple means...