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Law Notes Land Law Notes

Introduction And Registration Notes

Updated Introduction And Registration Notes

Land Law Notes

Land Law

Approximately 987 pages

Land Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB land law cases and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Hong Kong or Malaysia (University of London).

These were the best Land Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LLB samples from outstanding law students with the highest results ...

The following is a more accessible plain text extract of the PDF sample above, taken from our Land Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Introductory

A. Concepts and history

  • Birks, in Land Law Themes and Perspectives (ed Bright & Dewar), ch 18: Five keys to land law and one pervasive theme of facilitation (secondary counter theme of inhibition):

    • Time: Land is generally permanent so therefore want to deal in slices of time; rule against perpetuities facilities creation of interests but inhibits sterilisation of the land;

    • Space: Clear that person does not own everything above and below his land, so need to set limits on the interest; possibility of flying freehold; limitation on how can use land (easements);

    • Realty: Distinction between personal and proprietary rights; see leases/licences.

    • Duality: Of fundamental importance is the interplay between law and equity; where they differ, equity is to prevail; trust exists where beneficial owner different from legal; also duality in that can divide up ownership e.g. by granting a lease or other legal right overland.

    • Formality: Land law tends to insist on formality at the contract and conveyance stages; contracts to convey interests in land are void unless made in writing; advantage that makes person think about the transaction and can eliminate doubt about the state of affairs; on occasion an equitable interest may override the legal status e.g. actual occupation.

  • Anderson, in Land Law Themes and Perspectives (ed Bright & Dewar), ch 4: A short list can be complied of the ways in which English law pertaining to land is peculiar to other jurisdictions. This is as a result of the enactment of the 1925 Law of Property Act (seen to be a compromise on all fronts):

    • Reduction of legal estates to the bare minimum: no legal life estates.

    • Reduction of common law co-ownership to joint tenancy, limited to a maximum of 4 persons.

    • Allowing abolished legal estates and forms of co-ownership to exist in equity as trusts.

    • Stipulating that the list of recognised equitable interests is now deemed to be closed.

    • Regime of overreaching.

    • Virtual abolition of the doctrine of notice.

    • Mortgage by charge, or long lease, but not by transfer of title.

    • Existence of two land transfer systems: private conveyance by deed (now abolished), or registration.

REGISTRATION AND (OTHER) FORMALITY RULES

A. UNREGISTERED LAND

  • Hunt v Luck [1902] 1 Ch 428: Rent was paid to a solicitor for a person other than legal owner; issue as to whether knowledge of that fact constituted notice of the rights of the recipient of rent payments. Vaughan Williams LJ:

    • If a purchaser knows that the vendor is not in possession he must make enquiries of the person in possession and find out from him what his rights are; if he does not do that rights will be subject to those of the tenant in possession;

    • Actual knowledge that paid to someone inconsistent with the title of the vendor will be constructive notice of that person’s rights, but mere knowledge that they are paid to an intermediary is no notice.

  • Kingsnorth Finance Co Ltd v Tizard [1986] 1 WLR 783: Husband and wife made contributions towards purchase of home, with title registered in the name of the husband alone. After separation the wife stayed on some nights; husband tried to obtain second mortgage. Mortgagee sent agent to visit; agent did not pass on information that the husband had recently split from the wife. Mortgage company sought possession; wife claimed her interest.

    • If a mortgagee carries out such inspections as ought reasonably to be made and does not find the third party in occupation or evidence of their occupation, then will not be fixed with notice of their rights.

    • Where the object of inspection is to ascertain occupation, then an inspection at a time pre-arranged with the vendor might not meet that object (so not ‘reasonable inspection’). Must depend on circumstances.

    • There does not need to be continuous and uninterrupted presence for a person to be considered in occupation of property; nor is the presence negative by a regular and repeated absence.

      • Follows guidance in Williams & Glyn’s Bank v Boland and Hodgson v Marks even though they are in the context of registered land; thinks that would have been protected under s70(1)(g).

    • Thought that if had made proper enquiries would have discovered; therefore subject to s199(1 )(ii)(a).

  • Law of Property Act 1925 ss 198, 199:

    • 198: Registration of any instrument or matter as a Land Charge shall be deemed to constitute actual notice of it to all persons connected with land, from the date of registration or other prescribed date.

    • 199:

      • Purchaser will not be prejudicially affected by notice of:

        • Anything capable of registration under Land Charges Act not registered;

        • Any other instrument or matter unless:

          • Within knowledge or could have come to light if made inspections as ought reasonably to be made, or;

          • Same as above with regards to agents.

      • Above will not exempt purchaser where obligation to perform or observe covenant, condition, provision or restriction is contained in the instrument from which he derives title.

  • Land Charges Act 1972 ss 2, 4(5)(6), 10(4), 17

    • 2: Lists classes of Land Charges which may be registered:

      • Class A:

        • Rent or annuity which is a charge on the land not created by deed, created pursuant to application of person under the provision of any Act of Parliament, for securing costs met by him under the Act or money spent by other under the authority of Act;

        • Rent or annuity money payable created pursuant to application of some person under any of the enactments mentioned in Schedule 2 of this Act.

      • Class B:

        • Anything of the kind above created by other means.

      • Class C:

        • Puisne mortgage (legal mortgage not protected by deposit of documents of title);

        • Limited owners charge (equitable charge acquired by tenant for life or statutory owner)

        • General equitable charge (not secured by deposit of legal documents; does not arise or affect an interest under a trust of land or settlement; is not given by way of indemnity against rents apportioned; not included in any other...

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