Deepseek Land Law Overview and Key Concepts

Easement

Right over another's land (e.g., right of way).

Estate

Duration of interest in land (freehold/leasehold).

Socage

Feudal tenure (all freeholds now held this way from Crown).

Concurrent

Interests existing simultaneously (e.g., joint ownership).

Inter vivos

Transfer during lifetime (vs. by will).

Overreaching

Converts trust interests to money on sale (s.2 LPA 1925).

Corporeal hereditaments

Physical (earth, soil, buildings).

Incorporeal hereditaments

Intangible rights (easements, rentcharges).

Realty

Rights in land (freeholds, easements, covenants).

Personalty

Leaseholds ('chattels real') + movable property.

Degree of Annexation

How firmly attached?

Purpose of Annexation

Permanent improvement = fixture.

Fee Simple Absolute in Possession

Indefinite duration: closest to 'ownership,' reverts to Crown if no heirs.

Term of Years Absolute

Fixed-term duration (e.g., 99-year lease). Personalty but treated as estate in land.

Commonhold

For interdependent properties (e.g., flats).

Legal Interests

Easements (e.g., right of way), legal mortgages, rentcharges, statutory rights (e.g., land tax).

Equitable Interests

Trust interests (beneficiaries' rights), estate contracts (e.g., agreements to sell), restrictive covenants.

LPA 1925

Codifies land law rules (e.g., formalities, legal/equitable interests).

Fixtures

Use annexation + purpose tests (case-dependent).

Interests

Legal (limited list) vs. equitable (everything else).

Extent of Land

Upwards to reasonable height (Bernstein v Skyviews), downwards to centre of the earth.

LRA 1925

Legislation that governs land registration prior to LRA 2002.

LRA 2002

Legislation that modernizes registration, e-conveyancing, and adverse possession.

AEA 1925

Legislation that deals with property transfer on death.

Trustee Acts

Regulate trusts and their impact on third-party rights.

Doctrine of notice

Applies to trusts and equitable interests, affecting third-party rights.

Land Charges Register

A register for registerable interests such as easements and restrictive covenants.

s.198 LPA 1925

States that registration serves as notice to all parties.

s.199 LPA 1925

Declares unregistered interests void against buyers.

Overreaching

Converts trust interests to money if statutory conditions are met.

Mirror principle

The register reflects all interests in registered title.

Curtain principle

Trusts are hidden; beneficiaries' interests are overreached.

Insurance principle

The state guarantees the accuracy of title in registered systems.

Interests overriding

Interests that bind even if unregistered, such as short leases and actual occupation.

s.2 LP(MP)A 1989

Requires contracts to be in writing, contain all terms, and be signed by both parties.

Caveat emptor

The principle that the buyer must investigate the property.

s.1 LP(MP)A 1989

Specifies requirements for a deed, including intent and witnessing.

Constructive Trusts

Arise without writing and may bind buyers due to hidden interests.

Proprietary Estoppel

Arises from detrimental reliance on an owner's promise.

Adverse Possession

Unregistered: 12 years leads to title extinguished; registered: 10 years to apply for registration.

Key Takeaways

Formalities matter in contracts and deeds; understand registered vs. unregistered systems.

Co-ownership

Two or more people hold simultaneous interests in the same property.

Trust of Land (ToL)

Splits legal title from equitable interests.

Trustees

Max 4 individuals who manage land under fiduciary duty.

Beneficiaries

Individuals who enjoy property through occupation or income.

Overreaching (in context of ToL)

Sale by two or more trustees shifts equitable interests to money.

Tenancy in Common (TiC)

A form of co-ownership where shares can be unequal, and there is no automatic transfer of shares upon death.

Joint Tenancy

A form of co-ownership requiring 4 unities: Interest, Possession, Title, Time.

Survivorship

The automatic transfer of ownership to the surviving joint tenant upon the death of one tenant.

Legal Title

Only Joint Tenancy is allowed under s36(2) LPA 1925.

Shares in Tenancy

In Tenancy in Common, shares can be unequal (e.g., 70/30) while in Joint Tenancy, shares are equal.

Severance

The process of converting a Joint Tenancy into a Tenancy in Common, which can only occur in equity.

Oxley v *******

A key case regarding the presumption of equal shares in domestic property.

Stack v Dowden

A key case establishing that domestic property is presumed to have equal shares unless proven otherwise.

Jones v Kernott

A key case where courts infer intentions from conduct, such as who paid bills.

Williams v Hensman

A key case outlining 4 ways to sever a Joint Tenancy: notice, act on own share, mutual agreement, course of dealing.

Harris v Goddard

A key case stating that severance requires immediate intent.

Express Declaration

A binding declaration in a deed regarding beneficial interests.

Unequal Contributions

A rebuttable presumption against Joint Tenancy in equity based on unequal financial contributions.

Conduct/Intention

Factors such as separate finances that can rebut the presumption of Joint Tenancy.

Severance Methods

The 4 methods to sever a Joint Tenancy: Written Notice, Act on Own Share, Mutual Agreement, Course of Dealing.

Kinch v Bullard

A case establishing that a written notice for severance must be received, even if unread.

Bedson v Bedson

A case where acting on one's own share by selling or mortgaging interest is a method of severance.

Burgess v Rawnsley

A case where mutual agreement, even if informal, is a method of severance.

Barton v Morris

A case establishing that conduct treating property as Tenancy in Common can sever a Joint Tenancy.

TOLATA 1996

A statute governing disputes in co-ownership, including court orders and trustee powers.

LPA 1925

A statute that includes provisions for overreaching and limits on the number of trustees.

Street v Mountford

A case establishing that the substance of an agreement matters more than the labels used.

Walsh v Lonsdale

A case establishing that an equitable lease exists if an agreement exists but no deed is present.

Types of Leases

Includes Fixed-term leases with set duration and Periodic leases that roll over.

Landlord's Remedies

Includes forfeiture for non-payment of rent and the ability to seize goods under CRAR.

Forfeiture

3 steps: (1) Clause in lease, (2) No waiver, (3) s146 notice.

Quiet enjoyment

No harassment (Owen v Gadd).

Derogation from grant

Landlord can't ruin property's use (Stewart v Scottish Widows).

Fitness for purpose

Only for furnished homes (s11 LTA 1985).

QQD

Quiet enjoyment, Quality (fitness), Derogation.

Lease or licence?

Check exclusive possession (Street v Mountford).

Can landlord forfeit?

s146 notice + remediable breach.

Who's liable post-assignment?

Pre-1996 = original tenant; Post-1995 = AGA.

LPA 1925

Formalities (s52), forfeiture (s146).

LTCA 1995

Tenant release on assignment (s5).

LEASE

Length, Exclusive possession, Ascertainable term, Statute, Equity.

CRAR

Commercial Rent Arrears Recovery (7-day notice).

Legal Mortgage

Created by charge by way of legal mortgage (s87 LPA 1925).

Equitable Mortgage

No deed (e.g., agreement to mortgage).

Four-Maids Ltd v Dudley Marshall

Lender has automatic right to possession (even without default).

Possession

s87 LPA: Automatic right.

Court delay

s36 AJA 1970: Court can delay if borrower can repay (Cheltenham & Gloucester v Norgan).

Sale

s104 LPA: Power arises if mortgage by deed + money due.

Duty

Get best price (Cuckmere Brick v Mutual Finance).

Appoint Receiver

s109 LPA: Receiver = mortgagor's agent (Medforth v Blake - must act in good faith).

Foreclosure

Rare; court order transfers full ownership to lender.

Equity of Redemption

Right to repay and reclaim property.

Create Further Mortgages

Priority depends on registration (First mortgage = first charge).

Lease Property

s99 LPA allows leases (unless mortgage forbids).

Palk v Mortgage Services

Borrower can request sale under s91(2) LPA to reduce debt.

Registered Land

Mortgage binds if registered (or overriding interest).

Unregistered Land

Binds if legal lease or C(iv) land charge.

Unauthorized Leases

Not binding on mortgagee (Mortgage Repossessions Act 2010: 2-month tenant delay).

Covenantor

Party bound by the promise (burden).