1. Intro to Land Law-Property Law

According to the word slides provided

During 1925 [IMPORTANT]

Law of Property Act 1925

Land Charges Acct 1925 later replaced with LCA 1972

Land Registration Act 1925 later replaced with LRA 2002

Trustees Act 1925

Administration of Estates Act 1925

The purpose/policy of the these statutes is to simplifying the buying and selling of land and strike a balance between rights of interest holders and the rights of the purchasers of the land
-Land was becoming very difficult to buy and sell
-Too many people had too many rights and Purchasers were afraid to buy land
-Difficult to determine all possible rights and the holders of those rights were not sufficiently protected

1925 reforms seems to favour the Purchasers by eliminating the need to make too many inquiries before purchase of the land

1925 Reforms and Unregistered Land Law

This reform introduced by the Land Registration Act 1925
They were all asked to put their name and details in the central registra.

1955- 13-15% of land has not been registered, 85% of people put their record on register

2025 now
There are 2 systems running simultaneously
1. Registered Land/Registered Title 87%

2. Unregistered Land 13% of land the people are not bothered to upload to their data into the central registra (UOL students got to learn this)

Classification of Property

Real Property/Realty/Proprietary: a right in Rem
It is a right against an individual. Privity of Contract, when you enter into a contract, only the two people can sue and be sued.

AND

Personal Property/Personalty: a right in personem
The right goes beyond the person and it goes to the land.

Acre example: Sally wants to drive across David's land. If David give permission to Sally to drive across, this is personal right. If the right is an easement, which is a property right, even if David did not give Sally the right or permission to drive across, she got the right that is on the land, whoever comes into ownership, they will have to recognise the property right.

Definition of Property Right

Lord Wilberforce in National Provincial bank v Ainsworth (1965)
“Proprietary right must be definable, identifiable by Third Party and stable (a degree of permanence)”

Refer to this quote, they must be able to clearly tell you what is the right they are exercising. Clear, simple, defined.

Definition of Land, what is land

All land is owned by the Monarch (others own either Estates or Interest in the land)
Definition of Land- Section 205(1)(ix) LPA 1925

The physical land:
Cuius Est Solum Latin- whoever’s the soil, it is theirs all the way to Heaven and all the way Hell- down to the center of the earth & up to heavens

Legal definition of land
-anything physically attached to it- physical land/asset
-rights that owner or others may enjoy over it

Which classified into:
The real/tangible Corporeal Hereditaments
AND
The intangible Incorporeal Hereditaments

Why is land so special?

-scarcity
-special feature include its permanence (strength)
-uniqueness of each piece of land such as its physical location can never be share
-capacity for multiple simultaneous use
-social importance
-ECHR Article 8. Everyone has the right to respect for ‘his home’

What a buyer of land would generally want to know.

1. Does the Seller have the title to sell? Proving title

2. Whether any other parties have rights to the land which might interfere with his use of land (personal rights or property rights)

There are 2 systems to prove title:
a. registered title Land Registration Act 2002
b. unregistered land Law of Property Act 1925 & Land Charges Act 1972

Types of Proprietary Rights

1925 legislation reduced the number of Estates and Interest in law.
Estates: Tantamount to Ownership for a time, right to use and control land
Interest: Right that a person enjoys in land of another | eg: easement (Right to cross or use someone's land for a specified purpose.) etc

Types of Proprietary Rights: Estates

The right to use and control land

Section 1(1)(a) & (b) LPA 1925 (1925 onwards, Parliament recgonise only 2 estates):

1. FSAIP (Fee Simple Absolute In Possession) also known as Fee Simple, Freehold
   Ownership: Indefinite, NO condition NO limitation, available for inheritance
   You are an owner indefinitely. The land can be inherited by anyone in the family without condition.

2. TOYA (Term Of Year Absolute) also known as Leasehold
   Ownership: Definite, Got condition such as terms of years [1 week to X year], got limitation
   It is also an ownership but it only for a term of years. The term of years must be certain. The time range can be 1week until whatever year.

   Longest leasehold so far (googled): 2000years

FREEHOLD and LEASEHOLD are legal estate and legal ownership 

Types of Proprietary Rights: Interest

The right that a person enjoys in the land of another
Examples:
-Easements
-Restrictive covenant
-Life interest
-Proprietary Estoppel
-Freehold covenant 

Legal and Equitable Rights

Legal Rights
-Right in rem
-Right in the land
-Traditional rights of property recognised by the common law
-Enforceable against the whole world- Legal rights are enforceable as of right
-’Legal rights bind the world’

Equitable Rights
-Enforceable against certain people
-Rights known only to the Court of Chancery
-Equitable rights are at the courts discretion
Note: Bona Fide Purchaser for Value Without Notice

How do we determine if a Right is Legal or Equitable?
2 questions must be asked

1. Is the right capable of existing as a Legal Right, Or is it merely recognised as an Equitable right (equitable owner)

Rights capable of being recognised as a legal right Section 1(1)(a)(b) & 1(2)(a)(c) LPA 1925
-FSAIP Section 1(1)(a) LPA 1925
-TOYA Section 1(1)(b) LPA 1925
-Easement Section 1(2)(a) LPA 1925
-Mortgage Section 1(2)(b) LPA 1925

2. Has it been created in a proper way- satisfying the formalities of creation of the right formalities (both)

Land Transactions- Documents used in land dealings:
Deed- Section 52 LPA 1925 (Document shows formality such as “..this is a deed…”, sign and witness.)
Registration- Section 27 LRA 2002

Right will be EQUITABLE if
i. Not listed in section 1(1) & (2) LPA 1925
ii. Found in section 1 LPA 1925 but Not created by Deed or X registration was done
iii. No registration is done- Section 27 LPA 2002

Land Transaction- Documents used in land dealings

Section 2(1) & (3)LP(MP)A 1989
“Any contract for the sale or other disposition of an interest in land can only be made in writing and signed by each party to the contract, containing all the terms of the agreement. This is known as Estate Contract

Note: Section 40 LPA 1925 (repealed) 27/09/89

Quiz: You have an Easement done in a contract writing, what is the status of the easement?

It is an equitable right, which is call an equitable easement. Because it is not done by deed, the contract is just an informal contract. If the contract is a deed, you will mention it is a deed.

Quiz: Easement+ Deed+ Registration

Legal right, legal easement

Quiz: Freehold covenant done in a deed + registration

Equitable right.

Quiz: Feetail + Deed + Registration

Equitable right

Quiz: Mortgage + Contract in writing

Equitable Right

Quiz: TOYA + Deed + Registration

Legal TOYA, Legal Lease

Quiz: TOYA + Contract in writing

Equitable Right

Quiz: Proprietary Estoppel + Deed + Registration

Equitable right

Rights that are created Orally/ Verbally

General Rule: NOT recognised as Valid Rights

Exception to the General Rule: Requirement
i. Short leases- section 54(2) LPA 1925 + section 2(5)(a) LP(MP)A 1989
ii. Interest under implied trust- Section 53(2) LPA 1925
iii. Proprietary Estoppel

*Exceptions are strict, 99.9% they will not allow you to create an oral right

Note: Adverse Possession

Written/ Documents rights

Informal Document- Contract/Agreement in writing
Writing + Signed: Section 2 LP(MP)A 1989

Formal Document- Deed
Sec 52 LPA 1925
Sec 1 LP(MP)A 1989