University-Level Comprehensive Land Law Study Guide

FUNDAMENTAL TERMINOLOGY AND CONCEPTUAL FRAMEWORKS OF LAND LAW

• Land Law Overview: Deals with the acquisition of estates and interests in land, and the creation of rights, interests, and obligations. It distinguishes between the legal estate and beneficial interests.
• Core Terminology:     * Assent: Method by which the legal title of land owned by a deceased person is transferred to the appropriate beneficiary by personal representatives.     * Assignee: The party to whom a right is transferred (e.g., the incoming tenant acquiring a leasehold estate).     * Assignor: The party who transfers a right to another (e.g., the existing tenant transferring their leasehold estate).     * Chattels: Moveable personal property left at a property during a sale; items other than freehold land.     * HM Land Registry: A non-ministerial department established in $1862$ to register land/property ownership in England and Wales.     * Landlord: The party entering into a lease with a tenant, allowing occupancy on set terms and rent. A "head landlord" owns the freehold; if subletting occurs, the tenant becomes the "immediate landlord" to the subtenant.     * Licence: A document providing consent/agreement for a party (licensee) to perform an action. It creates personal rights (privity of contract) but is not a transferable interest in land.     * Mortgagee and Mortgagor: The borrower is the "mortgagor" and the lender is the "mortgagee". The land acts as security for the loan.     * Privity of Contract: A principle stating that only parties to a contract can enforce its terms for the contract's duration.     * Privity of Estate: The relationship existing when two persons share a landlord-tenant relationship.     * Registered Land: Land title registered at HM Land Registry following a triggering event or voluntary application.     * Unregistered Land: Land title proven by an unbroken chain of documentary evidence (title deeds) starting with a root of title at least $15\,\text{years}$ old.

REAL PROPERTY VS. PERSONAL PROPERTY

• Real Property: Land or interests in land; it is immovable. Owners can recover the land itself if dispossessed.
• Personal Property: Everything that is not land, divided into:     * Choses in Possession (Chattels): Tangible movable items (e.g., tables, washing machines).     * Choses in Action: Intangible rights realized only via court action (e.g., debts, shares, patents, copyrights).
• Fixtures vs. Fittings: Some items become part of the land (fixtures) while others remain personal property (fittings/chattels).
• Planning Categories: Land is categorized by use under the $Town\,and\,Country\,Planning\,Act\,1990$. Specific uses not falling into a class are "sui generis" (e.g., betting shops, theatres, scrap yards).

DEFINING "LAND" AND ITS COMPONENTS

• Definition: Under the $Law\,of\,Property\,Act\,1925\,\text{(LPA 1925)}$, land includes:     * Corporeal Hereditaments: Physical tangibles like the surface, buildings, mines, minerals, trees, plants, and fixtures.     * Incorporeal Hereditaments: Intangible rights like easements and rents.
• Vertical Boundaries and Exceptions:     * Airspace: Limited to the height necessary for ordinary use and enjoyment.     * Ground Below: The Crown owns gold, silver, and treasure ($Treasure\,Act\,1996$: specified coins at least $300\,\text{years}$ old). Statute controls coal, oil, and natural gas.     * Wild Animals: Not owned by the landowner.     * Objects Found: True owners have the best title. If unattached and the owner is unknown, the finder usually claims it, unless it qualifies as "treasure" belonging to the Crown.

TESTS FOR FIXTURES AND CHATTELS

• Degree of Annexation Test: Greater attachment (screwed, bolted, nailed) increases the likelihood of being a fixture, especially if removal causes damage.
• Purpose of Annexation Test: Considers if the item was intended as a permanent improvement. A free-standing statue part of an architectural design may be a fixture.
• Transfer of Ownership: Fixtures pass to the buyer automatically upon completion; fittings (e.g., curtains, fitted carpets) do not.

ESTATES AND INTERESTS IN LAND

• The Crown: Technically owns all land; individuals hold an "estate".
• Two Legal Estates ($LPA\,1925$):     1. Freehold (Fee simple absolute in possession): Indefinite duration.     2. Leasehold (Term of years absolute): Fixed maximum duration with an ascertainable end date.     * Commonhold: Introduced in $2002$; a freehold alternative for units (flats) managed by a commonhold association.
• Beneficial Interests: Based on equity/fairness. The beneficial owner is entitled to economic benefits (sale proceeds, rent) and occupation rights.
• Legal Title Limits: A maximum of $4$ persons of full age and capacity can hold the legal estate. There is no limit on beneficial owners.
• Five Legal Interests ($LPA\,1925\,s\,1(2)$): Only legal if created by deed:     1. Mortgages: Legal charges to secure loans.     2. Easements: Rights over one piece of land for the benefit of another (e.g., right of way).     3. Rent-charges: Periodic payments required of a landowner (not arising from a lease).     4. Profits à Prendre: Right to take something from another's land (e.g., timber, fish). Can be "in gross" (independent) or "appurtenant" (attached to land).     5. Rights of Entry: Rights found in leases or annexed to rent-charges.
• Equitable Interests: All other interests ($LPA\,1925\,s\,1(3)$), including:     * Freehold Covenants: Restrictions (not to do) or positive obligations (to do).     * Estate Contracts: Contracts to purchase land or options to purchase.     * Matrimonial Home Rights: Statutory right under the $Family\,Law\,Act\,1996$ for non-owning spouses/civil partners to occupy a home.     * Beneficial Interests under a Trust: Often arising from contributions to the purchase price.     * Equitable Mortgages: Resulting from failed legal formalities or an agreement to create a mortgage.

FORMALITIES FOR CREATION AND TRANSFER

• Contracts ($LPMPA\,1989\,s\,2$): Must be in writing, include all agreed terms, and be signed by all parties. Oral agreements for land sales are unenforceable.
• Deeds ($LPA\,1925\,s\,52$): Required to create/transfer legal estates and interests. A valid deed must be:     1. In Writing.     2. Intended as a deed: Must describe itself as such on its face.     3. Validly Executed: Signed by the individual in the presence of a witness (attestation) and delivered (acknowledging intention to be bound).
• Exceptions to Deeds: Assents (must be in writing) and leases for $3\,\text{years}$ or less at best rent without a fine.
• Transfer Documents: Registered titles use $TR1$ (whole) or $TP1$ (part). Unregistered land uses a "Conveyance".
• Creating Equitable Interests: Express trusts require a written signed deed. Implied trusts (beneficial interests) arise from purchase contributions without formalities.

TITLE TO LAND: REGISTERED AND UNREGISTERED

• Unregistered Title: Ownership proven by an "epitome of title" (schedule of deeds). The Root of Title must be at least $15\,\text{years}$ old, deal with the whole legal/equitable interest, describe the property adequately, and cast no doubt on the title.
• Registered Title: Ownership proven by "official copies" of the register. Title passes upon registration at HM Land Registry (unlike unregistered, which passes on completion).
• Compulsory Registration Triggers: Required since $1\,\text{December}\,1990$ for:     * Conveyance on sale of freehold.     * Assent/Deed of gift.     * First legal mortgage.     * Grant of lease for > $7\,\text{years}$.     * Assignment of lease with > $7\,\text{years}$ unexpired.     * Applications must be made within $2\,\text{months}$ of the trigger.

THE LAND REGISTER CONTENT AND CLASSES

• Property Register: Identifies address, title plan (edged red), and rights benefiting the land (e.g., easements).
• Proprietorship Register: Names the legal owners, specifies the Class of Title, and lists restrictions (e.g., Form A Restriction indicating a trust/tenancy in common).     * Absolute Freehold: Best class; state-guaranteed.     * Possessory Title: Based on possession; can be upgraded to Absolute after $12\,\text{years}$ unchallenged.     * Good Leasehold: Freehold title not produced to Registry; can be upgraded once freehold is inspected.
• Charges Register: Lists encumbrances (mortgages, restrictive covenants).

PROTECTING THIRD-PARTY INTERESTS

• Unregistered Land Protection: VIA the Land Charges Department:     * Class C(i): Puisne mortgage (not protected by deposit of deeds).     * Class C(iv): Estate contract.     * Class D(ii): Restrictive covenants.     * Class D(iii): Equitable easements.     * Class F: Matrimonial home rights.     * Note: Registration against the correct name of the estate owner constitutes actual notice.
• Doctrine of Notice: Applies to few interests (pre-$1926$). A "Bona Fide Purchaser for Value of a Legal Estate without Notice" (Equity's Darling) takes free of such interests. Notice types: Actual, Constructive (reasonably discoverable by inspection), and Imputed (agent's knowledge).
• Registered Land Protection: VIA Notices (Agreed or Unilateral on the Charges Register) or Restrictions (Proprietorship Register).
• Overriding Interests: Bind even if not on the register. Common examples:     * Leases for $7\,\text{years}$ or less.     * Persons in Actual Occupation with rights in the land (must disclose upon enquiry; must be obvious on inspection).

CO-OWNERSHIP AND TRUSTS OF LAND ($TLATA\,1996$)

• Trust of Land: Arises automatically under $TLATA\,1996$ whenever land is co-owned. Legal title is held by trustees; beneficial interest by beneficiaries.
• Joint Tenancy (JT): No identifiable shares; doctrine of Survivorship applies (interest passes automatically to survivors on death). Legal estate MUST be a JT.     * The Four Unities: Possession, Interest, Time, Title. All must be present for an equitable JT.
• Tenancy in Common (TiC): Identifiable "shares". No survivorship (share passes by will/intestacy). Presumed in commercial/unequal contribution scenarios.
• Severance: Converting an equitable JT into a TiC. Methods:     1. Written Notice (irrevocable intention to sever immediately).     2. Act Operating on Share (sale, equitable mortgage, bankruptcy).     3. Mutual Agreement/Course of Conduct.
• Overreaching: Mechanism where interests of beneficiaries are transferred from the land to the sale proceeds. Requires payment to at least $2$ trustees or a trust corporation.
• Disputes: Under $TLATA\,1996\,s\,14$ and $s\,15$, parties can apply for a court order (e.g., to force a sale). Factors: creator's intention, purpose of trust, welfare of minors, and interests of secured creditors.

EASEMENTS ($Re\,Ellenborough\,Park\,[1956]\,Ch\,131$)

• Criteria for Validity:     1. Dominant and servient tenements exist.     2. Accommodates the dominant tenement (benefits the land, nearby proximity).     3. Separate ownership/occupation.     4. Capable of lying in grant (sufficiently exact; more than just personal benefit).
• Creation Methods:     * Express Grant/Reservation: Must be by deed and registered (if registered land).     * Implied Grant: Via Necessity or Common Intention.     * Rule in $Wheeldon\,v\,Burrows\,(1879)\,12\,Ch\,D\,31$: Implied if continuous, apparent, and necessary for reasonable enjoyment, and in use at sale.     * $LPA\,1925\,s\,62$: Converts quasi-easements into full easements on land sale.     * Prescription: Long use (at least $20\,\text{years}$) "as of right" (no force, secrecy, or permission).

FREEHOLD COVENANTS ($Tulk\,v\,Moxhay\,[1843-60]$)

• The Problem of the Burden: Generally, the burden of a covenant does not run at common law. Only the original parties have privity of contract.
• Restrictive Covenants (Negative): Burden runs in equity if:     1. Negative in substance.     2. Accommodates the benefitting land (touches and concerns).     3. Intended to run (implied by $LPA\,1925\,s\,79$).     4. Notice requirements are met (registration as D(ii) charge or notice on register).
• Positive Covenants: Burden never runs (except the mutual benefit/burden rule: $Halsall\,v\,Brizell\,[1957]\,Ch\,169$). Enforced via chains of indemnity, rent-charges, or granting leases.

MORTGAGES AND ENFORCEMENT

• Formalities: Legal mortgages must be by deed ($LPA\,1925\,s\,52$) and registered ($LRA\,2002\,s\,27(2)(f)$).
• Lender's Rights/Powers:     * Power of Sale: Arises when capital is due; exercisable if interest is $2\,\text{months}$ in arrears, or written demand for capital remains unpaid for $3\,\text{months}$, or breach of terms.     * Duties on Sale: Obtain the "proper" price (market value), act in good faith, advertise, and hold surplus funds on trust.     * Right to Possession: Arises as soon as the deed is signed, usually via court order.
• Third Parties: Lenders must ensure consent of co-occupiers is not through undue influence ($Royal\,Bank\,of\,Scotland\,plc\,v\,Etridge\,(No\,2)\,[2002]\,2\,AC\,773$).

LEASES AND LICENCES ($Street\,v\,Mountford\,[1985]\,AC\,809$)

• Lease Requirements:     1. Exclusive Possession (right to exclude all, including landlord).     2. Term Certain ($Lace\,v\,Chantler\,[1944]\,KB\,368$: "duration of the war" is not certain).     3. Rent (not strictly legal but common).
• The Landlord and Tenant (Covenants) Act 1995 (LTCA):     * Old Leases (pre-$1996$): Original tenant remains liable for the whole term.     * New Leases (on/after $1\,Jan\,1996$): Tenant released on assignment, unless an Authorized Guarantee Agreement (AGA) is required.
• Remedies for Breach:     * Forfeiture: Landlord ends lease early for default. Requires an express clause. For non-rent breaches, a $s\,146\,\text{Notice}$ must be served.     * CRAR (Commercial Rent Arrears Recovery): Procedure to seize goods for unpaid rent.     * Self-help: Landlord repairs and recovers cost as a debt ($Jervis\,v\,Harris\,[1996]\,Ch\,195$ clause).
• Business Protection ($LTA\,1954$): Security of tenure allows tenants to stay past term end. Termination via $s\,25\,\text{Notice}$ (Landlord) or $s\,26\,\text{Notice}$ (Tenant).     * Grounds for Opposition: Include fault grounds (rent, repair, other breaches) and no-fault grounds (demolition, landlord occupation). No-fault grounds trigger statutory compensation.     * Contracting Out: Requires a "health warning" notice, tenant declaration, and reference in the lease; otherwise, protection applies.