Land Law Lecture 1

LAND LAW 2025-26

Unit 1: What is Land?

Overview

  • Focus on the nature of property and estates and interests in land.

Teaching Team

  • Mr. Andrew Cash

    • Module Leader

    • Email: a.cash@hud.ac.uk

    • Office: OA7/16

Teaching and Learning

Structure and Expectations

  • What you can expect:

    • Lecture slides and tutorial handouts are provided in advance.

    • Lectures offer structure, background, and direction.

    • Tutorials follow topics covered in lectures.

  • What is expected of you:

    • Engaged attendance.

    • Respect for peers and lecturer.

    • Preparation ahead of lectures and tutorials.

    • Research indicates a correlation between attendance, preparation, engagement, and good grades.

Assessment and Feedback

  • Formative Assessment:

    • An MCQ and a Mock Exam.

  • Summative Assessment:

    • One ICT (MCQs) and a final exam.

  • Check the module’s ‘Assessment Folder’ on Brightspace for details.

Essential Texts

  • Ben McFarlane, Nicholas Hopkins, & Sarah Nield:

    • Land Law Core Text (2nd edn, OUP 2020)

    • Land Law: Text, Cases and Materials (6th edn, OUP 2024)

  • Chris Bevan: Land Law (4th edn, OUP 2024)

  • All texts are accessible on Law Trove.

  • For additional reading, consult Brightspace under ‘Reading List.’

FAQ: How to Achieve a Good Grade

  • Master the fundamentals of land law; details are complex if basics are weak.

  • Read the textbook, cases, statutes, and commentaries.

  • Prepare for tutorial exercises and actively engage in tutorials.

Learning Outcomes for Unit 1

  1. Explain the concept of land and its development.

  2. Classify property as personal and real.

  3. Identify various types of estates and interests in land law.

  4. Understand the creation of legal and equitable estates and interests before and after 1925.

  5. Appreciate the significance of abstract estates, rights, and principles in land law.

Defining Land

Which of these is land?

  • Examples:

    • My house? Yes

    • A coal mine? Yes

    • My car? No

    • My garden shed? Maybe

Land or Not?

  • Questions of Land:

    • The bath in my bathroom? Maybe

    • The trees in my garden? Yes

    • The iron gate at the end of my drive? Maybe

A Physical Definition

  • Components of Land:

    • It includes the ground and permanent additions (e.g., buildings).

    • Buildings must be “permanent” to qualify as land.

    • Land encompasses trees and anything growing in or under it.

    • The earth beneath the surface and the empty space above are also considered land.

Importance of Rights

  • Land is only valuable if you possess the rights to:

    • Occupy, cross, lease, sell, buy, exclude others, or use as collateral.

    • To execute these actions, the right to do so is necessary.

Dimensions of Land

Physical Aspects

  • These aspects are observable and perceptible.

  • Possession vs. Right to Possess:

    • Possession refers to physical reality.

    • The right to possession is a conceptual distinction.

Possession of Land

  • Legal Recognition:

    • The law recognizes the person in possession as entitled.

    • Title to land is relative; the focus is on who has the best title.

    • You might possess land, but someone else may hold a superior right.

Ownership of Land

Complexity of Ownership

  • Ownership is multifaceted; “landowner” usually refers to the freeholder but can also pertain to the person with possession (e.g., a tenant).

  • Precision in Terminology:

    • Title, freehold/leasehold title, possession, right to possession, and occupation.

Below the Ground

  • Land includes:

    • Minerals contained within it.

    • Buried items.

  • Case Law Examples:

    • Elwes v Brigg Gas Co (1886): boat found six feet under.

    • Waverley BC v Fletcher [1996]: brooch found nine inches under.

  • Exceptions:

    • Items categorized as “treasure trove” per s.1 Treasure Act 1996.

    • Some valuable minerals have specific laws.

On the Ground

  • Possession confers a strong claim; however, relinquishment of control via certain actions can negate claims.

  • Case Law Illustrations:

    • Bridges v Hawksworth (1851): £ on shop floor; no claim due to public invitation.

    • Parker v British Airways Board [1982]: gold bracelet in lounge; no claim in a public area.

Above the Ground

  • Physical encroachment into airspace can constitute trespass.

  • Case Law:

    • Kelsen v Imperial Tobacco Co (1957): established the principle of airspace encroachment rights.

  • Subject to statutory constraints like Section 76 of the Civil Aviation Act (1982).

Water Rights

  • Individuals do not own free-flowing water.

  • The riverbed, however, is considered land.

  • Individuals may possess rights to utilize water.

Wild Animals Rights

  • Wild animals do not belong to anyone while alive.

  • Landowners may have rights to kill wild animals on their property.

  • Animals caught/ killed by landowners or trespassers become the property of the landowner.

Classification of Property

Definitions

  • Real Property:

    • Estates and interests in land.

  • Personal Property:

    • Everything else.

      • Chattels Real: Leases

      • Chattels Personal:

      • Choses in Action: Intangible property

      • Choses in Possession: Tangible property

Estates and Interests

Abstract Notions of Rights

  • Rights concerning land are just as significant as the land itself.

  • These rights are often referred to as interests in land.

Definition of an Estate

  • An estate represents the best interest or right in land and includes the right to possession.

  • Types of Estates:

    • Freehold: Lasts indefinitely, highest interest.

    • Leasehold: For a defined time.

    • Life Estate: Until the holder's death.

Co-existence of Estates

  • Every piece of land has a freehold estate, though the freeholder may not always possess it.

  • Example: Freeholder may lease the property, temporarily losing possession.

Beyond the Physical – Other Rights or Interests

  • Some land rights do not confer possession; they limit the enjoyment of land.

  • Exploration of these lesser interests to follow.

Legal and Equitable Rights

  • Differentiation between legal and equitable rights is crucial.

  • Estates and interests exist either at law, in equity, or at times, both.

Common Law & 1925 Legislation

  • Modern land law evolved from the historical feudal system.

  • Key legislation includes:

    • Law of Property Act 1925: streamlined complicated systems.

    • Trustee Act 1925.

    • Administration of Estates Act 1925.

    • Land Charges Act 1925.

    • Settled Land Act 1925.

LPA 1925 Legal Estate and Interests Limitations

  • Section 1(1): Limits the number of legal estates to two.

  • Section 1(2): Limits the number of legal interests to five.

Legal Estates Recognized

  1. Freehold (Fee Simple): Right to use land indefinitely; transferable via will.

  2. Leasehold (Term of Years): Right to occupy land for the lease duration.

Five Legal Interests

  1. Easement

  2. Right of Re-entry

  3. Rentcharge

  4. Profit à Prendre

  5. Mortgage

Limitation of Common Law

  • Courts also recognize other rights not acknowledged by common law, which must be recognized in equity.

Equitable Interests

Nature of Equitable Interests

  • Equitable interests can be proprietary and attach to land, following ownership changes.

  • Only legal rights automatically bind all parties. Equitable rights can yield different outcomes without altering the legal position.

Example of Equitable Interest

  • Scenario: P agrees to buy S’s freehold at 1 Acacia Avenue for £100,000. S refuses to transfer title after payment.

  • Legal position: The house legally remains with S; however, equity dictates the house belongs to P, as the contract should be honorably upheld.

Role of Equity

  • Equity provides remedies, all discretionary:

    • Courts may order “specific performance,” compelling S to transfer the title.

    • If S sells to Z in breach of the contract, the court may order S to return P’s £100,000 or recognize P’s equitable interest in the property as binding on Z.

Legal vs. Equitable Rights

Determining Legal Status

  • For a right to be legal:

    1. It must be identified as legal under the LPA 1925.

    2. Proper creation procedures must be followed.

    3. Must meet registration requirements if mandated.

  • Failure to satisfy these conditions may render the right equitable, which carries less strength than legal rights.

Tests for Legal Potential

  1. Is it one of the defined legal estates or interests in Section 1 LPA 1925?

  2. Was it created correctly?

    • Standard Requirement: Legal estates/interests typically necessitate a deed (s 52(1) LPA 1925).

    • Exceptions include leases not exceeding three years and easements arising by implication or extended use.

  3. Has it been registered according to requirements?

Conclusion

  • This comprehensive guide provides a foundational understanding of Land Law, emphasizing the significance of legal, equitable rights, and the definitions and classifications of land, property, estates, and interests.