Lecture 2 - LAND LAW – ESTATES AND INTERESTS - PART 1(1) copy

LAND LAW - ESTATES AND INTERESTS

Introduction

  • Land Law facilitates the buying and selling of land.

  • Concerns ownership, occupation, and use of land.

  • Primarily based on statute, with emphasis on Law of Property Act 1925.

  • Key focus areas: rights involving ownership, occupation, and use of land.

Rule One: Historical Context

  • Originating from William the Conqueror (1066).

  • ALL LAND in England and Wales belongs to the King.

  • Kings claimed land following military victories.

Tenure and Ownership

  • The King granted nobles rights to hold land in exchange for services (TENURE).

  • Multiple layers of ownership: King, noble, tenant farmer.

  • Modern ownership retains similar rights established in 1066.

Escheat

  • If land owner dies without an heir, property reverts to the King (Escheat).

Legal vs Equitable Rights

  • Legal rights: enforceable against everyone.

  • Equitable rights: enforceable against specific individuals or those with notice.

  • Example: John’s legal right of way across land is enforceable against all owners.

Strength of Rights

  • Legal rights are stronger than equitable rights.

  • Legal rights enforced by common law; equitable rights enforced by equity (discretionary remedies).

Determining Legal vs Equitable Rights

  • Legal rights must be specified in statute and created by DEED.

  • Equitable rights can exist where not specified in legal statutes or are not created by deed.

Types of Legal Estates

  • Three types of legal estates:

    • Freehold (fee simple absolute in possession).

    • Leasehold (term of years).

    • Commonhold (less commonly used).

Freehold and Leasehold Explained

  • Freehold lasts indefinitely, while leasehold has a fixed duration.

  • Legal ownership remains with prior owner even after sale.

Commonhold

  • Created under the Commonhold and Leasehold Reform Act 2002.

  • Manages rights and responsibilities of unit holders in communal properties.

Legal Interests over Land

  • Certain rights over land can be legal interests, binding all owners.

  • Types include easements, profit à prendre, rentcharges, legal mortgages, and rights of entry.

Summary

  • Land ownership structure: All land belongs to the King.

  • Legal ownership consists of Freehold, Leasehold, and Commonhold.

  • Third-party interests may be legal or equitable, depending on creation and registration.

Statutes and Cases

  • Important legislation:

    • Commonhold and Leasehold Reform Act 2002.

    • Land Registration Act 2002.

    • Law of Property Act 1925 (sections 1, 52, 205).

    • Law of Property (Miscellaneous Provisions) Act 1989 (s1).

  • Relevant case law includes Lace v Chantler (1944) and Walsh v Lonsdale (1882).