| Acknowledgements |
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xvii | |
| Table of Cases |
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xix | |
| Table of Statutes |
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xxix | |
| Table of Statutory Instruments |
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xxxv | |
| Part 1 Introduction: Estates And Interests In Land |
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1 Introduction to the Types of Property Rights in Land |
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3 | (22) |
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1.1 Real Property and Personal Property |
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7 | (1) |
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1.2 Property Rights Which Give Immediate Use and Enjoyment of Land |
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8 | (2) |
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1.3 Property Rights against Land Owned by Other People |
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10 | (9) |
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1.4 Proof of Title to Land |
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19 | (6) |
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25 | (14) |
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25 | (1) |
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26 | (1) |
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2.3 Commonhold-a New Tenure for the Twenty-First Century |
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26 | (3) |
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29 | (1) |
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29 | (4) |
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33 | (1) |
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33 | (1) |
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2.8 Estates in Possession, Reversion, and Remainder |
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34 | (1) |
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2.9 Interests under Trusts |
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35 | (4) |
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3 Creation of Legal and Equitable Rights in Land |
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39 | (32) |
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3.1 Legal and Equitable Property Rights |
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39 | (1) |
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3.2 Legal Estates and Interests and the 1925 Legislation |
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40 | (2) |
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3.3 Legal Estates Existing after 1925 |
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42 | (2) |
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3.4 Legal Interests Existing after 1925 |
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44 | (2) |
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3.5 Equitable Interests after 1925 |
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46 | (1) |
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3.6 Creation and Transfer of Legal Property Rights |
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47 | (2) |
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3.7 Creation of Equitable Interests in Land |
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49 | (1) |
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3.8 Creation of Equitable Interests in Land by Express Trust |
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50 | (1) |
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3.9 Creation of Equitable Interests by a Contract to Convey or Create a Legal Estate or Interest |
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51 | (11) |
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3.10 An Informal Grant of Rights in Land May Be Treated as a Contract and so Creates an Equitable Interest in Land |
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62 | (1) |
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3.11 Limits on the Principle That a Contract Creates an Equitable Interest |
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62 | (2) |
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3.12 Grant of an Estate or Interest by a Person Who Owns Only an Equitable Interest |
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64 | (1) |
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3.13 Grants of Interests Which Can Exist Only in Equity |
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64 | (7) |
| Part 2 Unregistered Land |
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4 Protection of Legal and Equitable Property Rights in Unregistered Land |
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71 | (32) |
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4.1 Legal and Equitable Property Rights: Case Study-High Chimneys |
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72 | (1) |
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4.2 Proof of Ownership-Title Deeds |
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72 | (1) |
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4.3 The Legal Property Rights of Olabode |
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73 | (1) |
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4.4 The Equitable Property Rights of Gianluca |
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74 | (1) |
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4.5 The Elements of the Doctrine of Notice |
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75 | (8) |
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4.6 Position of Successors in Title to a Purchaser without Notice |
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83 | (1) |
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4.7 Registration of Land Charges |
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84 | (10) |
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4.8 Overreachable Equitable Interests |
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94 | (1) |
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4.9 Equitable Interests Still Subject to the Doctrine of Notice |
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95 | (8) |
| Part 3 Registered Land |
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5 Registration of Title-the Basic Principles |
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103 | (26) |
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5.1 Registration of Title |
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104 | (1) |
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5.2 The Form of the Register |
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105 | (5) |
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5.3 Categories of Rights in Registered Land |
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110 | (1) |
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5.4 First Registration of Title |
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111 | (2) |
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5.5 Register of Estates, Not Register of Plots |
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113 | (1) |
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5.6 Procedure Where a Sale or Lease Gives Rise to First Registration |
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114 | (2) |
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116 | (4) |
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5.8 Conclusiveness of the Register-and Does That Extend to Beneficial Ownership? |
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120 | (1) |
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5.9 Dispositions of Registered Titles |
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120 | (4) |
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5.10 Procedure on Transfer of a Registered Title |
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124 | (5) |
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6 Interests Protected by Registration and Overriding Interests |
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129 | (42) |
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6.1 Interests in Land Protected by Registration |
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129 | (1) |
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6.2 Protection of Interests in Land |
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130 | (4) |
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6.3 Priorities of Interests in Registered Land |
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134 | (4) |
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6.4 Searches of the Register |
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138 | (1) |
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6.5 Overriding Interests (or Unregistered Interests Which Override Registered Dispositions) |
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138 | (33) |
| Part 4 Acquisition Of Interests In Land (I) |
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171 | (40) |
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7.1 The Three Types of Trust under the Old Law |
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172 | (1) |
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7.2 Criticism of the Old Law Governing Bare Trusts of Land |
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173 | (1) |
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7.3 Criticisms of Strict Settlements and the Settled Land Act 1925 |
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173 | (2) |
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7.4 Criticisms of the Trust for Sale |
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175 | (4) |
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7.5 The Definition of a Trust of Land |
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179 | (5) |
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7.6 The Need for Two Trustees for a Trust of Land |
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184 | (1) |
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7.7 Appointment, Retirement, and Removal of Trustees |
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185 | (3) |
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7.8 Method of Appointment of Trustees |
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188 | (1) |
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7.9 Unanimity of Trustees |
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189 | (1) |
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7.10 The Powers of Disposition of Trustees of Land |
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190 | (1) |
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7.11 The Trustees' Duties on Exercising Their Powers |
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191 | (6) |
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7.12 Exclusion and Restriction on Trustees of Land Powers of Disposition |
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197 | (5) |
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7.13 Delegation of Trustees' Powers to Beneficiaries |
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202 | (9) |
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8 Co-Ownership of Land-the Basic Principles |
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211 | (53) |
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8.1 The Two Forms of Co-Ownership Existing Today |
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212 | (1) |
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212 | (3) |
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215 | (4) |
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8.4 The Reform of Co-Ownership in 1925-the Main Objective |
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219 | (3) |
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8.5 Joint Tenancies in the Early Twentieth Century |
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222 | (3) |
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8.6 The Current Conveyancing Practice to Create an Express Trust |
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225 | (3) |
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8.7 No Express Declaration of a Trust-Joint Tenants or Tenants in Common? |
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228 | (1) |
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8.8 Resulting and Constructive Trusts-Introduction |
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229 | (6) |
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235 | (6) |
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8.10 Joint Legal Owners of the Property |
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241 | (7) |
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8.11 Severance of Joint Tenancies-Introduction |
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248 | (1) |
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8.12 Severance of a Legal Joint Tenancy Is Impossible |
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248 | (1) |
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8.13 Methods of Severance |
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249 | (15) |
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9 Co-Ownership-the Resolution of Disputes |
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264 | (39) |
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9.1 The Effect of Imposing a Trust upon Co-Owners |
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264 | (1) |
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9.2 Tenancy in Common Arising Because There Is an Implied Trust |
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265 | (9) |
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9.3 Sections 13-15 TOLATA 1996-Disputes between Owners |
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274 | (16) |
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9.4 Bankruptcy of a Co-Owner |
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290 | (3) |
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9.5 The Modern Position of Co-Owners on a Marriage Break-Up |
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293 | (2) |
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9.6 Rights of Co-Owners in Equity-Are They Interests in Land? |
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295 | (1) |
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9.7 Law of Property (Joint Tenants) Act 1964 |
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295 | (1) |
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9.8 Co-Ownership of Registered Land |
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296 | (7) |
| Part 5 Acquisition Of Interests In Land (II) |
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10 Licences and Proprietary Estoppel |
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303 | (46) |
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303 | (1) |
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304 | (1) |
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10.3 Licences Coupled with an Interest |
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304 | (1) |
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10.4 Contractual Licences |
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305 | (8) |
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313 | (1) |
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10.6 Proprietary Estoppel |
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314 | (20) |
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10.7 Satisfying the Equity |
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334 | (6) |
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10.8 Status of 'an Equity' before It Has Been Satisfied |
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340 | (9) |
| Part 6 Leases |
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11 Leases-the Basic Requirements |
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349 | (35) |
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11.1 Characteristics of a Lease |
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350 | (1) |
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11.2 Duration of Leases-a 'Term Certain' |
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350 | (8) |
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11.3 Some Concepts Related to the Law of Leases |
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358 | (1) |
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11.4 Exclusive Possession-the Distinction between Leases and Licences |
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359 | (17) |
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11.5 Formalities for Leases |
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376 | (8) |
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384 | (42) |
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12.1 Implied Landlords' Covenants |
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384 | (16) |
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12.2 Remedies for Breach of the Landlord's Covenants to Repair |
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400 | (5) |
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12.3 Tenant's Covenants-Express and Implied |
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405 | (5) |
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12.4 Covenants against Assigning, Subletting, and Parting with Possession |
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410 | (10) |
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12.5 Remedies against a Tenant in Breach of Repairing Obligations |
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420 | (6) |
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13 The Running of Covenants in a Lease |
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426 | (21) |
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13.1 Case Study-Kirby House |
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427 | (1) |
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13.2 Pre-1996 Leases-Liability of Original Parties after Assignment |
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428 | (9) |
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13.3 The Landlord and Tenant (Covenants) Act 1995 |
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437 | (6) |
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13.4 The Position of Equitable Leases |
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443 | (1) |
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13.5 The Position of Subtenants and Head Landlords |
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443 | (4) |
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447 | (30) |
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14.1 Ways in Which Leases May Terminate |
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447 | (3) |
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14.2 Forfeiture of Leases |
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450 | (3) |
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14.3 Waiver of Forfeiture |
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453 | (3) |
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14.4 Relief from Forfeiture |
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456 | (13) |
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14.5 Leasehold Property (Repairs) Act 1938 |
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469 | (8) |
| Part 7 Informal Acquisition Of Legal Estates |
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15 Adverse Possession and the Limitation Acts |
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477 | (42) |
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15.1 The Rationale of Adverse Possession |
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478 | (2) |
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15.2 Possession Gives a Right to Sue Trespassers |
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480 | (1) |
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15.3 The Limitation Act 1980 |
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481 | (1) |
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15.4 Commencement of Adverse Possession |
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482 | (3) |
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485 | (8) |
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15.6 Acquisition of Title by Adverse Possession |
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493 | (2) |
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15.7 The Effect of Adverse Possession |
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495 | (15) |
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15.8 The Offence of Squatting in a Residential Building |
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510 | (9) |
| Part 8 Protection For The Purchaser Of Registered Land |
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16 Rectification of the Register of Title |
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519 | (24) |
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16.1 Rectification of the Register (Other Than Adverse Possession) |
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519 | (2) |
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16.2 The Situations Where Rectification of the Register May Be Appropriate |
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521 | (12) |
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16.3 The Effect of Rectification on Priorities |
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533 | (2) |
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535 | (8) |
| Part 9 Easements |
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17 The Essential Characteristics of Easements |
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543 | (26) |
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17.1 Preliminary Considerations |
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543 | (1) |
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17.2 Characteristics of an Easement-Re Ellenborough Park |
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544 | (1) |
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17.3 There Must Be a Dominant and a Servient Tenement |
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545 | (2) |
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17.4 The Easement Must Accommodate the Dominant Tenement |
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547 | (4) |
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17.5 The Easement Must Be Owned or Occupied by Different People |
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551 | (1) |
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17.6 'An Easement Must Be Capable of Forming the Subject Matter of a Grant' |
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552 | (13) |
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17.7 Access to Neighbouring Land Act 1992 |
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565 | (4) |
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18 The Creation of Express and Implied Grant of Easements |
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569 | (25) |
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18.1 The Creation of Easements (and Profits)-Legal or Equitable? |
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569 | (1) |
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18.2 Express Grant of Easements (and Profits) |
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570 | (1) |
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18.3 Express Reservation of Easements (and Profits) |
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571 | (2) |
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18.4 Implied Grant of Easements (and Profits) |
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573 | (12) |
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18.5 Implied Reservation of Easements |
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585 | (1) |
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18.6 Exclusion of the Rules Providing for Implied Grant and Reservation |
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586 | (1) |
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18.7 Compulsory Purchase and the Rules for Implied Grant |
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587 | (1) |
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18.8 Simultaneous Sales or Bequests |
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587 | (1) |
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18.9 Enforcement of Easements upon a Transfer of an Estate in Land |
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587 | (7) |
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19 Prescription for Easements (and Profits) |
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594 | (31) |
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19.1 Rules Common to All Three Forms of Prescription |
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595 | (8) |
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19.2 Prescription at Common Law |
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603 | (1) |
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19.3 Prescription by Lost Modern Grant |
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603 | (3) |
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19.4 Prescription under the Prescription Act 1832 |
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606 | (9) |
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19.5 Prescriptive Easements and Profits as Legal Interests |
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615 | (1) |
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19.6 Extinguishment of Easements |
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616 | (9) |
| Part 10 Freehold Covenants: Restrictive And Positive Covenants |
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625 | (47) |
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20.1 Case Study-Marchland Close |
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626 | (1) |
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20.2 Restrictive and Positive Covenants Distinguished |
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627 | (1) |
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20.3 Does the Burden or Benefit Run with the Land? |
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627 | (1) |
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20.4 Common Law-Does the Burden of a Covenant Run with the Land? |
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628 | (1) |
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20.5 Equity-Does the Burden of a Restrictive Covenant Run with the Land? |
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629 | (6) |
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20.6 Does a Covenant Bind the Original Parties? |
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635 | (3) |
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20.7 Does the Benefit of a Covenant Run with the Land? |
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638 | (1) |
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20.8 Common Law-Does the Benefit of a Covenant Run with the Land? |
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639 | (2) |
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20.9 Equity-Does the Benefit of a Covenant Run with the Land? |
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641 | (17) |
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20.10 Possible Ways of Making Positive Covenants Run |
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658 | (3) |
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20.11 Remedies to Enforce a Breach of a Covenant |
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661 | (5) |
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20.12 The Chaotic State of the Law on the Running of Benefits of Covenants |
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666 | (6) |
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21 Escaping from Restrictive Covenants |
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672 | (19) |
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672 | (1) |
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21.2 'Doing a Parkside Homes' |
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673 | (1) |
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21.3 Attempt to Buy Out the Dominant Owners |
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673 | (1) |
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21.4 Is the Freehold Subject to a Restrictive Covenant? What is the Scope of the Restrictive Covenant? Who Can Enforce It? |
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674 | (1) |
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21.5 Modification or Discharge of a Covenant under s84(1) |
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675 | (9) |
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21.6 Balancing Interests of the Parties-'Thin End of the Wedge' |
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684 | (7) |
| Part 11 Mortgages |
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22 The Creation of Mortgages |
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691 | (15) |
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691 | (1) |
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22.2 Form of a Legal Mortgage of a Fee Simple before 1926 |
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692 | (2) |
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22.3 Legal Mortgages after 1925-Unregistered Land |
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694 | (2) |
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22.4 Legal Mortgages of Registered Land |
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696 | (1) |
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22.5 Modern Types of Mortgages |
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697 | (1) |
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698 | (1) |
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22.7 Equitable Mortgages of Legal Estates |
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699 | (7) |
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23 The Remedies of Mortgagees |
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706 | (36) |
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23.1 Remedies of Legal Mortgagees-an Overview |
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706 | (1) |
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23.2 Action on a Mortgagor's Covenant to Repay |
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707 | (1) |
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23.3 Mortgagees Taking Possession |
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707 | (14) |
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23.4 The Mortgagee's Statutory Power of Sale |
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721 | (11) |
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23.5 Power to Appoint a Receiver |
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732 | (4) |
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736 | (2) |
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23.7 Remedies of an Equitable Mortgagee or Chargee |
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738 | (4) |
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24 The Operation of Mortgages |
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742 | (31) |
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24.1 Rights of the Mortgagor |
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742 | (12) |
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24.2 Leasing of the Mortgaged Property |
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754 | (2) |
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24.3 Vitiating Factor-Undue Influence |
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756 | (11) |
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24.4 Redemption of Mortgages |
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767 | (2) |
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24.5 Fire Insurance of the Mortgaged Property |
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769 | (4) |
| Index |
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773 | |
