Książki

Acknowledgments



Preface



Table of cases



Table of statutes and statutory material



Table of EC legislation



PART 1: LET'S START AT THE VERY BEGINNING: LAYING THE FOUNDATION



1. THE WHO, HOW, WHY AND WHAT OF LAND LAW- An introduction to this book and to the subject



Why yet another land law book?



A. About this book



Who cares? The many and varied people who can be affected by the ownership of and dealings with interests in land.



What are they? Estates and interests in land



How can they exist? Classification of interests



How can you hold them? The various ways in which the legal estates can be held



Who does what? The respective roles of trustees and beneficial owners and of landlords and tenants



How can you acquire them? The rules, principles and formalities governing the acquisition of interests in land



When and for how long? The points in time at which a holder acquires and loses his interest in land



How can you protect them? Methods of protection afforded to all interests in land after 1925



Human Rights



Reform -Proposals regarding certain aspects of land law



How to apply it all



B. What is Land Law?



C. What types of property are there?



D. What is land?



To the heavens above



To the depths of the earth



Whatever is attached to the ground



Fixtures and fittings



All land belongs to the Crown



E. Licences



What's the problem? Licences in context



Who cares? Those who will be affected



What are they? Nature and characteristics of licences



Summary



Further reading



2. HOW CAN YOU ACQUIRE THEM? The rules, principles and formalities governing the acquisition of interests in land



I. Formal acquisition



What's the problem? Formalities in context



Who cares? Those who will be affected



What is it? The rules, principles and formalities governing the acquisition of interests in land



Deeds



E-conveyancing



Contracts



Equitable interests



II. Informal acquisition



A. Adverse possession



What's the problem? Adverse possession in context



Who cares? Those who will be affected



What is it? The nature and characteristics of adverse possession



Adverse possession of unregistered land



Adverse possession of registered land



Remedies



B. Proprietary estoppel



What's the problem? Proprietary estoppel in context



Who cares? Those who will be affected



What is it? The nature and characteristics of proprietary estoppel



How to satisfy the equity



Quantification



Categories of estoppel



How to protect them: ensuring the interest is binding on third parties



Summary



Further reading



3. HOW CAN YOU PROTECT THEM? Methods of protection afforded to all interests in land



What's the problem? The need to protect interests in context



Who cares? Those who will be affected



A. Before 1926



Legal interests



Equitable interests



The doctrine of notice



B. After 1925: Unregistered land



Overreaching



Registrable interests



Residual interests



The effect of registration and non-registration



C. After 1925: Registered land



The system of registration by title



Rectification



Indemnity



The interests



The doctrine of notice and registered land



The effect of registration



Reform



Summary



Further reading



4. HOW CAN YOU LOSE THEM? Matters which may subsequently defeat an estate or interest



A. Compulsory purchase



B. The rule against perpetuities



Statutory modifications to the rule



Non-application of the rule



Reform



Summary



Further reading



PART II: THE LEGAL ESTATES: A time in land



5. INTRODUCTION TO LEGAL ESTATES



How can you hold them? Holding title



How can they exist? Classification: Legal or equitable?



Who does what? The roles of the parties



Summary



6. THE FEE SIMPLE ABSOLUTE IN POSSESSION



The fee simple prior to 1926



The fee simple absolute



A conditional fee simple



A determinable fee simple



A fee tail



The life interest



The fee simple after 1925



Summary



7. TRUSTS OF LAND



What's the problem? Trusts of land in context



Who cares? Those who will be affected



What are they? The nature and characteristics of trusts of land



Who does what? The roles of the trustees and the beneficiaries



How can you acquire them? Rules, principles and formalities of acquisition



Quantification



Statutory rights



When and for how long? Duration of interests behind trusts for land



The legal estate



The equitable interests



Consequences of severance



Bankrupcy



How can you protect them? Ensuring the interests are binding on third parties



Reform



Summary



Further reading



8. TERMS OF YEARS ABSOLUTE



What's the problem? Leases in context



Who cares? Those who will be affected



What are they? Nature and characteristics of leases



Types of lease



Essential characertistics of a lease



How can they exist? Classification: Legal or equitable?



Who does what? Roles of the parties



The landlord



The tenant



How can you acquire them? Rules, principles and formalities



When and for how long? Duration of leases and their covenants



The running of covenants



Enforcement



The tenant's right to buy



How to protect them: Ensuring rights under leases against third parties



Reform



Summary



Further reading



9. COMMONHOLD



What's the problem? Commonhold in context



Who cares? Those who will be affected



What is it? The nature and characteristics of commonhold



How can they exist? Classification: legal or equitable



How can you acquire them? Rules, principles and formalities



When and for how long? Duration of commonholds



How can you protect them? Ensuring rights under commonholds against third parties



Summary



Further reading



PART III: INTERESTS IN LAND: The buyer beware



10. INTRODUCTION TO INTERESTS IN LAND



Summary



11. MORTGAGES



What's the problem? Mortgages in context



Who cares? Those who will be affected



What are they? Nature and characteristics of a mortgage



Looking after the mortgagor - rights of mortgagees



Looking after the mortgagee - remedies for the mortgagee



Undue influence



How can they exist? Classification: legal or equitable?



How can you acquire them? Rules, principles and formalities



When and for how long? Duration of mortgages



How can you protect them?



Summary



Further reading



12. EASEMENTS



What's the problem? Easements in context



Who cares? Those who will be affected



What are they? Nature and characteristics of easements



A dominant and a servient tenement



Capable of grant



How can they exist? Classification: Legal or equitable



How can you acquire them? Rules, principles and formalities



When and for how long? Duration of easements



How can you protect them? Ensuring rights against third parties



Reform



Summary



Further reading



13. PROFITS A PRENDRE



What's the problem? Profits a pendre in context



Who cares? Those who will be affected



What are they? Nature and characteristics of profits a pendre



How can they exist? Classification: legal or equitable



How can you acquire them? Rules, principles and formalities



When and for how long? Duration of profits a pendre



How can you protect them? Ensuring rights against third parties



Summary



14. RESTRICTIVE COVENANTS



What's the problem? Restrictive covenants in context



Who cares? Those who will be affected



What are they? Nature and characteristics of restrictive covenants



How can they exist? Classification: legal or equitable



How can you acquire them? Rules, principles and formalities



Running the benefit



Running the burden



When and for how long? Duration of restrictive covenants



How can you protect them? Ensuring rights against third parties



Reform



Summary



Further reading