Undergraduate Level Land Law Revision Notes (FULL)

Here is a set of "digestable" land law exam revision notes that were prepared by an undergraduate student at a leading UK university.

LAND, ACCESS AND EXCLUSION

CONCEPT OF LAND

PROPERTY

REAL PROPERTY-real action (res in Latin)

CHATTELS-damages only.

Distinction-inheritance purposes

ITEMS+LAND

DISTINCTION-where item is found lawfully and where the item is found by a trespasser.

Plaintiff found a bracelet on the floor in an airport. He handed it to the airport staff. He later discovered that the defendants had sold the bracelet for £850,- and he claimed to be entitled to his money.

Held, (1) true owner has best claim to property. Contest not between who owns the property, but who has a better right to it.

Parker=better right to bracelet, unless BA exercised such manifest control over the land as to indicate an intention to control the land and anything which may be found upon it.

ITEMS+LAND

Waverley Borough Council v. Fletcher

Defendant used a metal detector in the park, discovered a medieval bronze brooch some nine inches below the surface of the land, which he recovered by digging it up. The council then claimed to be entitled to the brooch and the action was resisted by the defendant. Court of appeal found in favour of the council.Lost because (1) the brooch was attached to land (2) claiman=trespasser

AIRSPACE

The old latin maxim “he who owns land does so up to the sky and down to the centre of the earth

“sweeping, unscientific and unpractical a doctrine that is unlikely to appeal to common law mind” (Lord Wilberforce)

AIRCRAFT

Bernstein v. Skyviews Ltd

The defendant flew a light aeroplane over claimant’s country house to photograph it and sell this photograph to him. The plaintiff sued for trespass and breach of privacy. He lost

Important to: “balance the rights of an owner to enjoy the use of his land against the rights of the general public to take advantage of all that science now offers in the way of air space”.

ITEMS ATTACHED TO LAND

English land law maxim “quicquid planatur solo, solo cedit” – whatever is attached to the soil becomes part of it.

Distinction between fixtures and fittings must be made.

Fixtures- is something, which due to its attachment becomes part of land.

Fittings- chattels which are physically in the property and, in some cases, attached to it, but are not considered to be part of it.

ITEMS ATTACHED TO LAND

Elitestone ltd v. Morris

The plaintiff owned land on which were constructed wooden bungalows. The bungalows rested upon concrete pillars which were attached to the land and to remove them from the land would have required their demolition. The issue arose as to whether the defendant’s bungalow was a building or a chattel. The building was held to be part of the land.

FIXTURES v. FITTINGS

(1) Degree of annexation

(2) Purpose of annexation (enhancement of building structure or enjoyment of the house)

REMOVAL OF FIXTURES- fixture-tenant-removal? No-landlords!

Protected by designating certain items as tenant’s fixtures.

Trade, ornamental and agricultural fixtures.

Incorporeal hereditaments-rights over another person’s land. E.g. easements.

TENURES AND ESTATES

TIME

TENURE+HISTORY

After 1066 a feudal structure was imposed upon the country. The land belonged to the crown. The king then proceeded to grant tracts of land to his principle supporters, who held the land from the crown. In return for this grant, they provided various services.

Today a person who owns a house is, in fact a tenant in chief, holding from the crown.

History

ESTATES

One does not own the land, but an interest in it.

An estate is an abstract entity which defines the rights that the owner of an estate has in relation to the land in question.

Doctrine of estates-time in the land.

LAW AND ESTATES

2 estates exist.

(1) (a) An estate in fee simple absolute in possession (freehold);

(b) A term of years absolute (leasehold)

LAW OF PROPERTY ACT 1925`

Fee-can be inherited; simple-can be inherited by anyone; absolute-not subject to restrictions; in possession-currently entitled to possession.

LAW AND ESTATES

Estates that can only exist in equity:

Life estate

Fee tail

Determinable fee

Estates in remainder or reversion rather than possession

LAW AND ESTATES

(b) A term of years absolute

Duration of the lease is certain

Starting point and maximum duration must be certain.

Unless it is possible to ascertain maximum duration at the start of the lease, it will be void.

INFO ON ESTATES (BOOK)

Freehold estate-duration is uncertain

2 freehold estates: fee simple and life estate (+fee tail, added later)-but these estates can only exist in equity.

FEE SIMPLE-inheritable+unrestricted

QUALIFIED FEES SIMPLE-conditions must be met.

LIFE ESTATE-continues for as long as the life tenant is alive. If A (life tenant) -> to B then B acquires an estate PUR AUTRE VIE: an estate for the life of A.

FEE TAIL-the range of those who can inherit the estate is cut down.

BOOK-Co-existence of estates

Largest estate=fee simple (from this that smaller estates are carved).

S (life interest) -> x (fee simple in reversion)

W (life interest) -> S (fee simple in remainder)

W (life interest) -> S (fee tail in remainder) -> X (Fee simple in reversion)

ESTATES+BOOK

Leasehold estate

LAW AND EQUITY

EQUITY

Acts in personam nature of remedy directed specifically at an individual: equity acting on a person.

‘Parallel Universe’

Equity has not come to destroy the law, but to fulfill it. (complements law)

Can be applied in the same court of law: ‘where law and equity conflict, equity prevails’.

‘What ought to be done should be regarded as already having been done’

EQUITY

WALSH v. LONSDALE

The defendant, the landlord, agreed in writing to grant the plaintiff, the tenant, a seven-year lease. It was a term of the lease that the landlord could demand one year’s rent in advance. A deed was not executed so at law, there was not a seven-year lease. Tenant took possession and paid rent quarterly in arrears. Landlord demanded a year’s rent in advance and the tenant` refused. The landlord exercised the remedy of distraint. Tenant sued for trespass.

EQUITY

WALSH v. LONSDALE

At law, because there was no deed, the could not be a seven-year lease. Because the tenant had gone into possession and paid rent, the law implied that there was an implied periodic tenancy from year to year, which could be terminated by giving six months’ notice to quit.

Equity considered that there was a seven-year lease. Equity prevailed. Landlord’s action=lawful.

EQUITY+REMEDIES

INJUNCTION-refrain from doing something

SPECIFIC PERFOMANCE-order to do something

MANDATORY INJUNCTION-undo a wrong by doing something.

EQUITY+TRUST

‘the use’

Legal owner holds land for the benefit of someone else. TRUSTEE/BENEFICIARY

FORMALITY-Law of Property Act 1925 53(1) trust must be proved by writing

RESULTING TRUST- legal title put into the name of 1 person but where it is not intended to make an out and out gift to that person.

CONSTRUCTIVE TRUSTS-imposed by equity as a response to inequitable conduct on the part of the holder of the legal title to the property.

CREATION OF EQUITABLE RIGHTS

LACK OF FORMALITY- to create a legal interest in land, a deed must be used. An attempt to create a legal interest which fails due to the lack of a deed, is by a fiction, regarded as a contract to create that interest

LEGAL AND EQUITABLE INTERESTS

LEGAL RIGHTS- ‘Bind the World’

EQUITABLE INTEREST- Binding upon the whole world, except a bona fide purchaser of a legal estate for value without notice of the equitable interest.

EQUITY+INTERESTS

BONA FIDE-purchaser must be without notice of the relevant equitable interest.

PURCHASER FOR VALUE-Acquires property through the act of the parties and not by operation of the law.

LEGAL ESTATE-only 2 exist at law

WITHOUT NOTICE- actual notice, constructive notice, and imputed notice.

WITHOUT NOTICE-

ACTUAL NOTICE-knowledgeable if the information had come from a reputable source.

CONSTRUCTIVE NOTICE-consider what the purchaser should have discovered by making reasonable enquiries. 1. Investigation of title and 2.physical inspection of the property.

WITHOUT NOTICE+CONSTRUCTIVE

INVESTIGATION OF TITLE-vendor must, by documentary evidence, give a convincing account of how the land come to be vested in him.

Deducing the title begins with the vendor showing how he came by the property. This starts with the conveyance of the land to him. A purchaser may then wish to be satisfied that the person who conveyed the land to the vendor was, himself, entitled to the land. Examination of deeds.

WITHOUT NOTICE+CONSTRUCTIVE

INVESTIGATION OF LAND-rule in HUNT V> LUCK (person is fixed with constructive notice of the rights of the persons in actual possession of the land).

SHARED OCCUPPATION-

CAUNCE V. CAUNCE

Matrimonial home in name of Mr Caunce, Mrs Caunce is an equitable owner. Mr Caunce mortgaged the house to the bank without telling Mrs. Caunce. The bank, when granting the mortgage, made no enquiries of her. When Mr. Caunce defaulted on the mortgage and the bank sought possession, the issue was whether or not the bank was bound by Mrs. Caunce’s equitable interest, which depended on whether it had constructive notice of her interest in the property.

Held, unreasonable to make enquiries beyond the legal owner.

WITHOUT NOTICE+CONSTRUCTIVE

RETREAT FROM COUNCE

Full extent of the purchaser’s task considered in:

KINGSNORTH TRUST LTD V. TIZARD

House was in the sole name of Mr. Tizard, his wife was an equitable co-owner of it. They had separated and she lived with her sister and only stayed in the house when he was not there. Mr. Tizard applied for a loan to be secured by a mortgage against the house. On his application form, he stated that he was single. A surveyor inspected the house and interviewed Mr. Tizard. Surveyor noted that Mr. Tizard was single. After mortgage was granted and Mr. Tizard had defaulted on the repayments, it was held that the mortgagee was bound by Mrs. Tizard’s equitable interest on the basis that it had constructive notice of it.

Decision in Caunce could no longer stand. It was accepted that reasonable enquiries now embraced making enquiries of all occupants of the house, whether or not the vendor was himself in occupation of it.

DOCTRINE OF NOTICE

Concerned with determining whether or not a purchaser of a legal estate is bound by a prior equitable interest

EQUITY+BONA FIDE

IMPUTED NOTICE-notice of an equitable interest came from solicitor or an agent.

LEASEHOLD ESTATES

The Rent Acts: 1. control rent paid by tenant 2. Harder to regain possession

Only tenants were protected and not licensees.

LEASEHOLD ESTATES

LAW OF PROPERTY ACT 1925

1 (b) term of years absolute (leasehold)

LEASEHOLD ESTATES

ESSENTIALS OF A LEASE:

CERTAINTY

EXCLUSIVE POSSESSION

LEASEHOLD ESTATES

CERTAINTY

Term must be certain

PRUDENTIAL ASSURANCE CO. LTD v. LONDON RESIDUARY BODY

Lease until the land is required for road widening. Council wanted the land back. The council terminated the tenancy by the service of a notice to quit and the plaintiff sought a declaration that the lease could only be ended by road widening. Lease void for uncertainty.

LEASEHOLD ESTATES

EXCLUSIVE POSSESSION

Right to exclude anyone, including the landlord, from property.

LEASEHOLD ESTATES

EXCLUSIVE POSSESSION/SINGLE OCCUPANCY

Not the label but substance

STREET v. MOUNTFORD

Downplayed the stated intentions of the parties. Mrs. Mountford signed an agreement, termed a licence agreement, whereby she was given the right to occupy 2 rooms for a weekly licence fee. Terms and conditions: ‘licence is not expected to give me a tenancy’. Mrs. Mountfod held to be a tenant. Agreement gave Mrs. Mountford exclusive possession of the rooms.

LEASEHOLD ESTATES

EXCLUSIVE POSSESSION/SINGLE OCCUPANCY

Leases and licences

The occupier is a licensee if the landlord provides attendance or services which require the landlord or his servants to exercise unrestricted access to and use the premises.

Another method of creating a licence-right to introduce new occupiers into the property or to be able to move occupier into alternative accommodation.

LEASEHOLD ESTATES

EXCLUSIVE POSSESSION/MULTIPLE OCCUPANCY

Relationship of the occupiers with each other which can determine whether they are tenants or licensees.

LEASEHOLD ESTATES

EXCLUSIVE POSSESSION/MULTIPLE OCCUPANCY

A.G. SECURITIES LTD v. VAUGHAN

ANTONIADES v. VILLIERS

LEASEHOLD ESTATES

EXCLUSIVE POSSESSION/MULTIPLE OCCUPANCY

A.G. SECURITIES LTD v. VAUGHAN

Furnished 4 bedroom flat. Individual agreements were entered into with each occupier. Rent and period of occupation were different. When one occupant left, he was replaced by another who entered into a new, and separate. Agreement with the freeholder.

No PITT (interest, time, title)

Held, occupiers were licensees (documents reflected the reality of the situation.

LEASEHOLD ESTATES

EXCLUSIVE POSSESSION/MULTIPLE OCCUPANCY

ANTONIADES v. VILLIERS

Each licence agreement gave licensor the right to introduce a third occupier into the flat. Held, joint tenants (the documents did not reflect the reality of the situation). Two agreements were interdependent (both or nothing). The provision in the agreements to introduce a third person into the property was seen as being quite unrealistic.b

LEASEHOLD ESTATES

TYPES OF TENANCY

Fixed term tenancy-start and finish of the lease is set out in advance.

Periodic tenancies-for a period that wll recur until the lease is brought to an end by a notice to quit.

LEASEHOLD ESTATES

FORMALITIES

Lease=legal estate=legal interest=deed must be used.

EXCEPTIONS-no deed required for leases no exceeding 3 years-can be created orally-LAW OF PROPERTY ACT 1925 54(2)

RENT-best rent that can be reasonably obtained.

LEASEHOLD ESTATES

EQUITABLE LEASES

Failure to use a deed-means of a fiction-equity looks upon that which ought to be done as already having been done.

CONTRACT-informal grant of a lease is being viewed as a contract to create a lease. Contract must be in writing+signed LAW OF PROPERTY MISCELLANEOUS PROVISIONS ACT 1989. OTHERWISE NO EQUITABLE LEASE.

LEASEHOLD ESTATES

EQUITABLE LEASES

3rd Parties-equitable lease is vulnerable to a bona fide purchaser (although must distinguish b/w registered and unregistered land)

UNREGISTERED LAND-equitable lease is registrable as a land charge. Registrable as class c(iv) land charge. Void for non-registration.

REGISTERED LAND-

TRANSFER OF FREEHOLD LAND

STAGES

The pre-contract stage

Formation of contract

Final completion of transaction when the property is transferred to buyer and the purchase money is paid.

The Pre-contract stage

Enter into a “subject to contract agreement” (parties reached an agreement, no legally binding contract comes into existence until the exchange of formal written contracts takes place)

Why enter?

1.Caveat emptor (let the buyer beware, examination of property)

Existence of chains of agreement (synchronisation)

The Pre-contract stage

GAZUMPING

As a result of a delay between the agreement, subject to contract, to buy the house and the actual formation of the contract of sale, the vendor may receive a higher offer than the one which he had accepted on a “subject to contract” basis

Section 155 of the HOUSING ACT 2004 places a duty on the seller to have an information pack.

Aim of this provision-reduce pre-contract cost incurred by purchasers, so that if the deal does not go through, the potential buyer is not hit in the pocket as hard.

FORMATION OF CONTRACT

SECTION 2 LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989. (today’s law)

SECTION 40 (1) LAW OF PROPERTY ACT 1925 (NO LONGER LAW)-contracts made before 27 sept. 1989-required adequate written evidence of the contract. Oral agreement was fine.

FORMATION OF CONTRACT

SECTION 2 LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989.

Contracts made after 26 Sept. 1989

(1) writing, incorporating all terms [4 Ps, parties, proper agreed upon into 1 document.

(3) must be signed by each party to the contract.

(5) (a) not req. for leases under 3 years.

FAILED CONTRACTS

PROPRIETARY ESTOPPEL

Representation (promise)
Rely on representation to your detriment
Would be unconscionable for the representor to resile (go back on the promise)
The representor will be estopped from resiling.

FAILED CONTRACTS

YAXLEY v. GOTTS (leading case)

The claimant had orally agreed with the defendant’s father that, if the latter bought a house, then, provided that the claimant did a substantial amount of building work to convert it into flats, he would have the ground floor flats. The property was, in fact, bought by the son of the person with whom he had made this agreement, and the son, who was the defendant in these proceedings, was registered as a sole proprietor with an absolute title. The claimant, who was unaware for some time, that it was the son, aned not the father, who had bought the property, proceeded to do work to the value of about 9k pounds. When the defendant sought to evict the claimant from the ground floor flats, which he occupied, the claimant claimed an interest in the property. Held, allowed a 99 year lease.

FAILED CONTRACTS

Original agreement void because it did not comply with section 2 of the act.

“There was a clear promise made by Brownie Gotts to the plaintiff that he would have a beneficial interest in the ground floor of the premises. The promise was known to Alan Gotts when he acquired the property and he permitted the plaintiff to carry out the whole of the work needed to the property and to convert the ground floor in the belief that he had such an interest. It would be unconscionable to allow either Alan or Brownie Gotts to resile from the representations made by Brownie Gotts and adopted by Allan Gotts…a court of equity would find that Alan Gotts held the property subject to a constructive trust in favour of the plaintiff for an interest in the ground floor and that that interest should be satisfied by the grant of a 99-year lease…proprietary estoppel in favour of the plaintiff.”

CONTRACT CREATED

Neither side is free to withdraw from the agreement.

Creation of a trust- “equity looks on that which ought to be done as already haven been done”- purchase becomes the beneficiary in land and the vendor becomes the trustee.

TRANSMISSION OF LEGAL TITLE

Following the exchange of contracts, the purchaser must investigate the vendor’s title

DEED

CAROL LEE GROSSMAN V. SIMON GLASS HOOPER [2001]

The parties had lived together for 10 years. The house was in the name of Mr. Hooper but Ms Grossman had a beneficial interest in it. After their relationship broke down, Mr. Hooper agreed to transfer the house to Ms. Grossman, in consideration for her being responsible for the mortgage. An agreement was signed in front of a witness. Mr. Hooper than had second thoughts and did not transfer the property to Ms. Grossman. He claimed that the document did not contain certain terms that had been agreed, namely that (a) the respondent would pay off the debt owed to Mr. Modi, in the sum of 10 grand. The issue was whether this was a term of the agreement for the transfer of the house.

Agreement to discharge the loan to Mr. Modi was not a term of the sale by the appellant to the respondent. Appeal dismissed.

TITLE TO LAND

POSSESSION

Gives the D a right against every man who cannot show a good title.

A person who is in actual possession of land is entitled to remain in peaceful enjoyment of the property without disturbance by anyone except a person with a better title to possession. It does not matter that he has no title. A squatter can maintain an action for trespass. He cannot be evicted save at the suit of the person with a better right to possession, and even then that person must rely on the strength of his own title and not the weakness of the squatter’s.

POSSESSION

LIMITATION ACT 1980

No action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued to him.

For the time to begin to run in favour of the claimant, or the squatter, these 2 main requirements must be met:

Section 15 and schedule 1

(i) The owner of the land who is entitled in possession has been dispossessed or has discontinued his possession; and

(ii) Some other person has gone into adverse possession of the land.

POSSESSION

It is possible for a tenant to be in adverse possession of a property.

The tenant can acquire a possessory title against his landlord if he remains in possession of the property, without paying rent, after the lease has terminated. In the case of a written periodic tenancy, time starts to run from the termination of the lease, that occurring when either party has served upon the other a notice to quit.

ADVERSE POSSESSION

Dispossession or discontinuance: show that the paper owner has either been dispossessed or has discontinued his occupation of the land.

For the owner’s title to be defeated by limitation, more than a mere discontinuance of possession must be shown; the squatter must establish the necessary twelve year’s adverse possession. 1. Possession as a fact. 2. Requisite intention with regard to that possession. 3. Must show possession to be adverse.

ADVERSE POSSESSION

FACTUAL POSSESSION: The squatter must establish an appropriate degree of physical control over the property in question in order to be regarded as being in possession of it. E.g. physical enclosure of the land by fencing.

INTENTION TO POSSESS: animus possedendi. Squatter must intend to exclude everyone, including the true owner. “exclude the world at large”. Also must intend to OWN the land.

POSSESSION MUST BE ADVERSE: 1. Must not have the permission of the owner to use the land. 2. Nature of occupation by the squatter must be inconsistent with the owner’s intended future use of the land.h

ADVERSE POSSESSION

Interruption of time: Once time has begun to run, it does not matter if the first squatter is dispossessed by a second squatter. As against the owner, the 2 periods of time will be aggregated and, as against him, time will not stop running just because the squatter has, himself, been dispossessed. Where, however, the squatter gives up possession, even temporarily, and he is not replaced by another squatter, the running of time will be interrupted and the full period of time will need to be established from the date when he retakes possession.

EFFECT OF ADVERSE POSSESSION

Section 17, Limitation Act 1980

“the expiration of this period prescribed by this act for any person to bring an action to recover any land…the title of that person to the land is extinguished”.

LAND REGISTRATION ACT 2002- 1(1) Can register for title after 10 years.

ADVERSE POSSESSION

PYE v GRAHAM [2003]

Graham sought to establish a possessory title to 25 hectares of agricultural land.

The issues-whether there was a period of 12 years during which the Grahams were in possession of the disputed land to the exclusion of Pye.

Possession: factual intention and the requisite intention to possess- ‘animus possidendi’.

ADVERSE POSSESSION

FACTUAL POSSESSION: Grahams were in occupation of the land which was within their exclusive physical control. The paper owner, Pye, was physically excluded from the land by the hedges and the lack of any key to the road gate.

INTENTION TO POSSESS:

ACTS OF THE SQUATTER MUST BE INCONSISTENT WITH THE INTENTIONS OF THE PAPER OWNER: Pye wanted to develop the field and so did not want Graham grazing his animals there in fear of the planning permission being refused for the development. Having this in mind, Graham persisted grazing his animals there.

SQUATTER’S WILLINGNESS TO PAY: Grahams were willing to pay off debt owed to Pyes.

ADVERSE POSSESSION

BEAULANE PROPERTIES LTD v PALMER (2005)

BP owned land near Heathrow, to which P claimed title by adverse possession through enclosure and the grazing of animals. Although P had been in adverse possession of the land since 1986 his deliberate concealment of certain facts when enquiries were made by the previous owner’s representatives in 1991 meant that the limitation period ran from June 1991. This meant that the period of adverse possession was completed in 2003, after the coming into force of the Human Rights Act 1998.

THE PROTECTION AND ENFORCEMENT OF INTERESTS IN LAND

UNREGISTERED LAND

Legal interests- automatically bind the world.

Equitable interests:

Registrable as a land charge

Protected by the doctrine of notice (bona fide)

UNREGISTERED LAND

LAND CHARGES

Interests listed in the LCA 1972 have to be registered on the Land Charges Register.

Estate contract (Class c(iv))

Equitable easement (class D(iii))

Restrictive covenant (class d(ii))

Spouse’s or civil partner’s right of occupation in the matrimonial home (class F)

UNREGISTERED LAND

Registration constitutes actual notice of the interest.

UNREGISTERED LAND

MIDLAND BANK TRUST Co v GREEN (1981)

Father granted son an option to purchase the farm.

Father and son fell out

Father conveyed farm to mother for 500 pounds sterling.

UNREGISTERED LAND

KINGSNORTH TRUST LTD V. TIZARD

UNREGISTERED LAND

REGISTERED LAND

MIRROR

CURTIAN

INSURANCE

Legal interests- have to be registered to be legal unless they are interests that override.

Equitable interests- have to be protected on the register UNLESS they are interests that override.

Off the register

Interests that override- the ‘crack in the mirror’- automatically binding even if the purchaser did not know about them.

REGISTERED LAND

Rights of those in actual occupation:

WILLIAMS AND GLYN’S BANK v BOLAND (1981)

It was held that a wife’s beneficial interest under a trust of land could be protected by virtue of her occupation. ‘Occupation’ does not have to be in real-time.

REGISTERED LAND

CITY OF LONDON BS V FLEGG (1988)

Property in name of daughter and son-in-law, parents had equitable interests.

Decision: interests of equitable owners were overreached; no interest in land to enjoy overriding status.

REGISTERED LAND

(2) TIMING

ABBEY NATIONAL BS V CANN (1991)

Property in name of son, mother had contributed to purchase price.

Actual occupation is tested on the date of transfer.

REGISTERED LAND

HYPO-MORTGAGE SERVICES V ROBINSON (1991)

Mother holding interest on trust for children.

Children are not in occupation of family home, particularly as no enquiry could be made of them.