Land Law
Longman (Verlag)
978-1-4058-5825-0 (ISBN)
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Land Law is an accessible and stimulating consideration of the main legal and equitable principles of land law. The book is clearly structured to encourage application of legal principles throughout and combines a student friendly written style with detailed coverage of key topics. Issues are described and analysed at an appropriate level for undergraduate readers, and detailed, annotated further reading provides an invaluable reference source for additional study. The eighth edition has been fully revised and updated to take account of important new case law particularly in the areas of adverse possession and estoppel.New to this edition: Additional sub-headings aid navigation through the text Chapter summaries highlight the key issues in each chapter, aiding student understanding, while a new colour design increases accessibility Principle cases are clearly separated from the main body of the text End of chapter annotated further reading guides students looking for more in-depth discussion of a particular topic Diagrams help to explain the often complex relationships found in land law Discussion of Yeoman's Row Management Limited v Cobbe [2006] in regard to propriety estoppel and Beaulane Properties Ltd v Palmer [2006], in regard to Adverse Possession and Human Rights.
Key Features: Exploration of the law in context by frequent use of examples and scenarios Coverage of all of the core topics found on an undergraduate land law course within a manageable format A full glossary helps students to remember and understand the technical terms encountered during a study of land law Extended companion website, at www.MyLawChamber.co.uk/chappelle, including sample examination questions and answers, regular legal updates, web links to further online resources and a glossary.Following her retirement after 19 years of teaching at Liverpool John Moores University, Di Chappelle is now lecturing and tutoring there on a sessional basis
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
| Erscheint lt. Verlag | 7.9.2007 |
|---|---|
| Reihe/Serie | Foundation Studies in Law Series |
| Verlagsort | Harlow |
| Sprache | englisch |
| Maße | 245 x 190 mm |
| Gewicht | 1080 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Sachenrecht | |
| ISBN-10 | 1-4058-5825-7 / 1405858257 |
| ISBN-13 | 978-1-4058-5825-0 / 9781405858250 |
| Zustand | Neuware |
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