Land Law Articles

Land Law, often referred to as the law of real property, deals with the ownership, rights, and interests associated with land. It encompasses a range of legal principles concerning the creation, transfer, operation, and termination of these rights. Unlike contractual rights, which primarily affect the parties involved in the contract,

Land law distinguishes between two main types of rights related to land: ownership and interests. While ownership refers to the control and use of land, interests are rights or claims that individuals can assert over someone else’s land. Ownership: Estates in Land In theory, all land in England and Wales

The legislative framework governing land law in England and Wales was significantly reshaped in 1925, with Parliament enacting a series of key statutes aimed at modernising and codifying land law. These statutes, together with later legislation, form the foundation of the current land law system. The 1925 Property Statutes Five

Overriding Interests Overriding interests are unregistered rights in land that take priority over registered interests, even though they do not appear on the land register. These interests bind a purchaser of land despite the lack of registration, making them a key exception to the mirror principle of land registration. Examples

In modern land law, when determining who holds a legal estate in a particular plot of land, one should consult the Land Register rather than relying on physical title deeds. The land registration system plays a crucial role in managing land rights and ensuring transparency in land transactions. Goals of

Certain interests in land can override the land register, meaning they can bind a purchaser even if they are not explicitly listed on the Land Register. These interests are listed in Schedule 1 of the Land Registration Act 2002 (LRA 2002). The key interests that override the register include: 1.

Actual occupation (AO) is a legal concept in English land law that grants an overriding interest to individuals who are in actual occupation of the land, even if their interest is not registered. This concept plays a critical role in protecting the rights of individuals who are in physical possession

LRA 2002, Sch 3, para 2(c) aims to clarify when actual occupation (AO) can constitute an overriding interest. The key points are: 1. Overriding Interest Criteria: ◦ Obvious Occupation: If an occupier’s occupation is obvious on a reasonably careful inspection of the land, it is an overriding interest. ◦ Notice of

LRA 2002, Sch 3, para 2(b) addresses situations where an occupier’s interest may not be considered an overriding interest if they failed to disclose their interest when it was reasonable to do so. Here’s a breakdown: 1. Reasonableness of Disclosure: ◦ The occupier is expected to disclose their

Overreaching and the Two Trustee Rule: • Two Trustee Rule: For overreaching to occur, the consent of at least two trustees is generally required. If the two trustees’ consent is not obtained, overreaching does not take place. • Sole Title Holder: Even in cases with a sole legal title-holder, overreaching can still

Roger Smith • Impact of Boland: Roger Smith analyses how Williams & Glyn’s Bank v Boland (1981) significantly altered the approach to land registration. Before Boland, land registration was primarily a technical matter, but Boland introduced a more substantive approach, making land registration a distinct area of property law separate from

Overview • Nature: Proprietary estoppel is an equitable doctrine used to informally acquire rights in land. It does not require formal registration or compliance with statutory formalities. Unlike traditional legal rights, proprietary estoppel operates as a positive right—giving claimants a substantive right in property based on their reliance on assurances

Concept Overview: Proprietary estoppel arises when a promise or assurance made by one party is relied upon by another, leading to detriment, and it would be inequitable for the promisor to retract the promise. This equitable doctrine does not require formalities but provides a remedy where reliance and detriment are

Reliance Requirement: • To establish proprietary estoppel (PE), the claimant (C) must demonstrate that they relied on the defendant’s (D) assurance or promise. • ‘But for’ Test: This test asks whether the claimant would have acted differently if not for the promise made by the defendant. The reliance must be a direct

Understanding Detriment: Detriment in the context of proprietary estoppel (PE) encompasses a wide range of actions that a claimant might take in reliance on a promise or assurance. This can include financial expenditure, lost opportunities, unpaid labor, or a generally lower quality of life. Key Principles and Cases: 1. Gillet

Understanding Unconscionability: In proprietary estoppel (PE) claims, unconscionability is often viewed as a crucial element that ties together the other elements of assurance, reliance, and detriment. It is the ethical dimension of the doctrine, asking whether it would be morally wrong or “unconscionable” for the defendant to renege on their

In proprietary estoppel cases, the remedy awarded by the court is highly discretionary and seeks to balance fairness between the parties. The court can choose between different bases for remedy, generally oscillating between expectation-based and reliance/detriment-based remedies. The aim is to prevent unconscionability while ensuring proportionality. Key Types of

Waghorn (2023) - Promises in Equity and at Law • Critique of Lord Briggs’ Rejection of the Detriment Approach: Waghorn argues that Lord Briggs’ dismissal of the detriment-based approach is flawed, as detriment is essential to a proprietary estoppel (PE) claim. Without detriment, there is no basis for the claim, and

Binding Effect of Proprietary Estoppel on Third Parties Scenario: • Facts: A owns the freehold in Blackacre. B works there for many years at low pay, promised Blackacre as an inheritance. After a fallout, A transfers the freehold to C. The question is whether C, as a third party, is bound

Express Co-Ownership Definition: • Co-ownership occurs when two or more people simultaneously hold title to a freehold or leasehold estate, having legal or beneficial rights to the land. Types: 1. Joint Tenants: ◦ LPA 1925, s.36: Joint tenancy is the default type of co-ownership for up to four people. If more