Distance Learning Materials

Land Law

GUIDANCE TEXT

2008 2009
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2008 2009
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Land Law Guidance Text

Notes on using this Guidance Text The purpose of these guidance notes is to provide a link between the following: Textbook - Roger Sexton’s Land law. This provides the primary resource to be used in supporting study on this module. Online resource centre – This contains selected extracts from primary sources and twice-yearly updates to the provided textbook. Further details can be found on the back of the textbook (as above). Casebook – Maudsley & Burn’s Land law Cases & Materials. Statute book – You may wish to purchase separately a statute book containing legislation relevant to the module. Statute books can be taken into your examination subject to detailed rules to be found in your student handbook. It is important to speak to your tutor before purchase. We suggest Blackstone’s Statutes on Property Law by Meryl Thomas. The textbook is closely (although not exactly) tailored to our syllabus. It is written in a practical and accessible way by a very well respected (now retired) senior lecturer from Nottingham Trent University, Roger Sexton, who always had the students’ interests uppermost in his mind and wrote accordingly. We hope that you enjoy the text and recommend that you start at the front and work through it in order, unless you are advised to do otherwise. Please note that there is a comprehensive index of commonly used legal terms at the back of the textbook, which you will almost certainly find useful. The textbook contains many questions for you to attempt to answer as you work through your studies. The answers to these questions are given either as you read on or alternatively at the back of the book. The more practice you have in answering these questions, the more at ease you will feel with the subject. You should read through the relevant chapters first and attempt to answer the questions as you encounter them in the text, assessing your understanding with reference to the answers provided. Then, try to provide answers to the questions contained in this guidance text. If you have difficulty at any time, see the hint below the question for guidance as to where to look to find the answer. Whilst the textbook should be studied in depth, the casebook should be consulted when necessary to elaborate on an area or to explain a difficult point. It is not necessary to read the casebook from cover to cover. Having said that, it is an excellent and very well respected academic work. As for cases and statutes, full details are not always included in these notes and where they are not, full citations can be found at the front of the textbook and casebook. Extracts and full statutes can be found in the statute book. Please note that the casebook should contain most of the important statutes needed and they will also be referred to in the text. It is hoped that these notes will provide a link and an overview of the area covered by the module and will show you the bigger picture so that you can relate one area to another and see where the different elements fit in. Land law is a broad subject area which some students find difficult. It needs to be studied carefully and conscientiously from the start so that you get to grips with the material as soon as possible and begin to feel confident with the subject, and are then able to build upon it.

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Land Guidance Text

These notes do not contain the law. You are to find the law in the other reading material that has been provided and is available to you. Gaps in the structure of these notes are deliberate and are designed to allow you space to make notes, write page references, note points of difficulty to be clarified and to more generally chart the pattern of your studies. We hope that you enjoy your study of land law.

Tina Launchbury and Matthew J. Homewood

© 2008 Nottingham Law School

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Land Law MODULE STRUCTURE

MODULE STRUCTURE Concepts/terminology Unregistered land Registered land Trusts of land Co-ownership Easements Restrictive covenants Mortgages

Note: You may wish to have a look at, but need not study: Old style trusts – An understanding of the concepts of bare trusts, trusts for sale and strict settlements is all that is needed.

Adverse possession – See loss of ownership. Again, an awareness of the concept is all that is required. It should be recognised that an adverse possession claim against registered land is now almost impossible.

Special legal rules and priority of mortgages – The focus should be on terminology, mortgagees’ remedies and the protection of a mortgage in registered and unregistered title.

Commonhold – You need to know the name, have an idea about the concept, but do not need to know the detail.

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Land Law CONCEPTS AND TERMINOLOGY

CONCEPTS AND TERMINOLOGY See Chapters 1, 2, 3, 4 and 5 of the textbook This is fundamental to your studies. Your understanding must be thorough to enable the rest of the course to be built upon the framework set. You will become confused later if you do not get to grips with this now. Please note that we will deal with some areas in your list as a full topic later. You should study the introductory chapters only at the moment and not the later topic chapters. You need to understand all of the following terms at an early stage. Remember that you can find the answers in the textbook (glossary, index, case list, statute list and footnotes), casebook (index, case list, statute list and footnotes) and the online resource centre. Hints are provided (see below). Consult the textbook and casebook and discover the meanings of the following terms: Meaning of land Freehold Hint : See s1 of the Law Property Act 1925 and the relevant sections in chapter 1, 3 and the glossary of the textbook.

Leasehold Hint : See s1 of the Law Property Act 1925 and the relevant sections in chapters 1 and 3 of the textbook.

Land Hint : See s205 (1) (ix) of the Law Property Act 1925 and the relevant section in chapter 1 of the textbook.

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Land Law CONCEPTS AND TERMINOLOGY Fixtures Hint : See the relevant section in chapter 1 of the textbook and consider the relevant case law in the casebook.

Fittings Hint : See the relevant section in chapter 1 of the textbook and consider the relevant case law in the casebook.

Chattels Hint : See the relevant section in chapter 1 of the textbook and consider the relevant case law in the casebook.

Rights against land Mortgage Hint : See section 1 of the Law of Property Act 1925 and the relevant sections in both chapter 1 and the glossary of the textbook.

Mortgagor Hint : See the relevant section in chapter 1 of the textbook.

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Land Law CONCEPTS AND TERMINOLOGY Mortgagee Hint : See the relevant section in chapter 1 of the textbook.

Restrictive covenant Hint : See section 1 of the Law of Property Act 1925 and the relevant section in both chapter 1 and the glossary of the textbook.

Easements Hint : See section 1 of the Law of Property Act 1925 and the relevant section in both chapter 1 and the glossary of the textbook.

Profits Hint : See section 1 of the Law of Property Act 1925 and the relevant sections in both chapter 1 and the glossary of the textbook.

Rentcharges Hint : See section 1 of the Law of Property Act 1925, Rentcharges Act 1977 and the relevant section in both chapter 1 and the glossary of the textbook.

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Land Law CONCEPTS AND TERMINOLOGY

Constructive trust Hint : See the relevant section in both chapter 1 and the glossary of the textbook and Lloyds Bank v Rosset [1991] 1 AC 107.

Proprietary estoppel Hint : See the relevant section in both chapter 1 and the glossary of the textbook and Inwards v Baker [1965] 1 All ER 446.

Matrimonial home rights Hint : See Family Law Act 1996 and the relevant section in both chapter 1 and the glossary of the textbook.

Estate contracts Hint : See the relevant section in both chapter 1 and the glossary of the textbook.

Options Hint : See the relevant section in both chapter 1 and the glossary of the textbook.

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Land Law CONCEPTS AND TERMINOLOGY

Trusts Trust Hint : See the Trusts of Land and Appointment of Trustees Act 1996 and the relevant section in chapter 2 of the textbook.

Settlement Hint : See the relevant section in chapter 2 of the textbook.

Bare trust Hint : See the relevant section in chapter 2 of the textbook.

Trust for sale Hint : See the relevant section in chapter 2 of the textbook.

Trust of land Hint : See the relevant section in chapter 2 of the textbook.

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Land Law CONCEPTS AND TERMINOLOGY

Conveyancing Procedure Proof of title – root Hint : See the relevant section in chapter 2 of the textbook.

Deeds Hint : See section 1 of the Law of Property (Miscellaneous Provisions) Act 1989, section 52 of the Law of Property Act 1925 and the relevant section in chapter 2 of the textbook.

Title in registered land Hint : See the Land Registration Act 2002 and the relevant section in chapter 2 of the textbook.

Voluntary registration Hint : See the relevant section in chapter 2 of the textbook.

Commonhold (concept only) Hint : See the Commonhold and Leasehold Reform Act 2002 and the relevant section in chapter 3 of the textbook.

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Land Law CONCEPTS AND TERMINOLOGY Estate in possession Hint : See the relevant section in chapter 4 of the textbook.

Estate in remainder Hint : See the relevant section in chapter 4 of the textbook.

Estate in reversion Hint : See the relevant section in chapter 4 of the textbook.

Legal estates Hint : See section 1 of the Law of Property Act 1925.

Legal interests Hint : See section of the 1 Law of Property Act 1925 and the relevant section in chapter 5 of the textbook.

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Land Law CONCEPTS AND TERMINOLOGY

Equitable interests Hint : See section 1 of the Law of Property Act 1925 and the relevant section in chapter 5 of the textbook.

A deed Hint : See section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 and the relevant section in chapter 5 of the textbook.

Requirements for a deed Hint : See section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 and the relevant section in chapter 5 of the textbook.

Exchange of contracts Hint : See the relevant section in chapter 5 of the textbook.

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Land Law CONCEPTS AND TERMINOLOGY

When you feel that you understand the above, prepare yourself a table/flow chart/list/mind-map or whatever helps you to retain this information in a logical format. By now, you should be more familiar with the materials provided and should be able to deal with the concepts in some depth from now on. The concepts/terms will be revisited frequently, so don’t worry if they still seem a little strange to you.

Advice Going forward, look at the questions asked in each section first and then study the relevant chapters in the textbook. As you work through the relevant chapters, attempt the questions you encounter and assess your understanding with reference to the answers provided. Then, try to provide answers to the questions contained in this guidance text. If you have difficulty at any time, see the hint below the question for guidance as to where to look to find the answer. When you are happy that you understand the relevant area and can answer the questions, move on to the casebook and online resource centre to both consolidate and develop your understanding further.

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Land Law UNREGISTERED LAND

UNREGISTERED LAND See Chapters 6, 7 and 8 of the textbook

The unregistered land system is based upon the doctrine of notice and land charges. These are mutually exclusive and are not alternatives. Consider this statement carefully as you go through the following: What is meant by the doctrine of notice? Hint : See the relevant section in chapter 6 of the textbook.

What are the three types of notice? 1.

2.

3.

Hint : See the relevant section in chapter 6 of the textbook. Be careful not to confuse the types of notice with ‘a notice’ as used in registered land to protect certain minor interests.

Which is the most difficult to prove and why? Hint : See the relevant section in chapter 6 of the textbook.

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Land Law UNREGISTERED LAND Which case would you use to illustrate notice? Hint : It involves a surveyor’s inspection of a property. If you need a little help, it is mentioned in the section on notice in chapter 6 of the textbook and further details can be found in your casebook.

What does ‘bona fide purchaser for value without notice’ mean? Hint : See the relevant section in chapter 6 of the textbook.

Explain its importance. Hint : See the relevant section in chapter 6 of the textbook.

Explain the rule in Hunt v Luck. Hint : See the relevant section in chapter 6 of the textbook.

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Land Law UNREGISTERED LAND

Explain the test(s) for constructive trusts. Which case gave you this test? (Important). Hint : The case involved a wife helping with interior decorations and chasing up builders. If you need a little help, it is mentioned in chapter 1 of the textbook in the section relating to constructive trusts. Further details can be found in your casebook.

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Land Law UNREGISTERED LAND

Which 1925 statute limited the application of the doctrine of notice? Hint: See the relevant section in chapter 8 of the textbook.

What year is given to that Act now? Hint: See the relevant section in chapter 8 of the textbook.

Why is the doctrine of notice still relevant today? List 8 instances where notice is still important. 1. 2. 3. 4. 5. 6. 7. 8. Hint: If you are struggling with this, look towards the end of chapter 8 of the textbook.

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Land Law UNREGISTERED LAND

What is the land charges register? Where is it kept? How are registrations of land charges made? Hint: See the relevant section in chapter 8 of the textbook.

Give examples of land charge categories. Hint: See the relevant section in chapter 8 of the textbook.

Explain how a land charge search works. Hint: See the relevant section in chapter 8 of the textbook.

Explain overreaching. (This can be left until later if you find this difficult). Hint: If you are finding this difficult look towards the end of chapter 8 of the textbook and concentrate on the ‘essence of overreaching’ to enable you to understand the basic concept.

Why are notice and land charges mutually exclusive? What happens if you forget to register a land charge or do it incorrectly? (This is a fundamental point that many students have problems with). Hint: See section 198 of the Law of Property Act 1925, the relevant section in chapter 8 of the textbook and consider the cases of Hollington Brothers v Rhodes (1951) 2 TLR 691 and Midland Bank Trust Co. v Green [1981] AC 513.

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Land Law UNREGISTERED LAND

Back up your statements with authority (i.e. cases and/or statutes) as appropriate. At the end of the chapters addressing unregistered land you will encounter a comprehensive assessment exercise. It is recommended that you tackle this in essay style before considering the answer provided in the appendix. This will help you to develop the approach needed for problem questions of this type and will enable you to assess not only your understanding of this area, but also your written style. When you feel that you understand unregistered land, prepare yourself a table/flow chart/list/mind-map or whatever helps you to retain this information in a logical format. Advice As before, going forward look at the questions asked in each section first and then study the relevant chapters in the textbook. When you are happy that you understand the textbook and can answer the questions, move on to the relevant areas in the casebook and online resource centre to both consolidate and develop your understanding further.

© 2008 Nottingham Law School

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Land Law REGISTERED LAND

REGISTERED LAND See Chapters 9 and 10 of the textbook For most purposes, the registered land system divides rights into four categories; those estates and interests capable of substantive registration, overriding interests, minor interests and mortgages by registered charge. Answer the following questions: Which statute introduced the system of land registration? Hint: See the relevant section in chapter 9 of the textbook. As you read through the beginning of this chapter, be aware of the date of the Act referred to.

When did the whole of England and Wales become compulsorily registerable? Hint: See the relevant section in chapter 9 of the textbook.

Carefully explain the following: 1. Substantive registration.

2. Overriding interests.

3. Minor interests.

Hint: See the relevant sections in chapter 9 and chapter 10 of the textbook.

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Land Law REGISTERED LAND Give examples of the above 3 categories and state how they can be protected. 1. Substantive registration.

2. Overriding interests.

3. Minor interests.

Hint: If you are finding this difficult, chapter 9 of the textbook contains details on substantive registration whilst the summary at the end of chapter 10 may also be of help. Describe, briefly, the main points of the Land Registration Act 2002. (This will be dealt with as we go along). When was its implementation date? What aspects were unexpected? Hint: See the relevant section in chapter 10 of the textbook. You obviously need to be aware of the main points of the previous Act in order to fully appreciate the changes made by the 2002 Act.

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Land Law REGISTERED LAND

Explain the difference between First registration and registration of a dealing. Hint: See the relevant section in chapter 9 of the textbook.

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Land Law REGISTERED LAND When does title belong to a new owner? Consider this for both unregistered and (already) registered land. Hint: See the relevant section in chapter 9 of the textbook.

Explain the types of registration for leasehold and freehold land. Hint: See the relevant section in chapter 9 of the textbook.

Name and describe the 3 parts of a register of title. Hint: See the relevant section in chapter 9 of the textbook. Useful information and accessible guidance can also be found at the land registry’s website (www.landregistry.gov.uk).

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Land Law REGISTERED LAND

Registration of easements is now difficult. We will return to this later, but do you understand the effect of the Land Registration Act 2002 on easements? Hint: If not, see section 27(2)(d) of the Land Registration Act 2002 and the relevant section in chapter 9 of the textbook.

Why are “old” cases still relevant for actual occupation and overriding interests? Give examples and explain principles. Hint: See the relevant section in chapter 10 of the textbook and read the cases referred to in your casebook. In particular, read Williams and Glyn’s Bank v Boland [1981] AC 487, Lord Oliver’s speech in Abbey National Building Society v Cann [1991] AC 56 and Webb v Pollmount [1966] 1 CH 584.

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Land Law REGISTERED LAND

Why is Schedule 3 paragraph 2 of the Land Registration Act 2002 different in effect to section 70(1)(g) of the Land Registration Act 1925? Please note that this is a very important (and quite difficult) point. You need to carefully consider ‘the exceptions’. Hint: See the relevant section in chapter 10 of the textbook. Also, consider Ferrishurst v Wallcite [1999] 1 All ER 977 under section 70(1)(g) of the 1925 Act.

Do the exceptions bear any resemblance to the doctrine of notice? Hint: Reflect back on the relevant sections in chapter 6 of the textbook and consider the Land Registration Act 2002 Sch.3 para.2. Further, consider Lord Wilberforce’s judgment in the House of Lords in Williams and Glyn’s Bank v Boland [1981] AC 487.

Does the 2002 Act improve the situation and if so, how? Hint: See the relevant section in chapter 10 of the textbook.

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Land Law REGISTERED LAND How has the 2002 Act altered the protection of minor interests? Hint: See sections 32, 33 and 40 of the Land Registration Act 2002 and the relevant section in chapter 10 of the textbook.

Explain how a land registry search is done and its effect. Hint: See the relevant section in chapter 10 of the textbook. Further useful information and accessible guidance can be found at the land registry’s website (www.landregistry.gov.uk).

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Land Law REGISTERED LAND

Back up your statements with authority (i.e. cases and/or statutes) as appropriate. When you are happy that you understand the textbook and can answer the questions, move on to the relevant areas in the casebook and online resource centre to both consolidate and develop your understanding further. At the end of the chapters addressing registered land you will encounter a further comprehensive assessment exercise. As with the exercise on unregistered land, it is recommended that you tackle this in essay style before considering the answer provided in the appendix. You will find a useful flowchart preceding the assessment exercise in the textbook, which covers the operation of Schedule 3 paragraph 2 of the 2002 Act. You may wish to incorporate this into a much wider flowchart that deals with the whole of registered title. Alternatively, please prepare yourself a table/ list/mind-map or whatever helps you to retain this information in a logical format. We will now move on to the specific topic areas to which you have already been introduced. In the meantime, it is recommended that you consolidate what you have learnt so far and fill in any gaps in your knowledge.

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