LO1

Title: Evaluation of meaning of the real and personal property and the classifications of
estates in the land law

P1
Introduction:
Property law covers the rights of ownership and interests of assets and it is a basic component of all
the legal systems, major concepts in the property law relate to two main types of property which are
real and personal property, in addition, the way in which land law classifies estates helps to an improved
understanding of rights of the property.

Real and personal property:

Real property refers to the assets which are immovable such as land and the things which are
permanently attached to it, such as buildings and the natural resources, the rights of real property are
long term and often involve the ownership & leasehold or easement interests, on the other hand the
personal property includes the items which are tangible like cars & furniture and intangible items like
stocks & patents, personal property rights are generally more easily transferable than the real property
rights.

Distinguishing between the real and the personal property is very important in legal contexts as it
impacts the applicable laws and regulations. Real property sales usually require complex legal
procedures which include title transfer and adherence to zoning restrictions, whereas personal property
transactions are generally more simple

Classification of estates in land law:

Estates in land law determine the types and scopes of rights of individual’s ownerships in real property
there are two main types which are as follows, Free hold estates and Leasehold estates, freehold estate
involve ownership rights without a set time limit whereas leasehold estates grant the right to use and
utilize the property for a specified limit of the time.

Freehold Estates:
Fee Simple Absolute: It refers to the highest type of ownership which provides the full control without
any limitations

Life Estate: it is a kind of ownership which grants the possession of a property for the period of
individual’s life, after which it is transferred to a different party

Fee Tail: refers to ownership which is limited to a specific bloodline, a concept that has been frequently
eliminated or altered in the modern legal system.

Leasehold Estates:
Term of Years: A lease for a specified duration with a clearly defined beginning and end date.
A periodic tenancy: is a leasing agreement that continues indefinitely unless one party provides the
required notice to terminate it.

Tenancy at Will: is a flexible agreement that does not have a set duration and can be ended by either
party at any time.

P2:

Title: Examination of the differences between Estate and Interests in Land Law
Introduction:

Estates provide the duration and the type of ownership, on the other hand interests in land relate to
particular rights or claims which are held by the individuals without granting complete ownership.
Interests can be established within the broader framework of estates through the different legal
methods.

Type of interests:

1. Easements: easements refers to the right to use someone else’s property for a certain purpose
like a pathway or utility passage.
2. Covenants: The agreements between landowners that typically restricts or regulate the usage of
land is known as covenants.
3. Mortgage: A security interest in real estate which is provided to a lender as a collateral for a
loan is known as mortgage.

Difference between Estates and Interests in land law:

Duration:

Estates define the duration of ownership, such as freehold or leasehold, whereas interest can be
temporary or limited to certain rights without complete ownership.

Example:

 Estate Johnson v. Anderson

 Interest Smith v. Richards

Nature of Control:

Estates provide full authority over the property, whereas the interests may only give restricted or
particular privileges without the full ownership.

Example:

 Estate: "Doe v. Roe,"

 Interest: "Tenant v. Landowner,"

Transferability:
Estates can be freely transferred but the transferability of interests is dependent on the legal systems
that establishes them or creates them.

Example:

 Estate: "Smith & Sons Real Estate

 Interest: "Easement Corporation v. Brown,"

Creation:

Estates are usually formed by transfers or inheritance while on the other hand interests can be formed
by the agreements, easements or the other legal instruments

Example:

 Estate: "Will of Davis,"

 Interest: "Jones v. Smith"

M1:
Title: Evaluation of the Historical Development of Land Law in Relation to
Registered and Unregistered Land

Registered Land: Registered land is the type of land with the ownership and the transaction
details which are documented in a proper land registry
types of registered land are:
1. Property register: It holds the essential information about a land property like its
location and ownership history which helps to verify the ownership during the
transactions.
2. Proprietorship register: the proprietorship register is dedicated to the ownership facts
such as the owner’s name and address
3. Charges register: the charges register provides the details of the financial obligations
such as mortgages which allows individual to evaluate the property’s financial condition
before making any decision
Unregistered Land: Unregistered land is the type of land which lacks formal registration of
ownership or related rights in an official government registry.
Types of Unregistered Land:
 1. Actual notice: Direct knowledge or awareness of a particular claim concern, or right which is
associated with a piece of land which is acquired by communication, observation, or any other
methods.
2. Constructive notice: Legal implication that individuals are considered to have knowledge of a
specific fact or the information concerning a property because of the documentation or the
registration of records in a public registry.
3. Imputed notice: information which is given to an individual due to their connection which
someone who possesses actual or the constructive notice like an agent or a representative.

Title: Evaluation of the Historical Development of Land Law in Relation to Registered and
Unregistered Land
Historical Roots:
Feudal systems:
During medieval England, the land ownership was based on the feudal system in which the rulers
awarded land to the nobility in return for the allegiance and military supports

The tenure of land was marked by the complex hierarchies where different type of estates dictated the
privileges and responsibilities of landholders.

Statute of uses (1536):

it represented a notable change by aiming to reduce the complicated nature of property ownership its
main goal was to prevent the avoidance of the land transfer taxes by transferring the legal title to the
beneficiary (cestui que utilize) instead of the holder (feoffee)

Statute of frauds (1677):

The statute of frauds required the certain contracts such as property sales must be written to be legally
binding. This statute was intended to provide clarity and formality to land transactions

Registered land development

Land registration act 19th and 20th centuries:
The purpose of land registration act 1925 was to improve the effectiveness of land transactions by
implementing a registered land system

The 1925 act implemented a thorough structure for land registration establishing a system in which the
state maintained the official record of land titles.

Land registration act 1925:

Following the 1925 act the land registration act 2002 brought an important change and the goal was to
enhance the precision of the register and to simplify the registration process

Unregistered land
Continued relevance:

Although there is a strong effort to promote registration, a significant portion of land in the UK is still
not registered and unregistered land follows typical conveyancing processes and relies on deeds and
papers to prove the ownership.

Land charges Act 1972:

The Land Charges Act 1972 created an independent system for recording the charges on land that is not
registered. Charges, like mortgages, might be officially registered to notify potential buyers.

Advantages of the Registered Land:

Registered land provides clarity, streamlines property transfer, and includes a government-supported
assurance of the ownership.

Challenges with the Unregistered Land:

Unregistered land, despite its historical continuity, might be more challenging when it comes to proving
the ownership and navigating the complex legal procedures.
Unregistered transactions have a greater likelihood of disputes and anomalies.

Currently both registered and unregistered land exists in the legal system.

According to the scenario:

Introduction: The scenario involves the various property rights and the transactions which are related to
Grantchester, a country estate owned by Andrew. The key individuals involved are as follows: Andrew,
Norton, Isobel, Steve, Dora, and Ryan. This assignment will analyze the different property rights,
distinguishing between the estates and interests, and provide advice to the relevant parties based on
the rules of the registered land.

A. Analysis of Different Property Rights:

i. Lease of White Field to Steve:

 Type of Right: Leasehold estate.

 Applicable Law: LRA 2002, s.27 (leases over seven years).

 Analysis: Steve holds a ten-year lease on White Field. LRA 2002, s.33, and s.32 outline the
requirements for the leases as it passes over seven years it falls under s.27. Steve's lease is a
legal interest and it is binding on Isobel as a registered owner.

ii. Right of Way for Dora:

 Type of Right: Easement (express license).

 Applicable Law: LRA 2002, s.52, s.53(1)(a).

 Analysis: Dora's right to use the shortcut across Gold Field is an easement, specifically an
express license. The requirements of s.52 and s.53(1)(a) are met and Isobel as the new owner is
bound by this interest, and she cannot deny Dora’s access.
iii. Agreement to Sell to Ryan:

 Type of Right: Equitable interest.

 Applicable Law: LP(MP)A 1989, s.2.

 Analysis: Andrew's agreement to sell Grantchester to Ryan creates an equitable interest.

Compliance with s.2 of LP(MP)A 1989 is important. Isobel is now subject to this equitable
interest and it can be used against her.

iv. Norton's Interest in Grantchester:

 Type of Right: Implied trust.

 Applicable Law: s.52 of LPA 1925, s.27 of LRA 2002, s.40, s.27 of LPA 1925, Chhokar v Chhokar.

 Analysis: Norton who paid the entire purchase price, might have an implied trust interest.
Relevant statutes and case law must be considered. Isobel's ownership may be subject to this
implied trust which may be affecting her rights.

B. Unregistered Titles Analysis:

If the transactions were governed solely by the rules of unregistered titles:

i. Lease of White Field to Steve:

 Type of Right: Legal lease.

 Applicable Law: Common law principles.

 Analysis: Common law principles govern the lease, and it would be binding on subsequent
owners which includes Isobel.

ii. Right of Way for Dora:

 Type of Right: Equitable easement.

 Applicable Law: Common law principles.

 Analysis: Without registration Dora's right may be an equitable easement enforceable against
subsequent owners.

iii. Agreement to Sell to Ryan:

 Type of Right: Equitable interest.

 Applicable Law: Common law principles.

 Analysis: The agreement creates an equitable interest which is enforceable in equity against
Isobel.

iv. Norton's Interest in Grantchester:

 Type of Right: Equitable interest.

 Applicable Law: Common law principles.

 Analysis: Norton's interest would be equitable which is enforceable in equity against Isobel.