23. Priorities in relation to mortgages and charges

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter explains the rules relating to priorities between successive mortgages and charges and between mortgages and charges and other estates and interests in land. It covers the priorities of mortgages of an equitable interest; the priorities of mortgages of a legal estate; the priorities of three or more mortgages; mortgagee’s right to tack further advances; and interests prior to the mortgage.

19. Proprietary estoppel

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter examines the doctrine of proprietary estoppel. It discusses the nature of proprietary estoppel; the expectations of future rights; the criteria for proprietary estoppel; essential elements; satisfying the equity; the nature of the equity arising from estoppel; and the relationship between proprietary estoppel and constructive trusts.

12. Remedies for breach of leasehold covenants

Course-focused and comprehensive, the Textbook on Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses the remedies available to one party to a lease when the other is in breach of duty. It first deals with general contractual remedies which are available in respect of breach of covenant. It then goes on to consider in more detail some special remedies which are peculiar to leases, and in particular the landlord’s power to forfeit the lease, i.e., to bring it to an end and to evict the tenant.

17. Co-ownership

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses rules relating to the co-ownership of land. It covers joint tenancy; tenancy in common; creating a tenancy in common of the beneficial interest under a trust; the cases of Stack v Dowden and Jones v Kernott; the severance of a joint tenancy; the relationship between co-owners; and the ending of co-ownership.

10. Obligations of landlord and tenant

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter deals with the rights and duties of the landlord and tenant who are the parties to the lease. Every lease contains provisions which define the obligations of the landlord and tenant under the lease. Obligations in a lease may be imposed in one of two ways: by covenants or by conditions. A ‘covenant’ is a promise made by one party (the ‘covenantor’) for the benefit of another party (the ‘covenantee’) which is contained in a deed. Express, implied, and usual covenants are discussed.

2. Interests in land

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter explains how one person may have rights over land owned by another. It identifies the people who may have rights over Trant House—rights that could be enforced not only against Vernon, the fee simple owner, but also against anyone who acquires the property from him. The discussions cover interests in land; legal interests; equitable interests; legal and equitable interests compared; the multiplicity of rights; the classification of property; and human rights.

25. Freehold covenants

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses covenants affecting freehold land. It covers the enforceability of covenants, including enforcement against later acquirers of land; the problem of positive covenants; remedies; the discharge of covenants; and the proposals for reform of the law.

20. Licences and their enforcement

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter considers the nature of a licence of land. It discusses how to distinguish a lease from a licence, and how to distinguish an easement or profit from a licence. It then discusses enforcement against the licensor; enforcement against successors of the licensor; and whether licences are becoming interests in land. The issues covered are also applied to two licensees in Trant Way: Henry Mumps and Bob Bell are each living in property owned by another member of their family.

16. Perpetuities and accumulations

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter provides a brief account of the ‘perpetuities and accumulations’ rules. It discusses future interests; the old perpetuities rules; legislative modifications before 2010; the breadth of the application of old rules; rules about the period for which income can accumulate in a trust; and the Perpetuities and Accumulations Act 2009.

15. Settled Land Act settlements

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter briefly discusses the Settled Land Act (SLA) settlement, the other form of trust which still exists in relation to land. It addresses the following three questions: who holds the legal estate in settled land? Are there trustees? What sort of property may be subject to a SLA settlement?