7. The sole owner of land

This chapter discusses what it means to be the ‘owner’ of a property. In registered land, whoever is entered into the proprietorship register as the registered proprietor of the property is deemed to have the authority to deal with the land as an owner. The chapter discusses three alternative scenarios when the land register shows a sole registered proprietor; the first is that the registered proprietor is the sole legal and equitable owner of the land; the second is that the registered proprietor is the sole legal owner, holding the equitable title on trust for someone else; the third is that the registered proprietor is the sole legal owner, holding the equitable title on trust for him- or herself and (an)other equitable owner(s). The chapter considers the potential dangers for equitable owners and purchasers, and explains the law that has been put in place to protect them.

4. Registration of title

This chapter examines registration of title, commonly called registered land, another fundamental reform of the 1925 property legislation. The first attempt at universal registration of title to land was the Land Registration Act 1925. This has since been replaced by the Land Registration Act 2002, which is itself the subject of a recent Law Commission report proposing reforms to the current law. Any transfer of land that is not yet registered will trigger registration of title, and thereafter the land will be subject to the law on registration. The government has announced a commitment to comprehensive registration of title by 2030. The chapter deals with the principles of registration; first registration of title; substantive registration; interests protected by notice, restriction, and overriding interests; alteration and rectification of the register; the correction of mistakes in the register and the payment of indemnity or compensation for mistakes. Proposals for reform are also discussed.

16. Exam technique and the perils of question spotting

This chapter offers some general advice to students on how to prepare for their land law exam. Firstly, it discusses the revision process and advises on how best to prepare for exam success. It offers some top exam tips, and suggestions on question spotting. It then presents some questions that are likely to be asked on the topics studied. These topics include all of the substantive topics covered in the book, including the nature of land, the structure of land law, the freehold estate, land registration, leases, adverse possession, co-ownership and the Trusts of Land and Appointment of Trustees Act 1996, easements and profits, covenants in freehold land, and mortgages.

13. Covenants in freehold land

This chapter focuses on covenants in freehold land. A covenant is a promise made by one landowner to another regarding the use of freehold land. Enforceability is not a problem when considering the original parties to a covenant. The parties have simply entered into a contract with each other. Complications are caused, however, by Law of Property Act 1925, s. 56(1), which extends the scope of persons who may be counted as original covenantees, and the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999), which enables the benefit of a contract to be given to those who are not parties to it. The common law and equitable rules for passing of the benefit and burden of a covenant, positive covenants, breach of covenants, modification and discharge of covenants, and proposals for reform are discussed.

12. Easements and profits

This chapter discusses easements and profits—two of the most important rights that can be held by one person over land belonging to another person. Easements are important property rights owned by one landowner (the dominant owner) over land of another (the servient owner). To be an easement, the right claimed must benefit the land itself and not merely the owner of the dominant tenement personally. This key requirement has been thoroughly examined recently by the Supreme Court in Regency Villas Title Ltd v. Diamond Resorts (Europe) Ltd. Common types of easement include rights of way, rights of parking, right to air, and rights of water. A profit à prendre is the right to take something from another person’s land. This includes minerals, crops, and wild animals. Profits may either be owned by one person to the exclusion of all others—that is, a several profit—or by one person in common with other persons—that is, a profit in common, or a common.

11. Trusts of land

This chapter focuses on what the law requires of trustees of land and how it protects the beneficiaries of those trusts. All trusts of land are now governed by the statutory framework set out in the Trusts of Land and Appointment of Trustees Act 1996. The Act sets out the rights and responsibilities of trustees, and the rights of beneficiaries, under a trust of land. Trustees have extensive powers over the land, but have a duty to act in the interests of the beneficiaries, to consult them, and to give effect to their wishes where possible. The beneficiaries (with an interest in possession) have a right to occupy the land, although the trustees have the power, under certain circumstances, to restrict or exclude them from occupation. The chapter also discusses the powers of the court under TOLATA 1996, cases of bankruptcy, and the Settled Land Act 1925.

9. Trusts and the family home

This chapter discusses a form of ‘implied’ co-ownership—the situation in which the law recognizes that co-ownership in a property has arisen, even though this is sometimes far from the intention of the parties. It looks at how implied co-ownership arises, either through a resulting or constructive trust. It discusses in detail the two-stage process that gives rise to the court identifying that the existence of a common intention constructive trust has been established, and looks at how the courts have considered this process over many years. It then considers how the court approaches quantification of shares in the property. Finally it looks at the many proposals for reform in this area of law.

8. Joint owners of land (co-ownership)

This chapter discusses ‘express’ co-ownership of land—the situation in which owners make a conscious decision to own land together. It first briefly defines the two types of co-ownership—joint tenancy and tenancy in common—and distinguishes between legal and equitable ownership. It then discusses legal title and equitable title in relation to joint tenancy and tenancy in common; and how to differentiate between joint tenancy and tenancy in common in practice. The chapter also considers the issue of severance, which converts the status of a co-owner from joint tenant to that of tenant in common, as well as the impact of co-ownership on the land register.

6. Adverse possession

This chapter discusses the law on adverse possession. It first considers arguments for and against allowing adverse possession. It then describes changes in the law of adverse possession and outlines the main statutory provisions, namely the Limitation Act 1980, the Land Registration Act 1925, and the Land Registration Act 2002. Next, the chapter discusses what a squatter needs to show to make a claim to the land and the effects of adverse possession. The old scheme under the Limitation Act 1980 and the new scheme under the Land Registration Act 2002 are compared.

1. What is land?

This chapter begins by defining the term ‘land’ as stated in the Law of Property Act 1925, s. 205(1)(ix). It explains the meaning of land of any tenure, both freehold and leasehold; the extent of land both upwards into the sky and downwards into the earth; corporeal hereditaments including the distinction between fixtures and chattels; incorporeal hereditaments such as rights of way, rights to fishing and hunting, and other intangible rights; and cites relevant cases as examples. It then sketches the rights of landowners to objects found lost or hidden on, or buried within, the land, including the Crown’s rights to treasure.