Modern Land Law

741 Pages·2016·4.99 MB·English

by  Martin Dixon

Modern Land Law
Tenth Edition

Martin Dixon,
Professor in the Law of Real Property, University of
Cambridge, Honorary Bencher of Lincoln’s Inn
Tenth edition published 2016
by Routledge
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© 2016 Martin Dixon
The right of Martin Dixon to be identified as author of this work has been asserted by him in accordance
with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
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only for identification and explanation without intent to infringe.
First edition published as Principles in Land Law by Cavendish Publishing 1994 Ninth edition published by
Routledge 2014
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
A catalog record for this book has been requested
ISBN: 978-1-138-95808-1 (hbk)
ISBN: 978-1-138-95809-8 (pbk)
ISBN: 978-1-315-66135-3 (ebk)
Typeset in Joanna
by Wearset Ltd, Boldon, Tyne and Wear
To Cornflake
Outline Contents

List of Abbreviations
Preface
Guide to the Companion Website
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of European Legislation

1 An Introduction to Modern Land Law
2 Registered Land
3 Unregistered Land
4 Co-ownership
5 Successive Interests in Land
6 Leases
7 The Law of Easements and Profits
8 Freehold Covenants
9 Licences and Proprietary Estoppel
10 The Law of Mortgages
11 Adverse Possession
Index
Detailed Contents

List of Abbreviations
Preface
Guide to the Companion Website
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of European Legislation
1 AN INTRODUCTION TO MODERN LAND LAW
1.1 The Nature and Scope of the Law of Real Property
1.2 Types of Proprietary Right
1.3 The Legal or Equitable Quality of Proprietary Rights
1.4 The Consequences of the Distinction between Legal and Equitable
Property Rights
1.5 The 1925 Property Legislation and the Land Registration Act 2002
1.6 The Distinction between Registered and Unregistered Land
1.7 Chapter Summary
2 REGISTERED LAND
2.1 The Basic Concept of Title Registration
2.2 The Nature and Purpose of the System of Registered Land
2.3 The Three Fundamental Operating Principles of Registered Land
2.4 An Overview of the Registered Land System under the Land
Registration Act 2002
2.5 The Operation of Registered Land: Titles
2.6 The Operation of Registered Land: Unregistered Interests which
Override
2.7 The Operation of Registered Land: Protected Registered Interests under
the Land Registration Act 2002
2.8 Restrictions
2.9 The Operation of Registered Land: Overreaching
2.10 Alteration of the Register
2.11 Indemnity under the Land Registration Act 2002
2.12 An Overview of the Land Registration Act 2002
2.13 Chapter Summary
3 UNREGISTERED LAND
3.1 Unregistered Land: An Introduction to the System of Unregistered
Conveyancing
3.2 An Overview of Unregistered Land
3.3 Titles in Unregistered Land
3.4 Third-party Rights in Unregistered Land
3.5 The Purchaser of Unregistered Land and the Protection of Legal Rights
3.6 The Purchaser of Unregistered Land and the Protection of Equitable
Interests: The Land Charges Act 1972
3.7 Overreachable Rights
3.8 A Residual Class of Equitable Interests in Unregistered Conveyancing
3.9 Inherent Problems in the System of Unregistered Land
3.10 A Comparison with Registered Land
3.11 Chapter Summary
4 CO-OWNERSHIP
4.1 The Nature and Types of Concurrent Co-ownership
4.2 Joint Tenancy
4.3 Tenancy in Common
4.4 The Effect of the Law of Property Act 1925 and the Trusts of Land and
Appointment of Trustees Act 1996
4.5 The Distinction between Joint Tenancy and Tenancy in Common in
Practice: The Equitable Interest
4.6 The Statutory Machinery Governing Co-ownership
4.7 The Nature of the Unseverable Legal Joint Tenancy: The Trust of Land
4.8 The Advantages of the 1925 and 1996 Legislative Reforms
4.9 The Disadvantages of the Trust of Land as a Device for Regulating Co-
ownership
4.10 The Express and Implied Creation of Co-ownership in Practice:
Express, Resulting and Constructive Trusts
4.11 Severance
4.12 Chapter Summary
5 SUCCESSIVE INTERESTS IN LAND
5.1 Successive Interests: In General
5.2 Successive Interests under the Old Regime: The Strict Settlement and
the Settled Land Act 1925
5.3 The Trust for Sale of Land: Pre-Trusts of Land and Appointment of
Trustees Act 1996
5.4 A Comparison between the Strict Settlement under the Settled Land Act
1925 and the Regime of the Trusts of Land and Appointment of
Trustees Act 1996
5.5 Chapter Summary
6 LEASES
6.1 The Nature of a Lease
6.2 The Essential Characteristics of a Lease
6.3 The Creation of Legal and Equitable Leases
6.4 Leasehold Covenants
6.5 Rules for Leases Granted before 1 January 1996
6.6 The New Scheme – The Law Applicable to Tenancies Granted on or
after 1 January 1996: The Landlord and Tenant (Covenants) Act 1995
6.7 The Landlord’s Remedies for Breach of Covenant
6.8 The Tenant’s Remedies for Breach of Covenant
6.9 Termination of Leases
6.10 Chapter Summary
7 THE LAW OF EASEMENTS AND PROFITS
7.1 The Nature of Easements as Interests in Land
7.2 The Essential Characteristics of an Easement
7.3 Legal and Equitable Easements: Formalities
7.4 Legal Easements
7.5 Equitable Easements
7.6 The Significance of the Distinction between Legal and Equitable
Easements in Practice: Easements and Purchasers of the Dominant or
Servient Tenement
7.7 The Creation of Easements
7.8 Express Creation
7.9 Implied Creation
7.10 Easements Resulting from Prescription
7.11 Methods of Establishing an Easement by Prescription
7.12 The Extinguishment of Easements
7.13 A Note on Profits à Prendre
7.14 Reform
7.15 Chapter Summary
8 FREEHOLD COVENANTS
8.1 The Nature of Freehold Covenants
8.2 The Relevance of Law and Equity and the Enforcement of Covenants
8.3 The Factual Context for the Enforcement of Freehold Covenants
8.4 Principle 1: Enforcing the Covenant in an Action between the Original
Covenantor and the Original Covenantee
8.5 Principle 2: Enforcing the Covenant against Successors in Title to the
Original Covenantor – Passing the Burden
8.6 Principle 3: Passing the Benefit to Successors in Title to the Original
Covenantee
8.7 Escaping the Confines of the Rules: Can the Burden of Positive
Covenants be Enforced by Other Means?
8.8 Discharge and Modification of Restrictive Covenants
8.9 Reform
8.10 Chapter Summary
9 LICENCES AND PROPRIETARY ESTOPPEL
9.1 Licences
9.2 The Essential Nature of a Licence
9.3 Types of Licence
9.4 Proprietary Estoppel
9.5 Conditions for the Operation of Proprietary Estoppel
9.6 What is the Result of a Successful Plea of Proprietary Estoppel?
9.7 The Nature of Proprietary Estoppel and its Effect on Third Parties
9.8 Proprietary Estoppel and Constructive Trusts
9.9 Chapter Summary
10 THE LAW OF MORTGAGES
10.1 The Essential Nature of a Mortgage
10.2 The Creation of Mortgages before 1925
10.3 The Creation of Legal Mortgages on or after 1 January 1926
10.4 Legal Mortgages of Freehold Estates before 13 October 2003
10.5 Legal Mortgages of Leasehold Estates: Unregistered Leases and
Registered Leasehold Titles Mortgaged before 13 October 2003
10.6 Legal Mortgages of Registered Titles under the Land Registration Act
2002
10.7 Registration of Legal Mortgages under the Land Registration Act 2002
10.8 Equitable Mortgages
10.9 The Rights of the Mortgagor: The Equity of Redemption