eBook - ePub
No longer available
Law Express: Land Law
John Duddington
This book isnāt in the library right now, search for another
Share book
- English
- ePUB (mobile friendly)
- Only available on web
eBook - ePub
No longer available
Law Express: Land Law
John Duddington
Book details
Book preview
Table of contents
Citations
About This Book
Revise with the help of the UK's bestselling law revision series.
Designed for students, this book will help you:
-
Understand how to review essential cases, statutes, and legal terms
-
Learn how to assess and approach the subject by using expert advice
-
Learn how to lead further discussions
Find additional support on our Law Express companion website, which contains a host of extra resources to provide you with pre-exam guidance.
Visit go.pearson.com/uk/lawexpress
John Duddington was Head of the Law School at Worcester College of Technology before retiring to focus on writing and research. He also teaches property law at the University of Worcester.
Frequently asked questions
How do I cancel my subscription?
Can/how do I download books?
At the moment all of our mobile-responsive ePub books are available to download via the app. Most of our PDFs are also available to download and we're working on making the final remaining ones downloadable now. Learn more here.
What is the difference between the pricing plans?
Both plans give you full access to the library and all of Perlegoās features. The only differences are the price and subscription period: With the annual plan youāll save around 30% compared to 12 months on the monthly plan.
What is Perlego?
We are an online textbook subscription service, where you can get access to an entire online library for less than the price of a single book per month. With over 1 million books across 1000+ topics, weāve got you covered! Learn more here.
Do you support text-to-speech?
Look out for the read-aloud symbol on your next book to see if you can listen to it. The read-aloud tool reads text aloud for you, highlighting the text as it is being read. You can pause it, speed it up and slow it down. Learn more here.
Is Law Express: Land Law an online PDF/ePUB?
Yes, you can access Law Express: Land Law by John Duddington in PDF and/or ePUB format, as well as other popular books in Law & Legal Education. We have over one million books available in our catalogue for you to explore.
1
The building blocks of land law:
estates and interests in land
Revision checklist
Essential points you should know:
ā¢What the terms āestateā, āfreeholdā and āleaseholdā mean
ā¢Types of legal interests and equitable interests in land
ā¢When a legal interest binds a third party
ā¢When an equitable interest binds a third party
ā¢When overreaching can apply and its consequences
Topic map
A printable version of this topic map is available from go.pearson.com/uk/lawexpress
Introduction
You must know what the fundamental terms mean and which rights can be estates and which can be interests.
Registered land is also, of course, a building block of land law, but you cannot progress to it unless you have mastered the fundamentals in this chapter.
This chapter and the next (on registration of title to land) should be thought of as one: this chapter is the essential foundation and it then leads on to either registered or unregistered land.
Assessment advice
Essay questions
An essay question will probably ask you either to:
ā¢look at the distinction between legal estates and legal and equitable interests and explain their significance; or to
ā¢look at the background to the development of land law as it is today. (This answer may require knowledge of other areas dealt with in subsequent chapters such as land registration rules (see Chapter 2).)
Problem questions
You are less likely to get a problem question purely on the material in this chapter, as it is introductory, with the exception of the law on fixtures and fittings. However, in a problem question on either registered or unregistered land, you will require a sound knowledge of the material here.
What is land?
The starting point is the definition of land in section 205(1)(ix) of the Law of Property Act (LPA) 1925. This contains the following key definition: āLand . . . and mines and minerals, whether or not held apart from the surfaceā ā land is not just the actual surface but also the land below and the air space above. This is often expressed by the old maxim: ācuius est solum eius est usque ad coelum et ad inferosā (āhe who owns the land owns everything reaching up to the very heavens and down to the very depths of the earthā). This statement read literally means that whoever has a legal estate in land owns not only the surface of that land but also the airspace above the land to an unlimited extent and the land below also to an unlimited extent.
In Bocardo SA v Star Energy UK Onshore Ltd (2010) Star Energy had a licence to search for and get petroleum. Its predecessors had drilled three wells diagonally, which entered the substrata below land owned by Bocardo at depths of up to 2,900 feet below ground level but this did not interfere with Bocardoās enjoyment of its land. Nevertheless, Star Energy was held liable for trespass. One issue was the extent to which rights of landowners extended beneath the surface. Lord Hope referred to arguments that the rights should only extend to 1,000 feet below but rejected any definite limit.
The law on rights to the airspace above the ground is different in some respects. Section 76(1) of the Civil Aviation Act 1982 provides that no action shall lie in respect of trespass or nuisance, by reason only of the flight of an aircraft over any property at a height above the ground, which, having regard to wind, weather and all the circumstances of the case is reasonable. In Bernstein v Skyviews and General Ltd (1978) a claim by a landowner for trespass in respect of flights over his house for aerial photography was rejected. The court held that a landowner only owns such airspace necessary for the reasonable enjoyment of the land.
Impress your examiner
There is a growing literature on subterranean land rights. See Turner (2011).
There is a basic distinction in land law between corporeal hereditaments and incorporeal hereditaments.
Corporeal hereditaments
The land and what is attached to the land.
Incorporeal hereditaments
Rights over land. These include easements and profits.
Fixtures and fittings
Fixtures are objects which are fixed to the land in such a way as to be part of it. Fittings are not.
Some physical objects are treated as part of the land itself. These are known as fixtures and so when the land is sold anything that is a fixture is sold with it. Other objects are treated as fittings (often referred to as chattels) and are not treated as part of the land. When land is sold, sellers, to avoid disputes, usually provide lists of what are fixtures and fittings.
Botham v TSB Bank plc (1996) gives useful guidance on...