| Acknowledgements |
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xix | |
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xxi | |
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xxxi | |
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Table of Statutory Instruments |
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xxxvii | |
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PART 1 INTRODUCTION: ESTATES AND INTERESTS IN LAND |
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1 Introduction to the Types of Property Rights in Land |
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3 | (22) |
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1.1 Real Property and Personal Property |
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7 | (1) |
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1.2 Property Rights Which Give Immediate Use and Enjoyment of Land |
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8 | (2) |
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1.3 Property Rights Against Land Owned by Other People |
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10 | (9) |
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1.4 Proof of Title to Land |
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19 | (6) |
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25 | (14) |
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25 | (1) |
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26 | (1) |
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2.3 Commonhold: A New Tenure for the Twenty-First Century |
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26 | (3) |
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29 | (1) |
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30 | (3) |
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33 | (1) |
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33 | (1) |
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2.8 Estates in Possession, Reversion, and Remainder |
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34 | (1) |
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2.9 Interests Under Trusts |
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35 | (4) |
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3 Creation of Legal and Equitable Rights in Land |
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39 | (30) |
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3.1 Legal and Equitable Property Rights |
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39 | (1) |
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3.2 Legal Estates and Interests and the 1925 Legislation |
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40 | (1) |
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3.3 Legal Estates Existing After 1925 |
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41 | (3) |
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3.4 Legal Interests Existing After 1925 |
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44 | (2) |
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3.5 Equitable Interests After 1925 |
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46 | (1) |
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3.6 Creation and Transfer of Legal Property Rights |
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47 | (2) |
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3.7 Creation of Equitable Interests in Land |
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49 | (1) |
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3.8 Creation of Equitable Interests in Land by Express Trust |
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50 | (1) |
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3.9 Creation of Equitable Interests by a Contract to Convey or Create a Legal Estate or Interest |
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51 | (9) |
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3.10 Limits on the Principle that a Contract Creates an Equitable Interest |
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60 | (2) |
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3.11 Grant of an Estate or Interest by a Person Who Owns Only an Equitable Interest |
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62 | (1) |
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3.12 Grants of Interests Which Can Exist Only in Equity |
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63 | (6) |
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4 Protection of Legal and Equitable Property Rights in Unregistered Land |
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69 | (32) |
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4.1 Legal and Equitable Property Rights: Case Study---High Chimneys |
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70 | (1) |
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4.2 Proof of Ownership---Title Deeds |
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70 | (1) |
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4.3 The Legal Property Rights of Olabode |
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71 | (1) |
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4.4 The Equitable Property Rights of Gianluca |
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72 | (1) |
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4.5 The Elements of the Doctrine of Notice |
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73 | (8) |
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4.6 Position of Successors in Title to a Purchaser Without Notice |
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81 | (1) |
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4.7 Registration of Land Charges |
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82 | (10) |
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4.8 Overreachable Equitable Interests |
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92 | (1) |
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4.9 Equitable Interests Still Subject to the Doctrine of Notice |
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93 | (8) |
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5 Registration of Title---the Basic Principles |
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101 | (24) |
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5.1 Registration of Title |
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102 | (1) |
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5.2 The Form of the Register |
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103 | (5) |
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5.3 Categories of Rights in Registered Land |
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108 | (1) |
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5.4 First Registration of Title |
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109 | (2) |
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5.5 Register of Estates, Not Register of Plots |
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111 | (1) |
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5.6 Procedure Where a Sale or Lease Gives Rise to First Registration |
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112 | (2) |
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114 | (3) |
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5.8 Conclusiveness of the Register---and Does That Extend to Beneficial Ownership? |
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117 | (1) |
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5.9 Dispositions of Registered Titles |
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118 | (2) |
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5.10 Procedure on Transfer of a Registered Title |
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120 | (5) |
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6 Interests Protected by Registration and Overriding Interests |
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125 | (40) |
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6.1 Interests in Land Protected by Registration |
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125 | (1) |
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6.2 Protection of Interests in Land |
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126 | (4) |
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6.3 Priorities of Interests in Registered Land |
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130 | (4) |
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6.4 Searches of the Register |
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134 | (1) |
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6.5 Overriding Interests (or Unregistered Interests Which Override Registered Dispositions) |
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134 | (31) |
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PART 4 ACQUISITION OF INTERESTSIN LAND (I) |
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165 | (40) |
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7.1 The Three Types of Trust Under the Old Law |
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166 | (1) |
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7.2 Criticism of the Old Law Governing Bare Trusts of Land |
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167 | (1) |
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7.3 Criticisms of Strict Settlements and the Settled Land Act 1925 |
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167 | (2) |
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7.4 Criticisms of the Trust for Sale |
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169 | (4) |
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7.5 The Definition of a Trust of Land |
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173 | (5) |
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7.6 The Need for Two Trustees for a Trust of Land |
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178 | (1) |
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7.7 Appointment, Retirement, and Removal of Trustees |
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179 | (3) |
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7.8 Method of Appointment of Trustees |
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182 | (1) |
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7.9 Unanimity of Trustees |
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183 | (1) |
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7.10 The Powers of Disposition of Trustees of Land |
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184 | (1) |
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7.11 The Trustees' Duties on Exercising Their Powers |
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185 | (6) |
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7.12 Exclusion and Restriction on Trustees of Land Powers of Disposition |
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191 | (5) |
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7.13 Delegation of Trustees' Powers to Beneficiaries |
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196 | (9) |
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8 Co-Ownership of Land---the Basic Principles |
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205 | (54) |
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8.1 The Two Forms of Co-Ownership Existing Today |
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206 | (1) |
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206 | (3) |
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209 | (4) |
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8.4 The Reform of Co-Ownership in 1925---the Main Objective |
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213 | (3) |
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8.5 Joint Tenancies in the Early Twentieth Century |
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216 | (3) |
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8.6 The Current Conveyancing Practice to Create an Express Trust |
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219 | (3) |
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8.7 No Express Declaration of a Trust---Joint Tenants or Tenants in Common? |
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222 | (1) |
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8.8 Resulting and Constructive Trusts: Introduction |
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223 | (6) |
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229 | (5) |
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8.10 Joint Legal Owners of the Property |
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234 | (7) |
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8.11 Severance of Joint Tenancies: Introduction |
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241 | (1) |
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8.12 Severance of a Legal Joint Tenancy is Impossible |
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241 | (1) |
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8.13 Methods of Severance |
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242 | (17) |
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9 Co-Ownership---the Resolution of Disputes |
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259 | (38) |
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9.1 The Effect of Imposing a Trust upon Co-Owners |
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259 | (1) |
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9.2 Tenancy in Common Arising Because There is an Implied Trust |
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260 | (9) |
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9.3 Sections 13--15 TOLATA 1996---Disputes Between Owners |
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269 | (15) |
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9.4 Bankruptcy of a Co-Owner |
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284 | (3) |
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9.5 The Modern Position of Co-Owners on a Marriage Break-Up |
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287 | (2) |
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9.6 Rights of Co-Owners in Equity---Are They Interests in Land? |
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289 | (1) |
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9.7 Law of Property (Joint Tenants) Act 1964 |
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289 | (1) |
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9.8 Co-Ownership of Registered Land |
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290 | (7) |
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PART 5 ACQUISITION OF INTERESTS IN LAND (II) |
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10 Licences and Proprietary Estoppel |
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297 | (44) |
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297 | (1) |
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298 | (1) |
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10.3 Licences Coupled with an Interest |
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298 | (1) |
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10.4 Contractual Licences |
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299 | (9) |
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308 | (1) |
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10.6 Proprietary Estoppel |
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308 | (19) |
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10.7 Satisfying the Equity |
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327 | (6) |
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10.8 Status of `An Equity' Before It Has Been Satisfied |
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333 | (8) |
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11 Leases---the Basic Requirements |
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341 | (37) |
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11.1 Characteristics of a Lease |
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342 | (1) |
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11.2 Duration of Leases---a `Term Certain' |
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342 | (8) |
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11.3 Some Concepts Related to the Law of Leases |
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350 | (2) |
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11.4 The Distinction Between Leases and Licences |
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352 | (18) |
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11.5 Formalities for Leases |
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370 | (8) |
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378 | (43) |
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12.1 Implied Landlords' Covenants |
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378 | (17) |
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12.2 Remedies for Breach of the Landlord's Covenants to Repair |
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395 | (5) |
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12.3 Tenant's Covenants---Express and Implied |
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400 | (4) |
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12.4 Covenants Against Assigning, Sub-Letting, and Parting with Possession |
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404 | (11) |
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12.5 Remedies Against a Tenant in Breach of Repairing Obligations |
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415 | (6) |
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13 The Running of Covenants in a Lease |
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421 | (21) |
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13.1 Case Study---Kirby House |
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421 | (1) |
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13.2 Pre-1996 Leases---Liability of Original Parties After Assignment |
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422 | (9) |
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13.3 The Landlord and Tenant (Covenants) Act 1995 |
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431 | (6) |
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13.4 Position of Equitable Leases |
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437 | (1) |
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13.5 Position of Sub-Tenants and Head Landlords |
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438 | (4) |
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442 | (29) |
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14.1 Ways in Which Leases May Terminate |
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442 | (3) |
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14.2 Forfeiture of Leases |
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445 | (2) |
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14.3 Waiver of Forfeiture |
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447 | (3) |
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14.4 Relief from Forfeiture |
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450 | (13) |
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14.5 Leasehold Property (Repairs) Act 1938 |
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463 | (8) |
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PART 7 INFORMAL ACQUISITION OF LEGAL ESTATES |
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15 Adverse Possession and the Limitation Acts |
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471 | (40) |
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15.1 Rationale of Adverse Possession |
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472 | (2) |
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15.2 Possession Gives a Right to Sue Trespassers |
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474 | (1) |
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15.3 The Limitation Act 1980 |
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475 | (1) |
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15.4 Commencement of Adverse Possession |
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476 | (3) |
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479 | (7) |
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15.6 Acquisition of Title by Adverse Possession |
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486 | (2) |
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15.7 The Effect of Adverse Possession |
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488 | (15) |
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15.8 Offence of Squatting in a Residential Building |
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503 | (8) |
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PART 8 PROTECTION FORTHE PURCHASEROF REGISTERED LAND |
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16 Rectification of the Register of Title |
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511 | (24) |
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16.1 Rectification of the Register (Other Than Adverse Possession) |
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511 | (2) |
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16.2 The Situations Where Rectification of the Register May Be Appropriate |
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513 | (12) |
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16.3 The Effect of Rectification on Priorities |
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525 | (1) |
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526 | (9) |
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17 The Essential Characteristics of Easements |
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535 | (23) |
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17.1 Preliminary Considerations |
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535 | (1) |
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17.2 Characteristics of an Easement: Re Ellenborough Park |
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536 | (1) |
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17.3 There Must Be a Dominant and a Servient Tenement |
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537 | (2) |
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17.4 The Easement Must Accommodate the Dominant Tenement |
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539 | (2) |
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17.5 The Easement Must Be Owned or Occupied by Different People |
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541 | (1) |
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17.6 `An Easement Must Be Capable of Forming the Subject Matter of a Grant' |
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542 | (13) |
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17.7 Access to Neighbouring Land Act 1992 |
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555 | (3) |
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18 Creation of Express and Implied Grant of Easements |
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558 | (23) |
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18.1 Creation of Easements (and Profits)---Legal or Equitable? |
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558 | (1) |
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18.2 Express Grant of Easements (and Profits) |
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559 | (1) |
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18.3 Express Reservation of Easements (and Profits) |
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560 | (1) |
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18.4 Implied Grant of Easements (and Profits) |
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561 | (12) |
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18.5 Implied Reservation of Easements |
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573 | (1) |
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18.6 Exclusion of the Rules Providing for Implied Grant and Reservation |
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574 | (1) |
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18.7 Compulsory Purchase and the Rules for Implied Grant |
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575 | (1) |
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18.8 Simultaneous Sales or Bequests |
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575 | (1) |
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18.9 Express or Implied Easements?---Legal or Equitable?---Overriding or Require Registration? |
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575 | (6) |
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19 Prescription for Easements (and Profits) |
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581 | (32) |
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19.1 Rules Common to All Three Forms of Prescription |
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582 | (8) |
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19.2 Prescription at Common Law |
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590 | (1) |
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19.3 Prescription by Lost Modern Grant |
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590 | (3) |
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19.4 Prescription Under the Prescription Act 1832 |
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593 | (10) |
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19.5 Prescriptive Easements and Profits as Legal Interests |
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603 | (1) |
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19.6 Extinguishment of Easements |
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603 | (10) |
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PART 10 FREEHOLD COVENANTS: RESTRICTIVE AND POSITIVE COVENANTS |
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613 | (46) |
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20.1 Case Study---Marchland Close |
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614 | (1) |
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20.2 Restrictive and Positive Covenants Distinguished |
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615 | (1) |
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20.3 Does the Burden or Benefit Run with the Land? |
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615 | (1) |
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20.4 Common Law: Does the Burden of a Covenant Run with the Land? |
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616 | (1) |
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20.5 Equity: Does the Burden of a Restrictive Covenant Run with the Land? |
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616 | (6) |
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20.6 Does a Covenant Bind the Original Parties? |
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622 | (2) |
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20.7 Does the Benefit of a Covenant Run with the Land? |
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624 | (1) |
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20.8 Common Law: Does the Benefit of a Covenant Run with Land? |
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625 | (3) |
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20.9 Equity: Does the Benefit of a Covenant Run with the Land? |
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628 | (17) |
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20.10 Possible Ways of Making Positive Covenants Run |
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645 | (3) |
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20.11 Restrictive Covenants as Equitable Interests |
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648 | (1) |
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20.12 Remedies to Enforce a Breach of a Covenant |
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649 | (4) |
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20.13 The Chaotic State of the Law on the Running of Benefits of Covenants |
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653 | (6) |
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21 Escaping from Restrictive Covenants |
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659 | (18) |
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659 | (1) |
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21.2 `Doing a Parkside Homes' |
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660 | (1) |
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21.3 Attempt to Buy Out the Dominant Owners |
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660 | (1) |
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21.4 Is the Freehold Subject to a Restrictive Covenant? What is the Scope of the Restrictive Covenant? Who Can Enforce It? |
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661 | (1) |
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21.5 Modification or Discharge of a Covenant Under s84(1) |
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662 | (7) |
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21.6 Balancing Interests of the Parties---Thin End of the Wedge' |
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669 | (8) |
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22 The Creation of Mortgages |
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677 | (14) |
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677 | (1) |
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22.2 Form of a Legal Mortgage of a Fee Simple Before 1926 |
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678 | (2) |
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22.3 Legal Mortgages After 1925---Unregistered Land |
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680 | (2) |
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22.4 Legal Mortgages of Registered Land |
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682 | (1) |
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22.5 Modern Types of Mortgages |
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683 | (1) |
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684 | (1) |
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22.7 Equitable Mortgages of Legal Estates |
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685 | (6) |
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23 The Remedies of Mortgagees |
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691 | (35) |
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23.1 Remedies of Legal Mortgagees---an Overview |
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691 | (1) |
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23.2 Action on a Mortgagor's Covenant to Repay |
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692 | (1) |
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23.3 Mortgagees Taking Possession |
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692 | (14) |
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23.4 The Mortgagee's Statutory Power of Sale |
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706 | (11) |
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23.5 Power to Appoint a Receiver |
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717 | (3) |
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720 | (1) |
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23.7 Remedies of an Equitable Mortgagee or Chargee |
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721 | (5) |
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24 The Operation of Mortgages |
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726 | (29) |
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24.1 Rights of the Mortgagor |
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726 | (11) |
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24.2 Leasing of the Mortgaged Property |
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737 | (2) |
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24.3 Vitiating Factor---Undue Influence |
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739 | (10) |
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24.4 Redemption of Mortgages |
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749 | (2) |
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24.5 Fire Insurance of the Mortgaged Property |
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751 | (4) |
| Index |
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755 | |
