Land Law: A Problem-Based Approach, 1st Edition (Paperback) book cover

Land Law

A Problem-Based Approach, 1st Edition

By Rebecca Kelly, Emma Hatfield

Routledge

536 pages

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pub: 2017-06-29
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Description

Problem-Based Learning is a way of learning that presents a practical problem scenario in the context of which learning is conducted. Normally students are taught law through the transmission of information about legal principles and not presented with problems until they have accumulated enough information to solve them. In PBL, discussion and analysis of the problem starts the process of learning, rather than acting as an end point. As a curriculum concept, it is becoming increasingly common in law schools as the use of problem scenarios helps to trigger awareness of legal issues and to engage interest by highlighting the real-world ramifications.

This new textbook creates a fresh approach to learning land law through the use of scenarios found in real-life which bring what is often perceived to be a dry and difficult subject to life. This helps both to engage the student and make the subject more accessible as well as demonstrating to students how land law actually operates in the real world. Land Law is often seen as an esoteric subject with lots of technicalities and complex vocabulary and students often forget the context in which it operates. With Land Law: A Problem-Based Approach, context is placed at the heart of learning. Students are learning through application rather than via an abstract set of rules and can therefore gain a deeper understanding of how land law works, not just what it is.

Unlike other textbooks, Land Law: A Problem-Based Approach integrates a thorough exposition of the law with practice, facilitating a more active learning approach and helping students to engage directly with the key cases and statutes to develop key skills of analysis, problem-solving and application. Written in a clear and concise style but without sacrificing detail or analysis, the book guides the reader towards a deeper understanding of the land law curriculum.

Key features include:

• An introductory chapter outlining the problem-based learning approach and how to use the book.

• Content overviews at the start of each chapter which provide a useful outline of the chapter’s content and the key principles

• PBL scenarios at the start of each chapter which provide the real-life context to each topic and help to familiarise readers with the legal language and style they will encounter. Together with the relevant supporting documents, these scenarios are referenced and integrated throughout the chapter

• ‘let’s put this into context’ boxes which require students to apply the law that they have learnt back to the problem scenario and offer opportunities to reflect and consolidate on the content covered

• Essential Cases and Essential Statutes boxes reinforce the essential role of cases and legislation in the development and application of land law and help students identify key cases and legislation for revision purposes

• Understanding Terminology boxes and an online glossary help students to get to grips with the technical terms and vocabulary unique to land law

• Tables and diagrams explain difficult concepts and rules, ideal for visual learners

• Tips and notes highlight key issues and make links between different aspects of the law without interrupting the flow of the text.

• Specimen exam-style questions are ideal for revision and help to provide opportunities to apply learning and practice exam technique

Table of Contents

CONTENTS

Guide to the Problem-Based Learning Series

Guide to the Website

Table of Cases

Table of Statutes

CHAPTER ONE – AN INTRODUCTION (REBECCA KELLY)

Studying Land Law

Using the Problem-Based Learning (PBL) Approach in Land Law

Features of this book

How to use this book

CHAPTER TWO – PROPERTY RIGHTS IN LAND (REBECCA KELLY)

Chapter Aims and Objectives

Property Rights

Classification of Property

The definition of land

Ownership of land

Discussion section

End of chapter summary

Essay question

Problem question

CHAPTER THREE – COMMON LAW AND EQUITY (REBECCA KELLY)

Chapter aims and objectives

Common law and equity

Legal interests in land

The requirement of a deed

Equitable interests in land

Exceptions to the requirements of S2 LP(MP)A 1989

Enforcement of equitable interests

The 1925 property legislation

Discussion section

End of chapter summary

Essay question

Problem question

CHAPTER FOUR – UNREGISTERED LAND (REBECCA KELLY)

Chapter aims and objectives

Problems with the former system

Land charges

Overreachable equitable interests

Equitable interests remaining subject to the doctrine of notice

Discussion section

End of chapter summary

Essay question

Problem question

CHAPTER FIVE – REGISTERED LAND (REBECCA KELLY)

Chapter aims and objectives

The aims of the Land Registration Acts

Substantively registrable titles

Structure of the register of title

First registration of title

Grades of title

Dispositions of a registered title

Third party rights in registered land

Process for transfer of registered land

Altering the register

Discussion section

End of chapter summary

Essay question

Problem question

CHAPTER SIX – LEASEHOLD (EMMA HATFIELD)

Chapter aims and objectives

The Basics

Essential characteristics of a lease

Types of leases

Creation of leases

Determination of tenancies

Discussion section

End of chapter summary

Essay question

Problem question

CHAPTER SEVEN – LEASEHOLD COVENANTS (EMMA HATFIELD)

Chapter aims and objectives

The Basics

The running of covenants

Remedies for breach of covenant

Discussion section

End of chapter summary

Essay question

Problem question

CHAPTER EIGHT – LICENCES (REBECCA KELLY)

Chapter aims and objectives

Meaning and creation of a licence

Enforcement between the original parties

Enforcement between successors in title

Discussion section

End of chapter summary

Essay question

Problem question

CHAPTER NINE – EXPRESS, RESULTING AND CONSTRUCTIVE TRUSTS (REBECCA KELLY)

Chapter aims and objectives

Express trusts

Resulting and constructive trusts

Express agreement and detriment

Discussion question

End of chapter summary

Essay question

Problem question

CHAPTER TEN – TRUSTS OF LAND (REBECCA KELLY)

Chapter aims and objectives

Concurrent interests (co-ownership)

Successive interests

The trust of land

Powers of the court

Protection for purchasers

Discussion section

End of chapter summary

Essay question

CHAPTER ELEVEN – CO-OWNERSHIP (EMMA HATFIELD)

Chapter aims and objectives

The basics

The two forms of co-ownership

Legal and equitable title

Creation of joint tenancies and tenancies in common in equity

Severance of joint tenancy

The trusts of land and appointment of trustees act 1996

End of chapter summary

Essay question

Problem question

CHAPTER TWELVE – EASEMENTS (EMMA HATFIELD)

Chapter aims and objectives

The basics

The characteristics and qualities of an easement

Acquisition of an easement or profit

Prescription

Protection of easements and profits

Extinguishment of easement / profit

Discussion

End of chapter summary

Essay question

Problem question

CHAPTER THIRTEEN – MORTGAGES (REBECCA KELLY)

Chapter aims and objectives

Why have mortgages?

Meaning and the creation of a legal mortgage

Equitable mortgages

Rights of a mortgagor

Rights of the mortgagee

Discussion section

End of chapter summary

Essay question

Problem question

CHAPTER FOURTEEN – FREEHOLD COVENANTS (EMMA HATFIELD)

Freehold covenants

Chapter aims and objectives

The original parties and enforceability of the covenants

Enforceability of covenants by successors in title

Protection of covenants

Remedies

Discharge of restrictive covenants

Discussion section

End of chapter summary

Essay question

Problem question

CHAPTER FIFTEEN – ADVERSE POSSESSION (REBECCA KELLY)

Chapter aims and objectives

Justifications for adverse possession

The requirements for adverse possession

The effect of adverse possession

Human rights

Criminal law and adverse possession

Discussion section

End of chapter summary

Essay question

CHAPTER SIXTEEN – PROPRIETARY ESTOPPEL (REBECCA KELLY)

Chapter aims and objectives

The meaning of proprietary estoppel

Establishing proprietary estoppel

Satisfying the equity

The proprietary status of a claim

Discussion section

End of chapter summary

Essay question

CHAPTER SEVENTEEN – COMMONHOLD (REBECCA KELLY)

Chapter aims and objectives

The meaning of commonhold

The benefits of commonhold

The requirements for commonhold land

Termination of commonhold

Discussion section

End of chapter summary

CHAPTER EIGHTEEN – THE CONVEYANCING OF LAND (EMMA HATFIELD)

Chapter aims and objectives

Initial matters

First steps

Investigating title

Searches

Exchange

Pre-completion

Day of completion

Late completion and delayed completion

End of chapter summary

Essay question

Problem question

INDEX

About the Authors

Emma Hatfield, LL.B(Hons), LL.M. FHEA is a senior law lecturer at the University of Huddersfield and a solicitor (non-practising). She teaches on all aspects of Land and Property Law and has written on areas of Commercial Property, Landlord and Tenant, Planning Law and Electronic Conveyancing. Emma’s particular research interest is electrification of the property system encompassing the transfer of property through non-paper based systems and their implementation.

Rebecca Kelly LL.B(Hons), LL.M. FHEA is a senior law lecturer at the University of Huddersfield. She teaches on all aspects of Land Law in addition to Equity and Trusts and has written on several areas of law including Landlord and Tenant, Estoppel and Constructive Trusts. Rebecca’s particular research interest is in relation to pedagogy with particular reference to student learning, teaching techniques and professional skills development.

About the Series

Problem Based Learning

This new textbook series creates a fresh approach to learning through the use of integrated realistic case studies designed to simulate how the law works in practice. Unlike other textbooks, books in the Problem-Based Learning series integrate a thorough exposition of the legal rules with applied problem-solving opportunities, highlighting the legal issues and providing essential context for the law.

In problem-based learning (PBL), learning always begins with a problem (or case study) which ‘kick starts’ the learning process. One of the main benefits of PBL is that it helps students to learn to be more independent in their studies, just as they will be in the world of employment. It teaches students to analyse questions, identify relevant legal issues, and collaborate with others. It is a fresh, active approach to learning, facilitated by the structure and features of the books in the Problem-Based Learning series, all of which include: case studies; Apply Your Learning boxes; Consider This boxes; key cases and statutes; and Tutor Tips.

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
LAW055000
LAW / Land Use
LAW074000
LAW / Property
LAW078000
LAW / Real Estate

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