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
Biography
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.






