1st Edition

Land Law A Problem-Based Approach

By Rebecca Kelly, Emma Hatfield Copyright 2017
572 Pages
by Routledge

572 Pages
by Routledge

572 Pages
by Routledge

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... Read more

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.