Property Law, sixth edition




New product available - 9781408252611
688 pages
01 JUN 2008


'Property Law' provides students with a trustworthy and rigorous treatment of all areas of land and real property law.


Contents Table of casesTable of statutesTable of statutory instruments Part IIntroduction 1 Basic property principlesWhat is property? Ownership Some basic distinctions The new property 2 The central concerns of property law IntroductionWhat interests bind purchasers? Creation and transfer The rights of the parties The effect on purchasers 3 Human rightsThe Convention rights Enforcement of Convention rights Convention rights in the courts A. Human rights in the exercise of proprietary rights B. Horizontal effect? C. The impact of human rights on property principles 4 Trusts and equitable interests IntroductionTrusts The trust as a proprietary interest Other equitable interests Equities Equitable principles today 5 Property interests IntroductionLand A. Tenures B. Freehold estates C. Leases D. Commonhold E. Other interestsChattels Relative or absolute ownership? 6 The role of legislation and registration for land interests Introduction1. The 1925 legislation A. Restricting legal estates and interests B. Overreaching C. Registration of land charges D. Assessing the 1925 legislation2. Land registration3. Other modern legislation Part IIGeneral principles: creation and transfer of property interests 7 Original acquisition of property interests Introduction1. FindingA. Things found on, in or under the landB. Things found in chattelsC. Treasure2. Adverse possessionA. Justifications for adverse possessionB. Adverse possession against registered estatesC. Requirements for adverse possessionD. The effect of adverse possession3. FixturesA. General principlesB. Removable fixturesC. Is a right to remove fixtures a property interest? 8 The transfer and creation of property interests Introduction1. Deeds2. Contracts for sales and dispositions of interests in landA. Complying with the 1989 ActB. Enforcing contracts that do not comply with the 1989 ActC. ConclusionsD. Electronic conveyancing3. LandA. TransferB. Creation of interestsC. Electronic conveyancing4. ChattelsA. TransferB. Creation of interests5. Choses in actionA. Assignable rightsB. Statutory assignmentsC. Claims by the debtorD. Equitable assignmentsE. Creation of interests6. Declarations of trust and equitable interestsA. Declaration of trustB. Transfer of equitable interests7. Wills8. Restrictions upon transfers 9 Formalities: rationale and trusts Introduction1. The role of formality requirements2. Resulting and constructive trustsA. Presumptions of resulting trusts and advancementB. Transfers for fraudulent purposesC. Constructive trusts: an oral promise by a transferee to hold on trust for the transferorD. Constructive trusts: an oral promise by a transferee to recognise the rights of a third party 10 Formalities: estoppel Introduction1. The nature and use of estoppel2. When will an estoppel arise?A. The nature of the assumption or expectationB. Encouragement or acquiescence by the ownerC. DetrimentD. Reliance3. The effect of the estoppelA. Use as a swordB. The remedyC. Misconduct by the claimant4. The proprietary status of the estoppelA. The status of the estoppel before a remedy is givenB. Can the claimant transfer the benefit of an estoppel?5. Other means of getting round the formality requirementsA. Mutual benefit and burdenB. Donor doing all in his powerC. Rules relating to death 11 The family home Introduction1. Declaring the beneficial interests2. Transfer into joint names3. Transfer into a single name: early developmentsA. Alternative ideas in the 1960sB. Pettitt and GissingC. The common intention constructive trust4. Post Gissing developmentsA. The new model constructive trustB. Forms of contributionC. Common intention after purchase; improvementsD. Express common intentionsE. Common intention without contribution or actual agreement?F. Assessing the shares: resulting and constructive trustsG. Accounting5. Looking to the future6. Constructive trusts and estoppel: the linksA. Protection of the estoppel by constructive trustB. Similarities between constructive trusts and estoppelC. Court comparisonsD. Is common intention the same as assumption or expectation?E. Detrimental relianceF. The form of the remedyG. The remedy and purchasersH. Tentative conclusions 12 Purchasers: general principles and the need for registration Introduction1. Rules for legal interests2. The development of equitable rules3. The doctrine of noticeA. Bona fideB. Purchaser for valueC. Legal estateD. NoticeE. Other considerations4. Two competing equitable interests5. Priority rules for equities6. The time order7. Assessing the legal and equitable rules8. Registration as a solution9. The land charges scheme 13 Purchasers: registration of title 1. The scheme and its objectives 2. Types of interestsA. Registrable interests: first registrationB. Registrable dispositionsC. Minor interestsD. Overriding interests3. AlterationA. Grounds for alteration and rectificationB. The proprietor in possessionC. Deciding whether to order alterationD. The effect of rectificationE. Assessment of alteration4. IndemnityA. Rights to indemnityB. ForgeriesC. Overriding interests and indemnityD. Restrictions on indemnityE. Are rectification and indemnity complementary?F. The significance of indemnity5. Assessing land registration6. The operation of the rules of law and equity within the registration system Part III Rights to enjoy land: estates and commonhold 14 Successive and concurrent interests: introduction Introduction 1. The recognised interests 2. Legal regulation 15 Joint tenancy and tenancy in common Introduction 1. Joint tenancy or tenancy or tenancy in common?A. The four unitiesB. Words of severanceC. Equitable presumption of tenancy in common 2. Severance of the joint tenancyA. The old forms of severanceB. Section 36(2): notice in writingC. Public policyD. Conclusions 3. Do we need both the joint tenancy and the tenancy in common? 16 Trusts of land Introduction 1. When is there a trust of land?A. Successive interestsB. Joint tenancyC. Tenancy in commonD. Bare trusts and special casesE. Other cases? 2. OccupationA. BackgroundB. Trusts of Land and Appointment of Trustees Act 1996C. Civil partnerships, spouses, cohabitants and associated personsD. Rent and other financial adjustments 3. Management of the landA. SaleB. Partition and termination of trusteeshipC. Delegation4. Protecting purchasers: overreachingA. The need for two trusteesB. ReformC. Consent requirementsD. Protection against irregularities5. Trusts for sale 17 Successive interests Introduction 1. The rule against perpetuities 2. The nineteenth-century need for reform of successive interests 3. The strict settlement and the Settled Land Act 19254. Trusts for sale5. Reform under the Trusts of Land and Appointment of Trustees Act 19966. Beneficiary control over management 18 Leases: types and requirements Introduction 1. Requirements of leasesA. Certainty requirements: rent, commencement and lengthB. Exclusive possession 2. Types of tenanciesA. Term of years absoluteB. Periodic tenanciesC. Tenancy at willD. Tenancy at sufferanceE. Equitable leasesF. Tenancies by estoppelG. Special cases 19 Leases: obligations and remedies Introduction 1. The operation of contract principles 2. Interference with the tenantĀ s holding and use of the land 3. Repairing obligationsA. Obligations on tenantsB. Obligations on landlordsC. Enforcing repairing obligationsD. Liability for personal injuriesE. ReformForfeiture A. The operation of forfeiture B. Protection for residential tenantsC. WaiverD. Relief: non-payment of rentE. Relief: non-rent breachesF. ReformDistress and commercial rent arrears recovery 20 Leases: parties and the running of covenants Introduction 1. Assignment and sublettingA. The power to assign and subleaseB. Assignment or sublease?C. Common restrictionsD. Concurrent leases 2. Enforcing covenants after assignmentA. Privity of estate: general rulesB. Which covenants run?C. Breaches before assignmentD. Breaches after assignmentE. Equitable leases and equitable assignments 3. Subleases 21 Commonhold 1. Nature and origins 2. Principal commonhold rulesA. Becoming commonhold landB. Commonhold association and commonhold community statementC. Common partsD. Units 3. How successful is commonhold?A. The use of commonhold so farB. & Overview Part IVOther interests in land 22 Licences Introduction 1. Forms of licencesA. Bare licencesB. Licences coupled with an interestC. Contractual licencesD. Constructive trustsE. Estoppel licencesF. Other analyses 2. Creation and transfer of licences 3. The relationship constituted by the licenceA. Trespass and nuisanceB. Comparisons with leases 23 Easements and profits 1. IntroductionA. Restrictive covenantsB. Natural rightsC. Public rightsD. Rights of fluctuating bodies 2. What can be an easement or profit?A. ProfitsB. Easements 3. The creation and transfer of easements and profitsA. Implied easementsB. PrescriptionThe relationship constituted by easements and profits A. Extent of the right B. User must be limited to dominant tenement C. Repair D. Conduct by the servient ownerTermination of easements and profits A. Common ownershipB. Abandonment 24 Covenants Introduction 1. Positive covenantsA. Running of the burdenB. The benefit of positive covenants 2. Restrictive covenantsA. The limitation to restrictive covenantsB. Dominant tenementC. The running of the benefitD. Modification 3. Enforcement of covenants 4. Reform 25 Mortgages Introduction 1. Forms of mortgages 2. Creation of mortgages 3. Vitiating factorsA. Undue influenceB. Is the lender put on inquiry?C. Consequences of being put on inquiryD. The solicitorĀ s certificateE. Other factors 4. The relationship constituted by the mortgageA. Rules protecting the mortgagorB. Rights and remedies of the mortgagee Index