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OverviewLand law is of great importance in the commercial and financial sphere, as well as in the domestic life of the nation. But the issues involved and their practical resolution are complex. Land Law gives the reader a sound knowledge of the current law relating to land. It is suitable for students on GDL and LLB courses and is targeted at those new to studying law and coming to grips with the subject under time pressure. The book aims to provide clarity and focus to guide students through the rules without glossing over the technicalities found in this fascinating area of the law. It provides frameworks to apply to land law problems and considers ‘real world’ issues in contemporary land law. Features in the book include key case summaries; discussion of the law in practice and reform proposals; examples, diagrams and flowcharts to help understanding; further reading sections; and test your knowledge questions. Full Product DetailsAuthor: Louise Glover , Kate Campbell-PillingPublisher: Hall and Stott Publishing Ltd Imprint: Hall and Stott Publishing Ltd Edition: 2nd Revised edition Dimensions: Width: 18.90cm , Height: 2.20cm , Length: 24.60cm ISBN: 9781916243170ISBN 10: 1916243177 Pages: 300 Publication Date: 14 June 2021 Audience: College/higher education , Tertiary & Higher Education Format: Paperback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of Contents1 Introduction to Land Law 1.1 Introduction 1.2 What is ‘land’? 1.3 What rights can exist in land? 1.4 Law and equity 1.5 Trusts of land 1.6 Proprietary rights vs personal rights 1.7 How are rights created or transferred? 1.8 In what circumstances will rights be binding on a purchaser of land? 1.9 Complementary and competing interests in land 1.10 Human rights 1.11 Further reading 2 Acquisition 2.1 Possession as the basis for acquisition 2.2 Adverse possession 2.3 Formalities 2.4 Stages in a typical transaction 2.5 Trust 2.6 Why are formalities important? 2.7 Informal means of obtaining an estate or interest in land 2.8 Further reading 3 Unregistered Land 3.1 Modernisation of land law 3.2 Reduction in the number of legal estates and interests 3.3 Overreaching 3.4 Registered and unregistered land 3.5 Unregistered land 3.6 Further reading 4 Registration of Title 4.1 Introduction 4.2 Registration of title 4.3 The principal objectives of a system of registered land 4.4 The overall scheme of registered land in England and Wales 4.5 Mirror principle 4.6 Curtain principle 4.7 Insurance or indemnity principle 4.8 Electronic conveyancing – the future? 4.9 Further reading 5 Registered Land Priority Rules 5.1 Introduction 5.2 Basic rule 5.3 Special priority rule 5.4 Interplay between ss 28 and 29 of the LRA 2002 5.5 Protection of earlier interests 5.6 Overriding interests 5.7 Comparison between registered and unregistered land priority rules 5.8 Further reading 6 Co-ownership and Trusts of Land 6.1 What is co-ownership? 6.2 Joint tenancy 6.3 Tenancy in common at equity 6.4 What was the problem with co-ownership and how did the Law of Property Act 1925 help? 6.5 Joint tenancy or tenancy in common of the equitable title? 6.6 Severing a joint tenancy in equity 6.7 Some history: the trust for sale and the doctrine of conversion 6.8 Trusts of Land and Appointment of Trustees Act 1996 6.9 Further reading 7 Use of Leases, Lease Characteristics, Formalities, Licences and Forms of Lease 7.1 What is a lease? 7.2 Essential characteristics of a lease 7.3 Formalities 7.4 Why do we need to distinguish between a lease and a licence? 7.5 Types of lease 7.6 Further reading 8 Privity of Contract and Privity of Estate, Enforceability of Covenants and the Landlord and Tenant (Covenants) Act 1995 8.1 Privity of contract and privity of estate 8.2 Enforceability of covenants 8.3 Some comfort for landlords 8.4 Subleases 8.5 Further reading 9 Lease Clauses, Breaches and Ending a Lease 9.1 Lease structure and clauses 9.2 Remedies for breach of covenant 9.3 The end of the lease 9.4 Further reading 10 Mortgages: Concept, Creation and Protection 10.1 Introduction 10.2 What is a mortgage? 10.3 Terminology 10.4 ‘Once a mortgage always a mortgage’ 10.5 How to create and protect a legal mortgage 10.6 Formalities and registration requirements for a legal charge 10.7 Relationship between a mortgagee and third parties with rights in the mortgaged land 10.8 When might a lender want or end up with an equitable charge? 10.9 Further reading 11 Mortgages: Lender Enforcement Rights and Borrower Protection 11.1 Introduction to mortgagee enforcement rights 11.2 Right to payment 11.3 Taking possession 11.4 Sale 11.5 Appointing a receiver 11.6 Foreclosure 11.7 Application of proceeds of sale 11.8 Powers of an equitable mortgagee 11.9 Further reading 12 Setting Aside a Mortgage for Undue Influence or Misrepresentation 12.1 Introduction 12.2 Misrepresentation 12.3 Undue influence 12.4 Does a mortgagee have other remedies? 12.5 Further reading 13 Easements 13.1 What does an easement do? 13.2 Profits a prendre 13.3 Four essential characteristics of an easement 13.4 Creation of easements 13.5 Scope of easements 13.6 Abandonment of an easement 13.7 Commercial issues 13.8 Restrictive covenants 13.9 Further reading 14 Covenants 14.1 What is a covenant? 14.2 Burden of covenants at law 14.3 Burden of covenants in equity 14.4 Tests to determine if a restrictive covenant runs with the land 14.5 Benefit of covenants 14.6 Exceptions to the non-transmissibility of the benefit of a covenant 14.7 Limits of covenants or has there been a breach? 14.8 Protection 14.9 Remedies 14.10 Discharge and modification of restrictive covenants 14.11 Reflection 14.12 Private law and public law 14.13 Reform 14.14 Alternatives to covenants 14.15 Further readingReviewsAuthor InformationLouise Glover is Director of Civic Engagement in the School of Law at The University of Sheffield. She joined the School in September 2010 and teaches Property Law (Land Law and Equity & Trusts) and the Law of Restitution, and has also taught Property Law & Practice and Business Law & Practice at the University’s Centre for Professional Legal Education. She provides employability advice to students who wish to enter the legal profession and directs the Commercial Law student pro bono group. Kate Campbell-Pilling qualified as a solicitor in 1999 and specialised in commercial property acting for clients in both freehold and leasehold transactions. In 2004 she moved from practice to teach law at The University of Sheffield. She primarily teaches on the Legal Practice Course and the GDL in Law. Kate is currently developing an innovative undergraduate module bringing commercial property and legal practice into the academic sphere. Tab Content 6Author Website:Countries AvailableAll regions |
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