Making sense of land law / April Stroud.

Previous ed. 2008.

Includes bibliographical references and index.

Table of Cases -- Table of Legislation -- 1. The essence of Land Law -- Introduction -- The ownership of land -- Law and equity -- The process of buying and selling land -- Personal and proprietary rights in land -- The whole picture -- Reform -- Further reading -- 2. Rights in land before -- Introduction -- The rule governing legal rights in land before -- The rule governing equitable rights in land before -- 3. Rights after 1925 in unregistered land -- Introduction -- The Land Charges Acts of 1925 and -- The unregistered land system in operation -- Summary of the land charges system -- Using the Land Charges Act -- The advantages and disadvantages of the Land Charges Act -- Summary of the advantages and disadvantages of the Land Charges Act -- Buying and selling unregistered land -- Further reading -- 4. Registered land -- Introduction -- The Registers of the Land Registration Act -- The basic principles behind the Land Registration Acts 1925 and -- Distinguishing between 'first registration of title' and 'dispositions of registered land -- Events which trigger the first registration of land that was previously unregistered land -- Dealing with land when it is already registered -- The interaction between interests that override and interests entered as a notice or -- protected by a restriction -- The effect of complying with the requirements of the Land Registration Act -- viii Contents -- The effect of not complying with the requirements of the Land Registration Act -- Alteration and rectification of the register -- The advantages and disadvantages of the Land Registration Act -- Buying and selling in registered land -- Further reading -- 5. Adverse possession -- Introduction -- The rationale for adverse possession -- The essentials of adverse possession -- Possession -- Period of time requirements for adverse possession -- Possible results of a claim to adverse possession -- A question on adverse possession -- Adverse possession and human rights -- Further reading -- 6. The use of trusts in land -- Introduction -- The origins of the trust -- An overview of the use of trusts in land -- 7. Successive interests in land -- Introduction -- The nature of successive interests in land -- Successive interests held under a strict settlement before -- Successive interests held under a trust for sale before -- Successive interests in land after -- 8. Express co-ownership in land -- Introduction -- The nature of express co-ownership -- The joint tenancy -- The tenancy in common -- Express co-ownership -- Severance -- The type of trust in express co-ownership before -- The type of trust in express co-ownership after -- A question on express co-ownership and severance -- Further reading -- 9. Implied co-ownership in land - resulting and constructive trusts -- Introduction -- The nature of resulting and constructive trusts -- Resulting trusts -- Constructive trusts -- Other means by which to claim an interest in the family home -- The structure of resulting and constructive trusts before -- The structure of resulting and constructive trusts after -- Reform -- Contents -- A question on interests arising under a resulting or constructive trust -- Further reading -- 10. The Trusts of Land and Appointment of Trustees Act -- Introduction -- A summary of trusts in land so far -- The Trusts of Land and Appointment of Trustees Act -- The Trusts of Land and Appointment of Trustees Act 1996 applied to successive -- interests in land -- The Trusts of Land and Appointment of Trustees Act 1996 applied to express -- co-ownership interests in land -- The Trusts of Land and Appointment of Trustees Act 1996 applied to implied -- co-ownership interests -- A question on the application of the Trusts of Land and Appointment of Trustees Act -- 1996. when there are successive interests in land -- A question on the application of the Trusts of Land and Appointment of Trustees Act -- 1996. when there is express co-ownership in land -- A question on the application of the Trusts of Land and Appointment of Trustees Act -- 1996. when there is implied co-ownership under a resulting or constructive trust -- Further reading -- 11. Overreaching and the protection of interests under a trust of land -- Introduction -- Interests that can be overreached -- Action which must be taken in order to overreach an equitable interest under a trust -- of land -- The situations in which overreaching applies -- The effect of not overreaching an equitable interest under a trust of land -- A question on overreaching when there are successive interests in land -- A question on overreaching when there is express co-ownership in land -- A question on overreaching when there are interests arising under a resulting or -- constructive trust -- Further reading -- 12. Proprietary estoppel -- Introduction -- The elements of proprietary estoppel -- The nature of the interest -- The range of remedies available to satisfy a claim -- The protection of estoppel rights -- The differences between a proprietary estoppel-based claim and a constructive -- trust-based claim -- A question on proprietary estoppel -- Constructive trusts, proprietary estoppel and the requirements of section 2 of the -- Law of Property (Miscellaneous Provisions) Act -- Further reading -- 13. Licences -- Introduction -- Bare licences -- Contractual licences -- A licence coupled with the grant of a property right -- Further reading -- x Contents -- 14. Freehold covenants -- Introduction -- The nature of a freehold covenant -- Including strangers in the contract -- Assigning the benefit of the covenant to future purchasers -- The running of the benefit at common law -- The running of the benefit in equity -- The running of the burden at common law -- The running of the burden in equity -- The modification or discharge of a restrictive covenant -- Remedies for the breach of a restrictive covenant -- Reform -- Commonhold -- How to use the Boxes in this chapter -- A question on freehold covenants -- Restrictive covenants and the discussion on section 78 of the Law of Property Act -- Further reading -- 15. Leases -- Introduction -- The essence of a lease -- The effect of not meeting the requirements for a lease -- The distinction between a lease and a licence -- The creation of a lease -- The protection of a lease -- The effect of a contractual licence on a third party -- A question on leases -- The mystery of the non-proprietary lease -- Taking possession and human rights -- Further reading -- 16. Leasehold covenants -- Introduction -- A landlord's covenant that the leased premises are fit for habitation -- A landlord's covenant for quiet enjoyment -- A landlord's covenant not to derogate from his grant -- A tenant's covenant to pay rent -- Covenants to repair -- A landlord's covenant to repair -- A tenant's covenant to repair -- A covenant by the tenant not to assign or sublet the leased premises -- Other aspects of leases -- Reform -- The enforceability of leasehold covenants -- The enforceability of leasehold covenants in leases created before -- The liability of a tenant to be sued -- The ability of a landlord to sue -- The ability of a tenant to sue -- The liability of a landlord to be sued -- The unsatisfactory position of the tenant before -- Contents -- The enforceability of leasehold covenants in leases created after -- The liability of a tenant to be sued -- The ability of a landlord to sue -- The ability of a tenant to sue -- The liability of a landlord to be sued -- The enforceability of leasehold covenants in a sublease -- Two questions on the enforceability of leasehold covenants -- Further reading -- 17. Easements -- Introduction -- The essence of an easement -- The effect of not meeting the conditions for the essence of an easement -- The creation of an easement -- The effect of not creating an easement in a recognised way -- The protection of an easement -- Remedies for unlawful interference with an easement and how easements come to -- an end -- Reform -- A question on easements -- Easements - the interpretation of section 62 of the Law of Property Act -- Further reading -- 18. Mortgages -- Introduction -- The creation of a mortgage -- The right to redeem a mortgage -- The equity of redemption -- Restrictions on the right to redeem -- Unfair collateral advantages imposed by the lender -- Undue influence -- The remedies of the mortgagee (the lender) on default of the mortgage repayments -- The rights of the mortgagor (the borrower) on default of the mortgage repayments -- The priority of mortgages -- The tacking of mortgages -- A question on mortgages -- Mortgages and human rights -- Further reading -- Annex: A brief explanation of human rights law -- Index.

Machine converted from AACR2 source record.