{"title":"8. Acquisition of Interests in the Home","authors":"Martin George, A. Layard","doi":"10.1093/HE/9780198828020.003.0008","DOIUrl":"https://doi.org/10.1093/HE/9780198828020.003.0008","url":null,"abstract":"Co-ownership of land can involve a number of quite different relationships. One type of relationship, which has caused the most anxiety, is that between cohabiting couples in an intimate relationship. Much of the case law dealing with the acquisition of interests in land has arisen in the context of disputes over ownership of the family home. In the case of the matrimonial home, such disputes became possible only in 1882. This chapter, which explores legal issues concerning co-ownership of matrimonial property in England, focusing on acquisition of interests in the matrimonial home, first discusses the creation of co-ownership before turning to express declarations of ownership. It also considers resulting, implied, and constructive trusts as well as joint ownership of the legal title, sole ownership of the legal title, contributions and resulting trusts, purchase money resulting from trusts, and reform of the law on co-ownership.","PeriodicalId":296366,"journal":{"name":"Thompson's Modern Land Law","volume":"174 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129488563","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"12. Easements","authors":"Martin George, A. Layard","doi":"10.1093/he/9780198828020.003.0012","DOIUrl":"https://doi.org/10.1093/he/9780198828020.003.0012","url":null,"abstract":"An easement is a form of third party right that allows one to enjoy the benefits of land ownership. Some examples of such rights are rights of way, rights of light, the right to use a washing line on a neighbour’s land, the right to use a neighbour’s lavatory, and the right to park a car on another person’s land. The easement must exist for the benefit of land and cannot exist in gross. The rule that an easement cannot exist in gross has been a controversial subject. This chapter, which explores the nature of easements and considers their related concepts such as natural rights, public rights, restrictive covenants, and licences, also discusses legal and equitable easements, the creation of easements, and proposals for reform of the law on easements.","PeriodicalId":296366,"journal":{"name":"Thompson's Modern Land Law","volume":"516 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123084029","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"6. Adverse Possession","authors":"Martin George, A. Layard","doi":"10.1093/HE/9780198828020.003.0006","DOIUrl":"https://doi.org/10.1093/HE/9780198828020.003.0006","url":null,"abstract":"According to Section 17 of England’s Limitation Act 1980, a person who loses the right to recover possession of land also loses his title to that land. The corollary is that the person who takes possession of the land acquires ownership rights. In cases where title is unregistered, English Land Law provides that ownership of land or, more accurately, estates in land, is a relative concept. In a dispute over entitlement to possession of land, the court must determine which of the two claimants has a better right to possess, rather than who is the owner. This chapter explains legal aspects of possessing land titles in England. After providing an overview of land ownership and possession, it discusses the rationale of the statute of limitation, the link between registered land and human rights, limitation under the Limitation Act 1980, the accrual of a right of action, and adverse possession.","PeriodicalId":296366,"journal":{"name":"Thompson's Modern Land Law","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126519707","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"13. Freehold Covenants","authors":"Martin George, A. Layard","doi":"10.1093/HE/9780198828020.003.0013","DOIUrl":"https://doi.org/10.1093/HE/9780198828020.003.0013","url":null,"abstract":"People who wish to develop their land, or build upon it, must obtain planning permission, applications for which are made public and those who may be affected by the action may make representations. The law governing this area is a highly complex one and involves the public control of land use. Private control of land use involves landowners seeking to regulate how land is used within a particular locality. This chapter deals with covenants made between freeholders and how successors in title to the original parties to the covenant can either acquire the benefit of a covenant or take subject to the burden of it. It first discusses the privity of contract before turning to the transmission of covenants, common law, equity, and restrictive covenants, and also considers remedies available in case a breach of covenant arises, discharge of covenants, and positive covenants.","PeriodicalId":296366,"journal":{"name":"Thompson's Modern Land Law","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133087299","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"5. Registration of Title","authors":"Martin George, A. Layard","doi":"10.1093/he/9780198722830.003.0005","DOIUrl":"https://doi.org/10.1093/he/9780198722830.003.0005","url":null,"abstract":"The 1925 legislation was enacted in part to encourage the development of the registration of title to land, to which end the basic doctrines of substantive Land Law had to be simplified. Thereafter, the legislation’s ultimate goal has been to make sure that all land titles in England and Wales are registered. Registration of title aims to facilitate the security of land ownership and land transfer. This chapter focuses on the registration of land titles in England and Wales. After providing an overview of the basics of title registration, it discusses the Land Registration Act 2002, registrable interests, registration with an absolute title, third party rights, unregistered interests which override registration, titles that are less than absolute, dealings with registered land, and indemnity as a result of alteration of register.","PeriodicalId":296366,"journal":{"name":"Thompson's Modern Land Law","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122019017","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"1. Introduction to Property and Land","authors":"Martin George, A. Layard","doi":"10.1093/HE/9780198828020.003.0001","DOIUrl":"https://doi.org/10.1093/HE/9780198828020.003.0001","url":null,"abstract":"Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is the third party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.","PeriodicalId":296366,"journal":{"name":"Thompson's Modern Land Law","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126159067","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"15. Licences","authors":"Martin George, A. Layard","doi":"10.1093/he/9780198828020.003.0015","DOIUrl":"https://doi.org/10.1093/he/9780198828020.003.0015","url":null,"abstract":"In recent times, there has been considerable development with respect to determining how rights in land can be created and the implications of such rights for purchasers of land. Licences are not considered full proprietary rights but provide an interesting area where the law seeks to protect licensees from both the licensor and, in some cases, the purchaser. It is an area of law where the courts have had to deal with informal relationships and try to balance the conflicting pressures of the satisfaction of legitimate expectations with the desire for security of transactions. This chapter focuses on licences: it first considers the nature of licences before turning to contractual licences and the licensee’s rights, and contractual licences and third parties.","PeriodicalId":296366,"journal":{"name":"Thompson's Modern Land Law","volume":"121 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130990349","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"9. The Legal Framework of Co-ownership","authors":"Martin George, A. Layard","doi":"10.1093/HE/9780198828020.003.0009","DOIUrl":"https://doi.org/10.1093/HE/9780198828020.003.0009","url":null,"abstract":"Co-ownership of land imposes a trust, which was originally a trust for sale but is now simply a trust of land, and which is imposed mainly because it is essential to determine, separately, the position of the co-owners in law and at equity. This is attributed to the legal framework that governs co-ownership. In the past, land could be co-owned via four different methods—joint tenancies, tenancies in common, tenancies by entireties, and coparceny—the first two of which remain important, while the last two are now virtually nonexistent. This chapter examines the legal framework under which co-ownership of land takes place. It first considers joint tenancies and tenancies in common before turning to co-ownership after 1925, severance and implied severance, acts of severance, disputes between co-owners, and disputes over sale.","PeriodicalId":296366,"journal":{"name":"Thompson's Modern Land Law","volume":"258 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131196848","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"2. Tenure and Estates","authors":"Martin George, A. Layard","doi":"10.1093/he/9780198722830.003.0002","DOIUrl":"https://doi.org/10.1093/he/9780198722830.003.0002","url":null,"abstract":"The doctrine of estates appears to be a logical consequence of tenure. The theory underpinning Land Law in England is that all land belongs to the Crown and that people held the land from the Crown, originally, in return for the performance of services. In this case, the tenants did not actually own the land itself, but only held an interest, or estate, in the land. Certain incidents of ownership can be divided between different people at different times, a process facilitated by the doctrine of estates. This chapter focuses on the doctrines of tenure and estates. It discusses freehold estates, which include the fee simple, the life estate, and the fee tail, as well as the co-existence of estates, ownership and possession of land, and leasehold estates.","PeriodicalId":296366,"journal":{"name":"Thompson's Modern Land Law","volume":"250 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114280461","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"11. Mortgages","authors":"Martin George, A. Layard","doi":"10.1093/he/9780198828020.003.0011","DOIUrl":"https://doi.org/10.1093/he/9780198828020.003.0011","url":null,"abstract":"A mortgage is a form of security for a loan, the purpose of which is often to finance the purchase of a house. This type of mortgage is known as acquisition mortgage. The house can also be used as security for other borrowing (for example, to pay for an extension to a house) or to finance a small business. Such mortgages are generally termed second, or even third, mortgages. The person who creates the mortgage is called the mortgagor and the person in whose favour it is created is called the mortgagee. The mortgagee is a secured creditor and can transfer the mortgage to another person. This chapter, which focuses on the nature of mortgages and how they are created, also discusses the role of mortgages, types of mortgage, rights of the mortgagor, rights and remedies of the mortgagee, and priority of mortgages.","PeriodicalId":296366,"journal":{"name":"Thompson's Modern Land Law","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128743412","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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