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xiv | |
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xxxiv | |
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Table of Statutory Instruments |
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xl | |
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Table of European Legislation |
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xli | |
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xlii | |
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1 An Introduction To Modern Land Law |
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1 | (27) |
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1.1 The Nature and Scope of the Law of Real Property |
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3 | (4) |
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1.2 Types of Proprietary Right |
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7 | (3) |
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1.3 The Legal or Equitable Quality of Proprietary Rights |
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10 | (7) |
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1.4 The Consequences of the Distinction between Legal and Equitable Property Rights |
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17 | (2) |
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1.5 The 1925 Property Legislation and the Land Registration Act 2002 |
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19 | (1) |
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1.6 The Distinction between Registered and Unregistered Land |
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20 | (4) |
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24 | (4) |
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28 | (72) |
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2.1 The Basic Concept of Title Registration |
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30 | (3) |
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2.2 The Nature and Purpose of the System of Registered Land |
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33 | (2) |
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2.3 The Three Fundamental Operating Principles of Registered Land |
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35 | (3) |
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2.4 An Overview of the Registered Land System under the Land Registration Act 2002 |
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38 | (7) |
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2.5 The Operation of Registered Land: Titles |
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45 | (5) |
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2.6 The Operation of Registered Land: Unregistered Interests which Override |
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50 | (24) |
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2.7 The Operation of Registered Land: Protected Registered Interests under the Land Registration Act 2002 |
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74 | (8) |
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82 | (1) |
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2.9 The Operation of Registered Land: Overreaching |
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83 | (5) |
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2.10 Alteration of the Register |
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88 | (6) |
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2.11 Indemnity under the Land Registration Act 2002 |
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94 | (2) |
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2.12 An Overview of the Land Registration Act 2002 |
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96 | (1) |
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96 | (4) |
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100 | (31) |
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3.1 Unregistered Land: An Introduction to the System of Unregistered Conveyancing |
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101 | (2) |
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3.2 An Overview of Unregistered Land |
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103 | (4) |
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3.3 Titles in Unregistered Land |
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107 | (1) |
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3.4 Third-party Rights in Unregistered Land |
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108 | (1) |
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3.5 The Purchaser of Unregistered Land and the Protection of Legal Rights |
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109 | (1) |
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3.6 The Purchaser of Unregistered Land and the Protection of Equitable Interests: The Land Charges Act 1972 |
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110 | (11) |
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121 | (2) |
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3.8 A Residual Class of Equitable Interests in Unregistered Conveyancing |
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123 | (2) |
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3.9 Inherent Problems in the System of Unregistered Land |
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125 | (2) |
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3.10 A Comparison with Registered Land |
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127 | (1) |
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128 | (3) |
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131 | (70) |
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4.1 The Nature and Types of Concurrent Co-ownership |
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133 | (1) |
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133 | (3) |
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136 | (1) |
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4.4 The Effect of the Law of Property Act 1925 and the Trusts of Land and Appointment of Trustees Act 1996 |
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137 | (2) |
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4.5 The Distinction between Joint Tenancy and Tenancy in Common in Practice: The Equitable Interest |
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139 | (4) |
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4.6 The Statutory Machinery Governing Co-ownership |
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143 | (1) |
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4.7 The Nature of the Unseverable Legal Joint Tenancy: The Trust of Land |
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144 | (3) |
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4.8 The Advantages of the 1925 and 1996 Legislative Reforms |
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147 | (2) |
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4.9 The Disadvantages of the Trust of Land as a Device for Regulating Co-ownership |
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149 | (21) |
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4.10 The Express and Implied Creation of Co-ownership in Practice: Express, Resulting and Constructive Trusts |
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170 | (22) |
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192 | (4) |
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196 | (5) |
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5 Successive Interests In Land |
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201 | (19) |
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5.1 Successive Interests: In General |
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202 | (6) |
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5.2 Successive Interests under the Old Regime: The Strict Settlement and the Settled Land Act 1925 |
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208 | (7) |
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5.3 The Trust for Sale of Land before the Trusts of Land and Appointment of Trustees Act 1996 |
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215 | (1) |
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5.4 A Comparison between the Strict Settlement under the Settled Land Act 1925 and the Regime of the Trusts of Land and Appointment of Trustees Act 1996 |
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216 | (1) |
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217 | (3) |
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220 | (68) |
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6.1 The Nature of a Lease |
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221 | (2) |
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6.2 The Essential Characteristics of a Lease |
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223 | (10) |
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6.3 The Creation of Legal and Equitable Leases |
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233 | (8) |
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241 | (1) |
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6.5 Rules for Leases Granted before 1 January 1996 |
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242 | (17) |
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6.6 The New Scheme - The Law Applicable to Tenancies Granted on or after 1 January 1996: The Landlord and Tenant (Covenants) Act 1995 |
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259 | (9) |
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6.7 The Landlord's Remedies for Breach of Covenant |
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268 | (12) |
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6.8 The Tenant's Remedies for Breach of Covenant |
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280 | (1) |
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6.9 Termination of Leases |
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281 | (2) |
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283 | (5) |
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7 The Law Of Easements And Profits |
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288 | (50) |
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7.1 The Nature of Easements as Interests in Land |
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289 | (1) |
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7.2 The Essential Characteristics of an Easement |
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290 | (8) |
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7.3 Legal and Equitable Easements: Formalities |
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298 | (1) |
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298 | (2) |
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300 | (1) |
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7.6 The Significance of the Distinction between Legal and Equitable Easements in Practice: Easements and Purchasers of the Dominant or Servient Tenement |
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301 | (7) |
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7.7 The Creation of Easements |
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308 | (1) |
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308 | (2) |
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310 | (10) |
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7.10 Easements Resulting from Prescription |
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320 | (7) |
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7.11 Methods of Establishing an Easement by Prescription |
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327 | (3) |
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7.12 Improper or Excessive Use of Easements |
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330 | (1) |
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7.13 The Extinguishment of Easements |
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331 | (1) |
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7.14 A Note on Profits a Prendre |
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332 | (1) |
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332 | (1) |
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333 | (5) |
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338 | (33) |
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8.1 The Nature of Freehold Covenants |
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340 | (2) |
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8.2 The Relevance of Law and Equity and the Enforcement of Covenants |
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342 | (1) |
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8.3 The Factual Context for the Enforcement of Freehold Covenants |
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343 | (1) |
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8.4 Principle 1: Enforcing the Covenant in an Action between the Original Covenantor and the Original Covenantee |
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344 | (2) |
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8.5 Principle 2: Enforcing the Covenant against Successors in Title to the Original Covenantor - Passing the Burden |
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346 | (8) |
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8.6 Principle 3: Passing the Benefit to Successors in Title to the Original Covenantee |
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354 | (7) |
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8.7 Escaping the Confines of the Rules: Can the Burden of Positive Covenants Be Enforced by Other Means? |
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361 | (5) |
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8.8 Discharge and Modification of Restrictive Covenants |
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366 | (1) |
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366 | (1) |
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367 | (4) |
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371 | (17) |
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372 | (1) |
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9.2 The Essential Nature of a Licence |
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372 | (4) |
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376 | (10) |
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386 | (2) |
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388 | (26) |
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10.1 Proprietary Estoppel |
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389 | (1) |
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10.2 Conditions for the Operation of Proprietary Estoppel |
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390 | (11) |
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10.3 What Is the Result of a Successful Plea of Proprietary Estoppel? |
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401 | (2) |
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10.4 The Nature of Proprietary Estoppel and Its Effect on Third Parties |
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403 | (5) |
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10.5 Proprietary Estoppel and Constructive Trusts |
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408 | (3) |
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411 | (3) |
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414 | (52) |
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11.1 The Essential Nature of a Mortgage |
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415 | (5) |
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11.2 The Creation of Mortgages before 1926 |
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420 | (1) |
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11.3 The Creation of Legal Mortgages on or after 1 January 1926 |
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420 | (1) |
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11.4 Legal Mortgages of Freehold Estates before 13 October 2003 |
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421 | (1) |
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11.5 Legal Mortgages of Leasehold Estates: Unregistered Leases and Registered Leasehold Titles Mortgaged before 13 October 2003 |
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422 | (1) |
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11.6 Legal Mortgages of Registered Titles under the Land Registration Act 2002 |
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423 | (1) |
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11.7 Registration of Legal Mortgages under the Land Registration Act 2002 |
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424 | (1) |
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425 | (5) |
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11.9 The Rights of the Mortgagor: The Equity of Redemption |
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430 | (15) |
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11.10 The Rights of the Mortgagee under a Legal Mortgage: Remedies for Default |
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445 | (16) |
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11.11 The Rights of a Mortgagee under an Equitable Mortgage |
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461 | (1) |
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462 | (4) |
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466 | (34) |
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12.1 How Is Adverse Possession Established? The Rules Common to Unregistered and Registered Land |
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469 | (10) |
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12.2 Adverse Possession and Unregistered Land |
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479 | (9) |
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12.3 Adverse Possession under the Land Registration Act 1925 |
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488 | (1) |
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12.4 Adverse Possession under the Land Registration Act 2002 |
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489 | (7) |
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496 | (4) |
| Index |
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500 | |