NTU - Land Law Guidance Text 2008-2009

Distance Learning Materials
Land Law
GUIDANCE TEXT
2008
• • • •
2009
2008
• • • •
Land Law
2009 Guidance Text
Notes on using this Guidance Text
The purpose of these guidance notes is to provide a link between the following:
Textbook - Roger Sexton’s Land law. This provides the primary resource to be
used in supporting study on this module.
Online resource centre – This contains selected extracts from primary sources and
twice-yearly updates to the provided textbook. Further details can be found on the
back of the textbook (as above).
Casebook – Maudsley & Burn’s Land law Cases & Materials.
Statute book – You may wish to purchase separately a statute book containing
legislation relevant to the module. Statute books can be taken into your
examination subject to detailed rules to be found in your student handbook. It is
important to speak to your tutor before purchase. We suggest Blackstone’s Statutes
on Property Law by Meryl Thomas.
The textbook is closely (although not exactly) tailored to our syllabus. It is written in a
practical and accessible way by a very well respected (now retired) senior lecturer from
Nottingham Trent University, Roger Sexton, who always had the students’ interests
uppermost in his mind and wrote accordingly. We hope that you enjoy the text and
recommend that you start at the front and work through it in order, unless you are advised
to do otherwise. Please note that there is a comprehensive index of commonly used legal
terms at the back of the textbook, which you will almost certainly find useful.
The textbook contains many questions for you to attempt to answer as you work through
your studies. The answers to these questions are given either as you read on or
alternatively at the back of the book. The more practice you have in answering these
questions, the more at ease you will feel with the subject.
You should read through the relevant chapters first and attempt to answer the questions as
you encounter them in the text, assessing your understanding with reference to the
answers provided. Then, try to provide answers to the questions contained in this guidance
text. If you have difficulty at any time, see the hint below the question for guidance as to
where to look to find the answer.
Whilst the textbook should be studied in depth, the casebook should be consulted when
necessary to elaborate on an area or to explain a difficult point. It is not necessary to read
the casebook from cover to cover. Having said that, it is an excellent and very well
respected academic work.
As for cases and statutes, full details are not always included in these notes and where they
are not, full citations can be found at the front of the textbook and casebook. Extracts and
full statutes can be found in the statute book. Please note that the casebook should contain
most of the important statutes needed and they will also be referred to in the text.
It is hoped that these notes will provide a link and an overview of the area covered by the
module and will show you the bigger picture so that you can relate one area to another and
see where the different elements fit in. Land law is a broad subject area which some
students find difficult. It needs to be studied carefully and conscientiously from the start so
that you get to grips with the material as soon as possible and begin to feel confident with
the subject, and are then able to build upon it.
© 2008 Nottingham Law School Page 1

2008 Land
• • • •
2009 Guidance Text
These notes do not contain the law. You are to find the law in the other reading material
that has been provided and is available to you. Gaps in the structure of these notes are
deliberate and are designed to allow you space to make notes, write page references, note
points of difficulty to be clarified and to more generally chart the pattern of your studies.
We hope that you enjoy your study of land law.
Tina Launchbury and Matthew J. Homewood

2008
• • • •
Land Law
2009 MODULE STRUCTURE
MODULE STRUCTURE
Concepts/terminology
Unregistered land
Registered land
Trusts of land
Co-ownership
Easements
Restrictive covenants
Mortgages
Note: You may wish to have a look at, but need not study:
Old style trusts – An understanding of the concepts of bare trusts, trusts for sale
and strict settlements is all that is needed.
Adverse possession – See loss of ownership. Again, an awareness of the concept

is all that is required. It should be recognised that an adverse possession claim
against registered land is now almost impossible.
Special legal rules and priority of mortgages – The focus should be on

terminology, mortgagees’ remedies and the protection of a mortgage in registered
and unregistered title.
Commonhold – You need to know the name, have an idea about the concept, but
do not need to know the detail.

2008 Land Law
• • • •
2009 CONCEPTS AND TERMINOLOGY
CONCEPTS AND TERMINOLOGY
See Chapters 1, 2, 3, 4 and 5 of the textbook
This is fundamental to your studies. Your understanding must be thorough to enable the
rest of the course to be built upon the framework set. You will become confused later if you
do not get to grips with this now.
Please note that we will deal with some areas in your list as a full topic later. You should
study the introductory chapters only at the moment and not the later topic chapters.
You need to understand all of the following terms at an early stage. Remember that you
can find the answers in the textbook (glossary, index, case list, statute list and footnotes),
casebook (index, case list, statute list and footnotes) and the online resource centre. Hints
are provided (see below).
Consult the textbook and casebook and discover the meanings of the following terms:
Meaning of land
Freehold
Hint : See s1 of the Law Property Act 1925 and the relevant sections in chapter 1, 3
and the glossary of the textbook.
Leasehold
Hint : See s1 of the Law Property Act 1925 and the relevant sections in chapters 1
and 3 of the textbook.
Land
Hint : See s205 (1) (ix) of the Law Property Act 1925 and the relevant section in
chapter 1 of the textbook.

2008 Land Law
• • • •
Fixtures
Hint : See the relevant section in chapter 1 of the textbook and consider the relevant
case law in the casebook.
Fittings
Chattels
Rights against land
Mortgage
Hint : See section 1 of the Law of Property Act 1925 and the relevant sections in
both chapter 1 and the glossary of the textbook.
Mortgagor
Hint : See the relevant section in chapter 1 of the textbook.

2008 Land Law
• • • •
Mortgagee
Restrictive covenant
Hint : See section 1 of the Law of Property Act 1925 and the relevant section in both
chapter 1 and the glossary of the textbook.
Easements
Hint : See section 1 of the Law of Property Act 1925 and the relevant section in both
chapter 1 and the glossary of the textbook.
Profits
Hint : See section 1 of the Law of Property Act 1925 and the relevant sections in
both chapter 1 and the glossary of the textbook.
Rentcharges
Hint : See section 1 of the Law of Property Act 1925, Rentcharges Act 1977 and the
relevant section in both chapter 1 and the glossary of the textbook.

2008 Land Law
• • • •
Constructive trust
Hint : See the relevant section in both chapter 1 and the glossary of the textbook
and Lloyds Bank v Rosset [1991] 1 AC 107.
Proprietary estoppel
Hint : See the relevant section in both chapter 1 and the glossary of the textbook
and Inwards v Baker [1965] 1 All ER 446.
Matrimonial home rights
Hint : See Family Law Act 1996 and the relevant section in both chapter 1 and the
glossary of the textbook.
Estate contracts
Hint : See the relevant section in both chapter 1 and the glossary of the textbook.
Options
Hint : See the relevant section in both chapter 1 and the glossary of the textbook.

2008 Land Law
• • • •
Trusts
Trust
Hint : See the Trusts of Land and Appointment of Trustees Act 1996 and the relevant
section in chapter 2 of the textbook.
Settlement
Bare trust
Trust for sale
Trust of land

2008 Land Law
• • • •
Conveyancing Procedure
Proof of title – root
Deeds
Hint : See section 1 of the Law of Property (Miscellaneous Provisions) Act 1989,
section 52 of the Law of Property Act 1925 and the relevant section in chapter 2 of
the textbook.
Title in registered land
Hint : See the Land Registration Act 2002 and the relevant section in chapter 2 of
the textbook.
Voluntary registration
Commonhold (concept only)
Hint : See the Commonhold and Leasehold Reform Act 2002 and the relevant section
in chapter 3 of the textbook.

2008 Land Law
• • • •
Estate in possession
Estate in remainder
Estate in reversion
Legal estates
Hint : See section 1 of the Law of Property Act 1925.
Legal interests
Hint : See section of the 1 Law of Property Act 1925 and the relevant section in

2008 Land Law
• • • •
Equitable interests
Hint : See section 1 of the Law of Property Act 1925 and the relevant section in
A deed
Hint : See section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 and
the relevant section in chapter 5 of the textbook.
Requirements for a deed
Hint : See section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 and
the relevant section in chapter 5 of the textbook.
Exchange of contracts

2008 Land Law
• • • •
When you feel that you understand the above, prepare yourself a table/flow
chart/list/mind-map or whatever helps you to retain this information in a logical format.
By now, you should be more familiar with the materials provided and should be able to deal
with the concepts in some depth from now on. The concepts/terms will be revisited
frequently, so don’t worry if they still seem a little strange to you.
Advice
Going forward, look at the questions asked in each section first and then study the relevant
chapters in the textbook. As you work through the relevant chapters, attempt the
questions you encounter and assess your understanding with reference to the answers
provided. Then, try to provide answers to the questions contained in this guidance text. If
you have difficulty at any time, see the hint below the question for guidance as to where to
look to find the answer. When you are happy that you understand the relevant area and
can answer the questions, move on to the casebook and online resource centre to both
consolidate and develop your understanding further.

2008
• • • •
Land Law
2009 UNREGISTERED LAND
UNREGISTERED LAND
See Chapters 6, 7 and 8 of the textbook
The unregistered land system is based upon the doctrine of notice and land charges. These
are mutually exclusive and are not alternatives. Consider this statement carefully as you go
through the following:
What is meant by the doctrine of notice?
What are the three types of notice?
1.
2.
3.
Hint : See the relevant section in chapter 6 of the textbook. Be careful not to
confuse the types of notice with ‘a notice’ as used in registered land to protect
certain minor interests.
Which is the most difficult to prove and why?

2008 Land Law
• • • •
Which case would you use to illustrate notice?
Hint : It involves a surveyor’s inspection of a property. If you need a little help, it is

mentioned in the section on notice in chapter 6 of the textbook and further details
can be found in your casebook.
What does ‘bona fide purchaser for value without notice’ mean?
Explain its importance.
Explain the rule in Hunt v Luck.

2008 Land Law
• • • •
Explain the test(s) for constructive trusts. Which case gave you this test?
(Important).
Hint : The case involved a wife helping with interior decorations and chasing up
builders. If you need a little help, it is mentioned in chapter 1 of the textbook in the
section relating to constructive trusts. Further details can be found in your
casebook.

2008 Land Law
• • • •
Which 1925 statute limited the application of the doctrine of notice?
Hint: See the relevant section in chapter 8 of the textbook.
What year is given to that Act now?
Why is the doctrine of notice still relevant today? List 8 instances where
notice is still important.
1.
2.
3.
4.
5.
6.
7.
8.
Hint: If you are struggling with this, look towards the end of chapter 8 of the
textbook.

2008 Land Law
• • • •
What is the land charges register? Where is it kept? How are registrations
of land charges made?
Give examples of land charge categories.
Explain how a land charge search works.
Explain overreaching. (This can be left until later if you find this difficult).
Hint: If you are finding this difficult look towards the end of chapter 8 of the textbook
and concentrate on the ‘essence of overreaching’ to enable you to understand the
basic concept.
Why are notice and land charges mutually exclusive? What happens if you
forget to register a land charge or do it incorrectly? (This is a fundamental
point that many students have problems with).
Hint: See section 198 of the Law of Property Act 1925, the relevant section in
chapter 8 of the textbook and consider the cases of Hollington Brothers v Rhodes
(1951) 2 TLR 691 and Midland Bank Trust Co. v Green [1981] AC 513.

2008 Land Law
• • • •
Back up your statements with authority (i.e. cases and/or statutes) as appropriate.
At the end of the chapters addressing unregistered land you will encounter a comprehensive
assessment exercise. It is recommended that you tackle this in essay style before
considering the answer provided in the appendix. This will help you to develop the
approach needed for problem questions of this type and will enable you to assess not only
your understanding of this area, but also your written style.
When you feel that you understand unregistered land, prepare yourself a table/flow
chart/list/mind-map or whatever helps you to retain this information in a logical format.
Advice
As before, going forward look at the questions asked in each section first and then study the
relevant chapters in the textbook. When you are happy that you understand the textbook
and can answer the questions, move on to the relevant areas in the casebook and online
resource centre to both consolidate and develop your understanding further.

2008
• • • •
Land Law
2009 REGISTERED LAND
REGISTERED LAND
See Chapters 9 and 10 of the textbook
For most purposes, the registered land system divides rights into four categories; those
estates and interests capable of substantive registration, overriding interests, minor
interests and mortgages by registered charge.
Answer the following questions:
Which statute introduced the system of land registration?
Hint: See the relevant section in chapter 9 of the textbook. As you read through the
beginning of this chapter, be aware of the date of the Act referred to.
When did the whole of England and Wales become compulsorily

registerable?
Carefully explain the following:
1. Substantive registration.
2. Overriding interests.
3. Minor interests.
Hint: See the relevant sections in chapter 9 and chapter 10 of the textbook.

2008 Land Law
• • • •
Give examples of the above 3 categories and state how they can be
protected.
1. Substantive registration.
2. Overriding interests.
3. Minor interests.
Hint: If you are finding this difficult, chapter 9 of the textbook contains details on
substantive registration whilst the summary at the end of chapter 10 may also be of
help.
Describe, briefly, the main points of the Land Registration Act 2002. (This
will be dealt with as we go along). When was its implementation date?
What aspects were unexpected?
Hint: See the relevant section in chapter 10 of the textbook. You obviously need to
be aware of the main points of the previous Act in order to fully appreciate the
changes made by the 2002 Act.

2008 Land Law
• • • •
Explain the difference between First registration and registration of a

dealing.

2008 Land Law
• • • •
When does title belong to a new owner? Consider this for both unregistered
and (already) registered land.
Explain the types of registration for leasehold and freehold land.
Name and describe the 3 parts of a register of title.
Hint: See the relevant section in chapter 9 of the textbook. Useful information and
accessible guidance can also be found at the land registry’s website
(www.landregistry.gov.uk).

2008 Land Law
• • • •
Registration of easements is now difficult. We will return to this later, but

do you understand the effect of the Land Registration Act 2002 on
easements?
Hint: If not, see section 27(2)(d) of the Land Registration Act 2002 and the relevant
Why are “old” cases still relevant for actual occupation and overriding
interests? Give examples and explain principles.
Hint: See the relevant section in chapter 10 of the textbook and read the cases
referred to in your casebook. In particular, read Williams and Glyn’s Bank v Boland
[1981] AC 487, Lord Oliver’s speech in Abbey National Building Society v Cann
[1991] AC 56 and Webb v Pollmount [1966] 1 CH 584.

2008 Land Law
• • • •
Why is Schedule 3 paragraph 2 of the Land Registration Act 2002 different

in effect to section 70(1)(g) of the Land Registration Act 1925? Please note
that this is a very important (and quite difficult) point. You need to
carefully consider ‘the exceptions’.
Hint: See the relevant section in chapter 10 of the textbook. Also, consider
Ferrishurst v Wallcite [1999] 1 All ER 977 under section 70(1)(g) of the 1925 Act.
Do the exceptions bear any resemblance to the doctrine of notice?
Hint: Reflect back on the relevant sections in chapter 6 of the textbook and consider
the Land Registration Act 2002 Sch.3 para.2. Further, consider Lord Wilberforce’s
judgment in the House of Lords in Williams and Glyn’s Bank v Boland [1981] AC 487.
Does the 2002 Act improve the situation and if so, how?

2008 Land Law
• • • •
How has the 2002 Act altered the protection of minor interests?
Hint: See sections 32, 33 and 40 of the Land Registration Act 2002 and the relevant
Explain how a land registry search is done and its effect.
Hint: See the relevant section in chapter 10 of the textbook. Further useful
information and accessible guidance can be found at the land registry’s website
(www.landregistry.gov.uk).

2008 Land Law
• • • •
Back up your statements with authority (i.e. cases and/or statutes) as appropriate.
When you are happy that you understand the textbook and can answer the questions, move
on to the relevant areas in the casebook and online resource centre to both consolidate and
develop your understanding further.
At the end of the chapters addressing registered land you will encounter a further
comprehensive assessment exercise. As with the exercise on unregistered land, it is
recommended that you tackle this in essay style before considering the answer provided in
the appendix.
You will find a useful flowchart preceding the assessment exercise in the textbook, which
covers the operation of Schedule 3 paragraph 2 of the 2002 Act. You may wish to
incorporate this into a much wider flowchart that deals with the whole of registered title.
Alternatively, please prepare yourself a table/ list/mind-map or whatever helps you to retain
this information in a logical format.
We will now move on to the specific topic areas to which you have already been introduced.
In the meantime, it is recommended that you consolidate what you have learnt so far and
fill in any gaps in your knowledge.

NTU - Land Law Guidance Text 2008-2009

Încărcat de

Informații document

Descriere originală:

Titlu original

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

NTU - Land Law Guidance Text 2008-2009

Încărcat de

Drepturi de autor:

Formate disponibile

Distance Learning Materials

Notes on using this Guidance Text

Casebook – Maudsley & Burn’s Land law Cases & Materials.

© 2008 Nottingham Law School Page 1

2009 Guidance Text

We hope that you enjoy your study of land law.

Tina Launchbury and Matthew J. Homewood

© 2008 Nottingham Law School Page 2

Adverse possession – See loss of ownership. Again, an awareness of the concept

Special legal rules and priority of mortgages – The focus should be on

© 2008 Nottingham Law School Page 3

2009 CONCEPTS AND TERMINOLOGY

CONCEPTS AND TERMINOLOGY

See Chapters 1, 2, 3, 4 and 5 of the textbook

© 2008 Nottingham Law School Page 5

2009 CONCEPTS AND TERMINOLOGY

Rights against land

Hint : See the relevant section in chapter 1 of the textbook.

© 2008 Nottingham Law School Page 6

2009 CONCEPTS AND TERMINOLOGY

Hint : See the relevant section in chapter 1 of the textbook.

© 2008 Nottingham Law School Page 7

2009 CONCEPTS AND TERMINOLOGY

Matrimonial home rights

© 2008 Nottingham Law School Page 8

2009 CONCEPTS AND TERMINOLOGY

Hint : See the relevant section in chapter 2 of the textbook.

Hint : See the relevant section in chapter 2 of the textbook.

Trust for sale

Hint : See the relevant section in chapter 2 of the textbook.

Hint : See the relevant section in chapter 2 of the textbook.

© 2008 Nottingham Law School Page 9

2009 CONCEPTS AND TERMINOLOGY

Proof of title – root

Hint : See the relevant section in chapter 2 of the textbook.

Title in registered land

Hint : See the relevant section in chapter 2 of the textbook.

Commonhold (concept only)

© 2008 Nottingham Law School Page 10

2009 CONCEPTS AND TERMINOLOGY

Hint : See the relevant section in chapter 4 of the textbook.

Hint : See the relevant section in chapter 4 of the textbook.

Hint : See the relevant section in chapter 4 of the textbook.

Hint : See section 1 of the Law of Property Act 1925.

© 2008 Nottingham Law School Page 11

2009 CONCEPTS AND TERMINOLOGY

Requirements for a deed

Hint : See the relevant section in chapter 5 of the textbook.

© 2008 Nottingham Law School Page 12

2009 CONCEPTS AND TERMINOLOGY

© 2008 Nottingham Law School Page 13

See Chapters 6, 7 and 8 of the textbook

What is meant by the doctrine of notice?

Hint : See the relevant section in chapter 6 of the textbook.

What are the three types of notice?

Which is the most difficult to prove and why?

Hint : See the relevant section in chapter 6 of the textbook.

© 2008 Nottingham Law School Page 15

2009 UNREGISTERED LAND

Which case would you use to illustrate notice?

Hint : It involves a surveyor’s inspection of a property. If you need a little help, it is

Hint : See the relevant section in chapter 6 of the textbook.