⇒ 'Land' is defined in the Law of Property Act 1925, section 205(1)(ix): "Land includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments".
⇒ This defintion is confusing, but essentially means that land includes both property you can touch (e.g. your house, some soil, etc.) and other property you cannot physically touch (e.g. the right to walk across your neighbour's driveway or the right to take something from your neighbour's land).
⇒ Land law rights attach to the land itself so that any person who comes into ownership or possession of the land may be entitled to enjoy the benefits that now come with the land or may be subject to the burdens imposed on the land.
⇒ It is only posssible to own 'an estate in land' (i.e. if you buy a house you do not actually own the land, but own an estate in land. This is because all land is vested in the crown).
⇒ There are two types of legal estate in land:
⇒ In other words, you can only own the freehold orleasehold of property.
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⇒ There are two types of rights you must be aware of in land law:
⇒ Proprietary rights/interests (rights in rem) can be divided into legal rights in rem (legal interests) and equitable rights in rem (equitable interests):
⇒ This is probably quite confusing at this stage, however everything is explained in greater depth within the relevant topic notes.
⇒ A legal proprietary right (e.g. a mortgage) can only achieve legal status if created in a certain way: a legal proprietary right must be created by a valid deed (Law of Property (Miscellaneous Provisions) Act 1989, section 1) (Law of Property Act, section 52(1)) and be registered under the registered estate regime (Land Registration Act 2002, section 27(1)).
⇒ If the above formality to create a legal proprietary right is not complied with, the right may still take effect in equity in two ways:
⇒ Note, both of these routes MUST comply with Law of Property (Miscellaneous Provisions) Act 1989, section 2 i.e. made by signed writing. If there is no signed writing NO right (i.e. neither legal or equitable) has been given at all.
⇒ As mentioned above, there are formalities in the creation of a legal proprietary right in rem. However, there are also formalities in the creation of an equitable proprietary right in rem.
⇒ In general, equitable interests must be created by signed writing (Law of Property Act 1925, section 53(1)(a)).
⇒ It should be mentioned that it is not expected you understand all of this at this stage. In fact, this is a necessarily complicated overview of some fundamental concepts of land law, all of which will make sense as you go through the topic notes.
⇒ In land law you must ask yourself two questions when deciding whether a right is equitable:
⇒ If created by neither deed or signed writing it is neither legal or equitable.
⇒ Some other helpful legal resources on land law:
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