Property Law

By the end of this topic and the relevant readings, you should be able to: understand some of the key definitions and concepts used in property law explain the meaning and nature of ‘overreaching’ explain the operation of the system of land charges registration describe the ways in which the 1925 reforms have attempted to simplify conveyancing decide whether third party rights are enforceable against a purchaser of unregistered title land.

set out the principles of registered conveyancing distinguish these from the system of unregistered conveyancing explain how third-party rights are to be protected in registered land explain ‘overriding interests’, the problems to which s.70(1)(g) LRA 1925 gave rise and the changes under LRA 2002 explain the circumstances in which title must be registered compulsorily evaluate the reforms introduced by LRA 2002

Learning outcomes By the end of this topic and the relevant readings, you should be able to: explain the distinction between a joint tenancy and a tenancy in common describe the various modes of severance recognise the situations in which a resulting trust or constructive trust may arise explain the significance of the LPA 1925 and TLATA 1996 reforms relating to co-ownership and trusts of land apply the above rules and principles to hypothetical situations.

By the end of this topic and the relevant readings, you should be able to: set out the essential characteristics of a lease as compared to a licence describe the methods of creating, forfeiting and assigning a lease, and distinguish an assignment from the grant of a sub-lease evaluate the extent to which leasehold covenants are enforceable by and against successors in title of the original parties apply all of the above to answering problem questions

Learning outcomes By the end of this topic and the relevant readings, you should be able to: describe the essential characteristics of proprietary estoppel explain the relationship between proprietary estoppel and constructive trusts apply the above in answering problem questions.

Learning outcomes set out the essential characteristics of an easement and of a profit à prendre explain the circumstances in which an easement may be implied in favour of the grantor or grantee of land explain the circumstances in which an easement will bind a purchaser of the land affected apply your knowledge to hypothetical factual situations in problem questions.

By the end of this topic and the relevant readings, you should be able to: explain and apply the ways in which the benefits of covenants may run with freehold land both at common law and in equity explain and apply the legal and equitable rules relating to the running of the burdens of covenants with freehold land suggest ways in which this area of law could be reformed.

By the end of this topic and the relevant readings, you should be able to: define ‘mortgage’ explain how mortgages may be created today (both at law and in equity) describe the ways in which the mortgagor’s equity of redemption is protected today set out the principal powers of the mortgagee evaluate the effect of the Land Registration Act 2002 on mortgages.

By the end of this topic and the relevant readings, you should be able to: explain the nature of adverse possession describe how the limitation period is computed distinguish the effect of lapse of time in the case of unregistered land from its effect under LRA 1925 and LRA 2002 apply the rules of adverse possession to situations where the relevant facts occur under each of the three legal regimes evaluate the effects of LRA 2002 on both unregistered and registered land in relation to adverse p