What is Land Law?

The subject Land Law is concerned with a study of the various types of rights that individuals may have in land. What is the nature of these rights? Most commonly, we associate rights to land as being synonymous with ownership of land. However, the nature of land being that it is virtually indestructible and capable of enduring over a long span of time makes the concept of ownership rights in land complex and intricate.

In a single piece of land, there may be a number of individuals who may have rights to it. One may be the owner of it; another may have a lease on it; a third may have the rights to remove fruits from the orchard on the land; a bank may have a mortgage on it; and so on.

All these rights will be studied. How do they come about? How can the benefits of such rights be transferred to another individual? In what situations will these rights cease to exist?

What if there are 2 different rights that conflict. Which would prevail over the other? How do these various rights in land interact with each other? In what context will existing rights bind a purchaser of the land? These rights may have a manner of being “attached” to the land and affect any individual who comes into ownership of the land. In what situations will the purchaser be bound by those rights? In what circumstances will they take the land free from those rights?

Many principles of land law are grounded in history, at a time when social conditions were very unlike that of the present. There is a need to understand the historical context in which land law has sprouted in order to have a sound understanding of this area of legal studies.

A thorough and sound understanding of Land law will be of much assistance to a conveyancing lawyer, an area of legal work which is reputed to be financially rewarding. Most of us will eventually come to own land, be it a small flat or a large mansion. We should know our rights pertaining to that land.

The Coverage of Land Law

1. Historical Context: This lays out some of the historical context in which land law has developed and insight into development of land law; particularly of the 1925 property legislation.

The workings of the equitable doctrine of notice have to be grasped. This is the manner in which certain equitable rights may be made binding on third party purchasers. Basically, if he knows about it, or he should have known about it he will be bound. If he does not know about it, he will not be bound.

2. Unregistered Land and Registered Land: In 1925, England and Wales embarked on a major exercise to have all land registered. The benefits of having all land registered is to assist the potential purchaser to find out about the land he is intending to buy and to enable the interest holder to protect the interest. Due to the tedious process of recording all the various interests in land, two systems of registration of land exists in England and Wales. The workings of both have to be studied.

3. Strict settlement and Trust of land: This deals with successive interests in land. Father to son; to grandson; to great-grandson. How to ensure that this chain is not broken? The ways of achieving this will have to be studied.

4. Co-ownership: Sharing of the land. Two possible modes in which the sharing may take effect. The joint-tenancy and the tenancy-in-common. The difference between the two and the consequences of death to one co-owner. How to convert from a joint-tenancy to a tenancy-in-common by severance into “shares”? What if there are disputes between the co-owners? How will they be resolved?

5. Landlord and Tenant: Leases are common. What are the characteristics of a lease? There must be certainty of duration and exclusive possession? In the creation of leases there are commonly covenants entered into by landlord and tenant. Most common of these would be the covenant to pay rent and the covenant to keep the premises in good condition. What if the landlord has sold his land? What are the obligations of the new landlord and the old landlord? If the tenant has sold or assigned his lease, what are the obligations of the new tenant; and that of the old tenant? In what situations may the rights of the tenant be forfeited?

6. Licences: These exist when the land owner permits another, a licencee, to be on his land. Generally, when the land owner sells the land, the license is revoked. However, in certain circumstances, licences may be binding on the purchaser. What are the various species of licences that one may have?

7. Proprietary Estoppel or Licence by Estoppel : This is a doctrine whereby the land owner may be estopped from asserting his strict legal rights. In what situation may the doctrine apply? Is it binding on innocent third parties who have been given the land or who have bought the land?

8. Easements & Profits-a-prendre: What are the types of rights that are capable of being easements? There are criteria that such rights must satisfy. Once recognized as being capable of being easements, are they easements? Have they been created as easements? Can such easements bind third party purchasers of the land?

9. Freehold Covenants: Two land owners may enter into an agreement pertaining to the land which they own. As between them, one would bear the burden of the arrangement; the other would enjoy the benefits. There is privity of contract. What if the two plots of land have now been sold? Can the respective new owners enjoy the benefits or suffer the burdens of the original arrangements?

10. Mortgages: A mortgage is created when land is used as security for a loan taken by the land owner. How is a mortgage created ? What are the rights of the mortgagor and mortgagee? If there is more than one mortgage on a single plot of land, which mortgagee has priority?

11. Adverse Possession: A squatter who trespasses and occupies land may acquire the ownership of the adversely possessed land. The workings of adverse possession will be studied.