2 Interpretation of property, land, &c. In this Act— Many recent cases have also involved car parking, including Moncrieff v Jamieson[180] where the owner of land between the shoreline and a steep escarpment only had access through his neighbour's, and he had, from 1973 become used to parking there. Alternatively, if despite independent advice, a spouse is still unduly influenced or is misrepresented the facts, he or she will have no recourse against a bank selling the home, but may have a claim against the solicitor for professional negligence. Sometimes land you own may be used by someone who does not legally own or possess your land. Lord Hoffmann remarked that if a reasonable person could understand, however oblique and allusive, that an assurance was given, a legal right would accrue. [105] Today, the Land Compensation Act 1961 section 5 generally requires that the owner of an interest in land (e.g. In Midland Bank Trust Co Ltd v Green, Walter Green gave his son, Geoffrey an option to buy the property, but did not register it. [130] Fourth, under the Limitation Act 1980 sections 29 and 30, the adverse possessor must not have acknowledged the title of the owner in any express way, or the clock starts running again. This is classified as different from movables or other types of "personal" property (or "personalty"). The only intent required for this claim, is the intent to enter the property. You also own, and have rights in the airspace above your property; however, these rights are limited. However a good starting point is the partial definition of “land” in the Law of Property Act 1925 (LPA 1925 ) S.205 (1) (ix) ; “Land includes any of tenure , and mines and minerals, whether or not held apart from the surface , buildings or parts of buildings (whether the division is horizontal , … Even so, in the House of Lords Mr Cobbe failed in his claim for anything more than the expense (£150,000) of getting the planning, because in this commercial context it was clear that formal deeds were needed for completion of any deal. Beyond common law, there are three main kinds of statutory protection. However under section 335A(3) after one year expires, a court must order sale of property to realise its value for creditors "unless the circumstances of the case are exceptional". Aside from sale contracts, people may acquire interests in land through contributions to a home's purchase price, or to family life, if the courts can find evidence of a common intention that this should happen. [124], The most contentious method of acquiring property, albeit one that has played a huge role in the history of English land, is adverse possession. Although the United Kingdom constitutional law formally follows the idea of Parliamentary sovereignty, following the Second World War the UK joined the United Nations, it subscribed to the European Convention on Human Rights (which was largely written by UK civil servants), and in 1972 it joined the European Union. Fourth, adverse possession allows people who possess land, without formal objection by the owner, although this is now difficult to achieve in respect of a registered title. [52] The ideal goal was thus to ensure that a comprehensive set of people whose interests had priority in a given real estate would be reflected on the register. Although English law has not yet recognised promissory estoppel as giving rise to a cause of action (as has been done under the American Restatement (Second) of Contracts §90), in Cobbe v Yeoman's Row Management Ltd Lord Scott remarked that proprietary estoppel should be seen as a sub-species of promissory estoppel. In the leading case, Street v Mountford,[164] the House of Lords identified the factual grant of exclusive possession of a property as being the distinguishing feature between a lease and a licence. Easements and covenants involve rights and duties between neighbours, for instance with an agreement that a neighbour will not build on a piece of land, or to grant a right of way. It can include, for instance, running streams and overhanging trees branches. 2) Law of the Land Everything which may pass under the form of an enactment is not the law of the land. In Stack v Dowden[90] a couple with four children who lived together for 18 years had registered a house in both their names. By contrast, in James v United Kingdom[120] Gerald Grosvenor, 6th Duke of Westminster, the inherited owner of most of Mayfair and Belgravia, contended that leaseholders' right to buy had violated their right to property in ECHR Protocol 1, article 1. The Law of Property Act 1925 sections 1(6) and 36(2) prohibits a divided legal title, known as a "tenancy in common". [151] Second, they may arise by statute, as with the Family Law Act 1996 sections 30–31. Neuberger J held that because the letter was already delivered to Mr Johnson's house, it could not be withdrawn, even though Mr Johnson had not yet read it. A History of the Land Law A. W. B. Simpson Abstract. When making a transfer of property on HM Land Registry's "TR1" form, owners may indicate which relation they choose,[138] however in Stack v Dowden the Supreme Court observed that this will not always be decisive, particularly where people do not have full understanding of the survivorship rule and have made very unequal financial contributions to the property. However, in Re K[144] the Court of Appeal upheld a claim by a lady to be relieved from forfeiture using a discretion in section 2. Multiple people can be interested in land, and it can be used in multiple ways. However, the courts have interpreted this requirement flexibly. Before the considerable hurdle of giving a registered owner notice was introduced, the particular requirements of adverse possession were reasonably straight forward. [133] Otherwise, a significant limit on the principle in the case of leases is that adverse possession actions will only succeed against the leaseholder, and not the freeholder once the lease has expired. [70] The other important kinds of charge that had to be registered are restrictive covenants and equitable easements,[71] a right from the Family Law Act 1996 Part IV,[72] and an "estate contract" (i.e. [161] This means that the interest takes effect under a constructive trust, in turn leading to protection for actual occupants. Lord Bridge held that only if (1) a spouse made direct contributions to a home's purchase price, or (2) a spouse had actually reached some agreement, however uncertain, that a claim for an equitable interest would succeed. In all cases, to complete a transfer, a person's interest should be registered to be fully protected. She was not registered on the home's title deeds, but she had made significant financial contributions to the home. Nevertheless, if a court did acknowledge a spouse's contribution to the home, it could "inflate" the interest to whatever size possible (as under the 1970 and 1973 Acts). Lord Templeman viewed this would contradict the rule that someone should not be made liable to a contract when they have not been privy to it. However, breach of contractual licence will not entitle the victim to force his way back, so in Thompson v Park[153] a teacher who tried to force his way back into a school was told he had no remedy because he should have sought a court declaration first. Money lenders have extensive rights from common law and statute. On the case's facts, it was held that Mr Pinnock's eviction for the anti-social behaviour of his sons was proportionate. The Administration of Justice Act 1970 section 36 says that the court may adjourn proceedings if the "mortgagor is likely to be able within a reasonable period to pay any sums due[172] under the mortgage", and the Consumer Credit Act 1974 sections 129–130 does the same for second mortgages. The cases under Protocol 1, article 1, primarily turn on the question of compulsory acquisition of property by the government. Second, owners may lease their property to tenants for a defined period of time. For example, in Hurst v Picture Theatres Ltd,[152] Mr Hurst was removed from a High Street Kensington theatre by a manager who honestly believed that he had not paid for his ticket. In housing, the need of people to have a home is balanced between the interests of landlords in seeking rents for profit, and governments in building and maintaining homes. As he put it protection for the borrower was warranted because "necessitous men are not, truly speaking, free men, but, to answer a present exigency, will submit to any terms that the crafty may impose upon them". [201] For many people making changes to business property, the Town and Country Planning (Use Classes) Order 1987 then becomes relevant. Lord Cottenham LC held that a prior covenant may bind future owners if the covenant touched and concerned the land, the original covenantees intended the covenant to bind future owners, and the future owners with the same land had notice of the covenant. This preference for specific performance has been manifested generally in providing more "property-like" rights for licensees. Under this act, as set out in section 1, there can only be two types of legal ‘estates’ in land: (1) The only estates in land which are capable of subsisting or of being conveyed or created at law are—. The crown, and Lord Chancellors like Sir Thomas More,[18] had opposed this to some extent, with a series of Anti-Enclosure Acts from 1489. This is the airspace which exists above the height which is reasonably acceptable and necessary for the ordinary use and enjoyment of the land by its owner – around 500 to 1000 feet above roof space level (Section 76 Civil Aviation Act 1982). [74] The registration would go against the name of the title holder, although this was sometimes prone to confusion if people occasionally used different names (e.g. [108] In turn the Compulsory Purchase Act 1965 set conditions for a purchase to be made, and the Acquisition of Land Act 1981 regulates the conditions for granting a "Compulsory Purchase Order". Glanvill himself died in the Third Crusade, and as discontent resulting from the crusades' cost grew, English barons forced King John to sign the Magna Carta 1215. While real property may be divided among co-owners and tenants for the purpose of the land's use and enjoyment, taking a mortgage of property primarily serves the purpose of ensuring loans are repaid. It was competent for a member state to regulate property rights in the public interest. Subsequently, a transfer must be registered. A more modern function has been that land which is disused or neglected by an owner may be converted into another's property if continual use is made. An owner of land could direct that property on his death would only pass down the line of his relations, thus preventing it being sold to anyone on the market. [59] It means that to find the "root of title" to unregistered property, and the various rights that others might have such as easements or covenants, it is necessary to seek out the relevant bundle of deeds, going back at least 15 years. (2) This Act shall commence and take effect from and immediately after the thirty-first day of December one thousand eight hundred and eighty-one. The reason for this reference to "3000 years" is that in a primitive protective measure, the common law said mortgage terms must always allow for the property to be redeemed in the end, when the debt is repaid. This guaranteed rights of representation to the barons, but contained very little for "commoners". Law of real property in England and Wales, "As soon as the land of any country has all become private property, the landlords, like all other men, love to reap where they never sowed, and demand a rent even for its natural produce. Corporeal hereditaments: these include land, buildings, minerals, trees, flowers, wild animals and all other things which are part of or affixed to land – in other words, the physical matter over which ownership is exercised. This proprietary estoppel claim is a way for people's interests to gain recognition although their dealing's with a land owner have fallen short of contract. The Commons Act 1236 allowed the Lord of a Manor to enclose any manorial land that had previously been common, and the Statute of Westminster 1285 formalised the system of entail so that land would only pass to the heirs of a landlord. Section 15 requires that the court pays regard (i) to the intentions of the settlor (ii) to the purpose of the trust (iii) the interests of any children living there, and (iv) the interests of secured creditors. By contrast, in Thorner v Majors, David (a second cousin) worked on Peter's farm for 30 years and believed he would inherit it. [197] Inadvertently this meant that the rich, like those in Belgrave Square might be protected, while the poor, in places like Bermondsey, had little control over their local environments. But this had not happened long enough for the 12-year time limit on McFarlane's claim to have expired. In the sale process itself, there is a duty of care. So in Hair v Gillman[184] a lady who parked her car in a neighbour's forecourt while she had a seven-year lease acquired a crystallised lease when she subsequently bought the house. This includes easements, ie. By contrast, the factual pattern of estoppels, which often appear something very close to a contract, often seem to warrant more than an award for damages to compensate claimants for the amount of detriment, or loss, as in a tort case. This promoted the finality of litigation and the certainty of claims. The law also recognises that owners may simply licence their property for use by others, which in theory creates only personal rights. Largely because more statutory and common law privileges attach to leases, the courts have been careful to police the boundary between the two. [27] This provoked a constitutional crisis, as the hereditary House of Lords vetoed it, forcing fresh elections. [43] In its second main feature, English land law differs from civil law systems in the European Union, because it allows the separation of the "beneficial" ownership of property from legal title to property. Feudalism meant that all land was held by the Monarch. But otherwise, co-owners will remain as joint tenants in equity until they take action to sever their share. They had in fact offered to buy a licence from Mr Pye, but the House of Lords held that this did not amount to an acknowledgement of title that would deprive them of a claim. 475. If a person or a business has gone insolvent, and has things in their possession which are the property of others', then those people can usually take back their property free of anyone else's claims. There are a few exceptions to this rule; for instance, under section 9 of the Coal Industry Act 1994, coal belongs to the Coal Authority. These would usually be in the deeds that were kept, though small interests like a lease of under three years would not because of its exemption from formality, as with registered land. Her interest bound, and took priority to, later registered interests. In the context of land, and particularly family homes, this will usually be to acknowledge the contribution someone has made to a home, financial or otherwise. Shop the 1973 UK Vinyl release of Law Of The Land by The Temptations at Discogs. So in Mortgage Corporation v Shaire[146] where Mr Shaire had forged his wife's signature to get a mortgage on their home and died, and the bank sought possession and a sale under TLATA 1996 section 15, Neuberger J held that he would postpone the sale, because it was still her home. This has been mitigated slightly when all neighbours have reciprocal benefits and burdens. If land is traded, their interests will be considered "overreached", or effectively bought out over their heads with their interest detached from the land and reattached to purchase money, if money is paid to at least two trustees. Groom (2011) has stated that even before the publication of Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, it has been expected to raise the interest of those who belong to the legal profession. [15] Around 1481, a judge of the Common Pleas named Thomas de Littleton produced the first treatise organised by subject rather than writs, on property law, the Treatise on Tenures. This test was satisfied on those facts, where two semi-detached houses had a small path between them to access the back gardens, and a subsequent buyer wished to build into its half of the path. The policy was halted by the Housing Act 1980, which sought to privatise properties by introducing a "right to buy" one's council home. According to Lord Templeman in AG Securities v Vaughan, if people could contract out of them, any statutory protections "would be a dead letter because in a state of housing shortage a person seeking residential accommodation may agree to anything to obtain shelter. Particularly since 1909, new national planning strategies were used to improve the quality of building, and distribute urban development in a way that reflected local priorities. Third, the land must be registered for the legal interest to take effect under LRA 2002 sections 27 to 30. The reason is to strike a balance between an owner who may well keep hold of land for a long period, and a person who may be renting as a home. 5. Finally, agriculture and resource extraction played a smaller part in the UK's economy than before but, along with a common strategy around the European Union, these industries benefit from a system of subsidies and market regulations intended to make land use sustainable. [137] In effect these first four people become legal representatives for the other owners in equity. The European Court of Human Rights ruled that the Leasehold Reform Act 1967, which allowed tenants to purchase properties from their private landlords, was within a member state's margin of appreciation. The third main feature of the English law of real property is that "real" property (or "realty") means land, and the things that goes with it, alone. [53] It is most used in favour of people, typically a spouse in a family home whose name is not on the title deeds, who have not registered an interest because the law has recognised they have acquired a right, not through a formal, or express contract, or gift – but by their contributions, or their reliance on another person's assurances. In Manchester Airport plc v Dutton,[155] an airport company, with a licence on National Trust land, was held entitled to claim that trespassing protesters could be removed. In turn, good faith largely meant the same thing as buying the land without having any actual notice,[64] and it not being reasonable to have known, about another person's equitable interest. An agreement for a first neighbour to use the land of a second is an easement, usually involving a right of way, or a profit a prendre, if it allows the first to take something from the land (e.g. In both Bristol & West Building Society v Henning[55] and Abbey National Building Society v Cann[56] a couple purchased a home with the assistance of a loan from a building society, which was secured by mortgage on the property. One of the primary purposes of TLATA 1996, given the massive growth of co-ownership and people acquiring interests in land through trusts, was to reduce the occasions on which land would be sold if that meant people would lose their homes. Unlike an easement, a covenant can only be acquired through agreement or possibly by an assurance, but not by prescription. In Jennings v Rice, Robert Walker LJ tackled the issue by emphasising that the purpose of the court's jurisdiction was to avoid an unconscionable result, and to ensure that a remedy was based on proportionality. She claimed that the presumption of equal ownership should be displaced and that she should therefore have a share that was greater than half, and the House of Lords agreed that she owned 65% of the beneficial interest. [42] Secured creditors, most usually, are banks and for most people the most familiar kind of security interest is a mortgage. It inserted in the Insolvency Act 1986 new sections 283A and 335A, which say that at the point of bankruptcy, the decision to order a sale should be guided by (a) the interests of the bankrupt's creditors, (b) the spouse's conduct, their resources, the children's needs, and any other need, except for the bankrupt's own. 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