A Land Law Cases And Summary Week 1- Intro PDF

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LAND LAW CASES AND SUMMARY

WEEK 1- INTRO Land law there to regulate what people can do with an object of value Property law regulate what we can do with all sorts of property, ex. Car, own intellectual relation Land= scarce objective value - We will look at Interaction of people with land Land law - Body of law that governs creation, exercise, transfer, and termination of rights and interests in land - Main objectives o Bringing together and balancing those different interests that people might have in relation to land how well does it reconcile competing interests o Make sure we have a range of rights and obligation people have in respect to land o Regulate creation, transfer, exercise and termination of interests in land Ex. You want to occupy my flat I want to give you some kind of right, but a right which I can terminate if I want my flat back. You want security, because you want to live in a place where you aren’t thrown out. - Solution that land lord comes to is insert a term that turns agreement to insecure agreement that allows the tenant to be there lawfully with limited rights - Inserts term that allows him to share the one bedroom with the couple that he’s allowing to move in - Question for the court, do they just ignore that it’s rubbish, that he will never share the double bedroom o Does the court ignore this and pretend this is fine and the landlord can do what he likes and grant the tenant little security? ** if law overregulates, then no properties available, if law under regulates, then no tenants will rent** ex. If someone goes bankrupt and their only asset is the family home, in relation to bankruptcy, have lots of creditors you have a family, if the home is sold to pay those creditors, you leave a family homeless. What does the law do? - Has to have a guiding principle, which way should that go? - If youre declared bankrupt, should you be forced to sell your home? Does it make a difference if your kids are young or almost 18? - What if your partner owns pat of the home? Who’s interest should be giving about squatting? - One person has moved into land belonging to someone else without their permission - Do you say, well the person who owns the land, anything they want should be given - What if the person moving into the land is homeless, or the person who owns the land hasn’t used it in 20 years? o Does it make a difference if it’s a field or house? - Need to think about what the rules are, and whether the rules are right

What we think land is for? Or is in terms of relationship to us? How do we value it? - It’s a Commodity - Economic value goes up and down Overview of the topic • • •

What is land law? What are the principal objectives of land law? What does land law achieve?

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Who can use land law Peaceful and efficient use of land Rules and principles to use in different situations Should ownership of land be Eg; if someone hasn’t been using his land for a long time should we give it to someone else? When should land be developed When shall we take private land and say we should use it for a road? Individual ownership and society balance. Fundamental for the economy –

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Freehold land •

fee simple absolute in possession

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Land law’s words are sometimes hard to understand and come as a barrier. / learn the words / - 70% of people in the uk own their own home. - When u buy u buy “freehold” land normally. U have the right to that land forever. When you die you can leave it to other people. - The majority of houses whether they’re small or big ; they’re held as freehold land. ALTERNATIVE IS;.. leasehold Leasehold land -

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TERM OF YEARS ABSOLUTE. It could be less than years. U can have a lease for an hour or a day or for years. If you have leasehold land u might buy a 150 years lease of that land. That’s nearly as good as freehold. Technically it’s different cause it doesn’t last forever. Leases can cover short term of ownership. Two types : FREEHOLD and LEASEHOLD. > u have exclusive possession. Your landlord can’t just move someone else in.

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A lease will always have a definitive end release. There’s an end date ( different from freehold ) ** freehold in house, leasehold in a flat** Acquiring land •

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Through ‘conveyancing’ o Formal process, written contract (always for land) complete conveyance using deed, and register interest Through adverse possession o Someone goes onto someone elses land and begins to use it without permission, take possession and start acting as owner would can aquire land that way If you bought a bicycle you just push it out of the shop, a car you have to sign etc.. For the land : you have to register with the landlord. Estoppel is used in some situations. Adverse possession – if you have used somebody else’s land for a long time you could acquire their land. It is controversial. It won’t cost you anything at all if it’s adverse possession.

Mortgages - Secured loan in which a property right is acquired by lender over the land or borrower - Banks need to feel secure to lend Mortgage is a legal vehicle. - All sorts of different ways that mortgages operate. - Paying a certain amount plus interest. - That mortgage gives special right to my land. - The right to repossess - I wouldn’t have a house anymore but I would be liable for that extra debt. Easements -

Are different The most interesting in land law It gives you the right to use somebody else’s land in a particular way. Example: right of way Right to use a private road for example, or walk across somebody else’s land. Walk through their garden to get to their car. The house next door had an easement – was useful for them but hard for the other. Easement to use toilets for example, to land a plane. The ease is still allowed to go ahead.

Covenants

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Covenants – freehold and leasehold – covenantee has the benefit – covenantor has the burden A covenant is a promise to do or not to do something. If you have a covenant over somebody’s land , it means you can control their use of the land. The covenant will affect the price It’s all about controlling the use. There are 2 types of covenants. Negative ones and positive ones – covenants. ( negative also called restrictive ) For example : you are going to contribute to the rail . Land law doesn’t like positive covenants. Covenantee// Covenantor. – Covenants – what you are allowed and what you are not allowed. Not allowed to have covenants that are discriminatory You could want to buy a covenant from someone next door – to discharge and remove covenants ( for example “ only someone named bob can be on the land”)

Sharing ownership of land ( we will see this in spring term ) -

Most properties are more than one person . ( business, family etc. )

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. How should property be used? When should land be sold? How do you know the size of the different shares?

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Can be complicated in family situations or business situations.

Registered & Unregistered land www.landregistry.gov.uk !!!! -

Difference between registered and unregistered land. All land in this country were once unregistered lands. You have to show all the documents to show it’s your land. Gradually we have been registering all land in the country. The lawyer will look at the land registry and they will find anything they need to know on the registry. = FOR example if there’s a mortgage ? 90% of land registered on the land register. There is still some unregistered land left. Not many. Particular type of interest – the rules will be different for registered and unregistered lands.

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Concentrate on registered land – ( sometimes textbooks spend too long explaining unregistered but not important ) Exception is :Adverse possession- explain both – what rules would you apply?

KEY STATUTES ( buy book ) • •

1) Law of Property Act 1925 2) Land Registration Act 2002 (SECOND key piece of leg, ) the legislation who is driving us to complete registration. Key for adverse possession and registered land. – 13th October 2003

3) Trusts of Land & Appointment of Trustees Act 1996 ( spring term )

What is property? // PROPERTY IN LAND. ‘Few concepts are quite so fragile, so elusive and so frequently misused as the notion of property … We commonly speak of property as if its meaning were entirely clear and logical, but property is a conceptual mirage which slips tantalisingly from view just when it seems most solidly attainable’  its impossible to define property  property is not a thing but a power relationship ( social and legal ) between a person and a value or source. RELATIONSHIP. The person has the right to use a particular resource.  The easiest way to do that is to think about the word “PROPER” ( right and correct )  Something would be proper to somebody reflects the relationship that was there.  There are different levels of property .  Different people have different levels of control of property of land.  SPECTRUM of properties. ‘For serious students of property, the beginning of the truth is the recognition that property is not a thing but a power relationship – a relationship of social and legal legitimacy existing between a person and a valued resource…’ -

Your property right is larger If you have a long lease than someone who just has an easement.

The wonder of land law is that more than one person can have property in the same piece of land at the same time.  Different people can have pieces of land

What is the difference between proprietary and personal rights.? ‘Somewhere across the spectrum of ‘propertiness’ in land there comes a point at which certain rights gather sufficient gravamen to qualify, for conveyancing purposes, as proprietary rights in land’  Potential to find a new owner of land.

 INVITATION TO COME – all you have is a license – permission to come in my house and have a tea – slide 28  If you sell the house – the interest is not important enough in the invitation – personal right.

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National Provincial Bank Ltd v Ainsworth (sub nom National Provincial Bank v Hastings Car Mart and Ors) Ch 655(CA) [1965] AC 1175 HL ( key case ) ( lord Wilberforce found these characteristics ) – Facts – A husband deserted his wife, conveying his estate to his company – The house was subject to a charge in favour of the claimant bank, which the husband defaulted on – The wife had no equitable interest in the house – Issue – Could the bank obtain an order for possession? – Decision – Yes – Reasoning – The wife did not have a qualifying buy xanax dublin interest in the estate, within the meaning of ‘interest’ as defined in Schedule 3 paragraph 2 of the Land Registration Act 2002 – Qualifying interests must be proprietary in nature; the wife’s right was merely personal (not universally enforceable)

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Wi l ber f r oce:Bef or ear i ghtorani nt er estcanbeadmi t t edi nt ot hecat egor yofpr oper t y ,orof ar i ghtaffect i ngpr oper t y ,i tmustbe

– ‘definable’ – ‘identifiable by third parties’ – ‘capable of assumption by third parties’ – ‘degree of permanence / stability’

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covenants , mortgages and easements. Some interest has started off as personal interest – They Have assumed that character over time.

• Link back to 1st year study and forward to week 12 Article 1 – every natural or legal person is entitled to peaceful enjoyment of his possessions – this debate is relevant for adverse possession and for shared ownership. Article 8 - mandatory possession – everyone has the right to respect for their private life – their home – family life – home and correspondence s3(1) HRA 1998 s6 HRA 1998 – unlawful for an authority to act in a way which is incompatible with the convention right. Manchester CC v Pinnock [2011] McDonald v McDonald [2016]

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Mandatory possession. Peaceful enjoyment of possessions Case ; they borrowed money to buy a house and then let the house to the daughter ,the parents had financial difficulties and fell in the mortgage – the landlord stepped in they used a receiver who ended the lease and then sort possession of the property – and the daughter challenged that and one of the ground was breach of ARTICLE 8 cause there was no opportunity for the court to consider the proportionality of that possession . It failed in the COA – and failed this summer in the supreme court // 2016 The supreme court said it was decided of the balance between the landlord etc. BALANCE ALREADY PROVIDED. They didn’t want to have the rights directly – alter the contract between them – the convention was to protect citizen to not have their rights infringed by the state.

What is the meaning of the word ‘land’? s205(1)(ix) Law of Property Act (LPA) 1925 -

The rights and duties attached to the land

Land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or part of buildings, (whether the division is horizontal, vertical or made in some other way) and other corporeal hereditaments; also a manor, and advowson, and a rent and other incorporeal hereditaments, and an easement, right, privilege, or benefit on, over, or derived from land.’ -

Intangible things you cannot touch

Extent of ownership Corbett v Hill [1870]

Bocardo SA v Star Energy UK [2011] CLAIMANT SUEING FOR TRESPASS -

Bocardo v star energy : In my opinion the bocard still has value in English Law as encapsulating, in simple language, a proposition of law that has commanded general acceptance’ per Lord Hope at 26

 They said it was trespassing on their land – it extended – damages were only nominal ‘… the better view is to hold that the owner of the surface is the owner of the strata beneath it, including the minerals that are to be found there, unless there has been an alienation of it by conveyance, at common law or statute.’ per Lord Hope at 27

Anchor Brewhouse v Berkeley House [1987] Bernstein v Skyviews [1978] – the court declined to recognize a plane flying overland and taking areal flights as a trespass Petroleum Production Act 1943 Coal Industry Act 1934 Treasure Act 1996 Waverley Borough Council v Fletcher [1995] Bocardo SA v Star Energy UK [2011]

- Valuable sources underneath the ground? What happens. ?  By common law it belongs to the crown / queen.  Legislation set up for that – the crown’s possession . -

9 inches below ground – the council prior property to that – it didn’t count as a treasure ( Treasure act 1996 ) – if it’s found by a detector – u have to report the treasure within 14 days to the coroner ( treasure very old , culture.. ) Valuable resources beneath the ground? ^^^

Treasure Act 1996 •

e.g. coins and other objects more than 300 years old made up of some 10%+ gold/silver

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e.g. an object more than 200 years old of outstanding historical, archaeological or cultural importance

Treasure trove!  Rewards( full amount of the value of the object that has to be reported ) to the finders but also the land owners and if the finder is a trespasser he gets less rewards.

WEEK 2- INTRO 2: Introduction II

 s205(1)(ix) Law of Property Act (LPA) 1925

. s62 LPA 1925 In the absence of contrary intention, any conveyance of land includes all buildings attached to the land plus other erections, fixtures etc.

Key stages to buying a first home 1. Client decides to buy ( view the property ) 2. Client chooses house ( make an offer to the property , or negotiate the price of the property 3. Pre- contract stage ( this stage of buying a house / when the license conveyancer makes the searches to find out about the property ; survey ; u can take your house off the market before this stage if you decide not to sell anymore ) 4. Contract stage ( 2 party; parties are bound by the transaction ; normally 2 weeks later or time of the contract you will have the completion stage (5) ) 5. Completion stage ( final money changes hands / this stage shows what is included or excluded in the contract) 6. Registration stage – solicitor undertakes post- completion procedures – ( invisible stage not to worry about )

Fixtures & Fittings / Chattels  The fixtures are going to stay but the fittings and chattels can go they can be removed by the seller before they leave. – 2 Tests to decide whether fixture or not

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DEGREE OF ANNEXATION TEST (the more firmly it is attached to the land the more lightly it will be a fitting) PURPOSE OF ANNEXATION TEST/the more important ( objectively you ask if the object is temporary or is it permanent improvement? To maximise the use of the land – enjoy the item more or to maximise the use of the land? Ask urself.

Items that could be fixtures :  Bath would stay ( fixture ) ; it might be possible that the bath is freestanding and could be a fitting and can be taken.  Burglar alarm system is a fixture  Bath plug and bath mat are not fixtures  Electric sockets stay  Radiators stay  Rug doesn’t stay  Garden shed normally stays  Brick stay – fixtures if they are part of the wall – if bricks can move they’re shettle.

Fixtures and Fittings Form www.lawsociety.org.uk/support-services/documents/TA10-form-specimen/ -

Case law

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Degree of annexation test ( extent to which it is attached to the land ) Purpose of annexation test (the more important) ( objective of what purposes )

Gray & Gray, p.33: ‘In reality the differentiation of fixtures and chattels may now depend so heavily upon the circumstances of each individual case that relatively few guidelines remain in the modern law which are capable of unambiguous application to particular facts.’

. Holland v Hodgson (1872) – a working mill and the situation was he mortgaged the land including all the fixtures and then he went bankrupt – the argument arose whether the machinery inside is part of the land – huge pieces of machinery – 436 of machinery – and they were attached to the floor in various ways – steady enough to work on – the court held that the mills were part of the land – what

constitutes sufficient annexation the court asked? In a case it’s possible that an object resting on its own weight can be part of land as well. bricks were only placed not attached – would be part of a land even though they are not attached – they are part of a land  IT IS POSSIBLE THAT AN OBJECT RESTING ON ITS OWN WEIGHT IS PART OF THE LAND

Dibble v Moore [1970]  The land was sold but the business had mission to stay on the land – the argument arose that whether the green houses belong to the person owning the land or the person who has the assets of the business? Did it change hands when the land was sold? The court of appeal held that they were movable chattels. They were therefore able to sell them off.

Banksy: Graffiti art ( see PDF ) Creative Foundation v Dreamland Leisure [2015] EWHC 2556 (Ch) www.theguardian.com/artanddesign/2015/sep/11/banksy-artwork-set-to-return-tofolkestone  GRAFFITI art turned into ..

Berkley v Poulet • • •

Pictures in frames screwed into recesses in wall panelling Marble statue (½ ton) Sundial on a plinth

 Bought land through poulett the defendant – the case arose that Berkley said that there are certain items that should’ve been included in the sale as part of the land – the pictures in frame – a marble statue – and a sundial on a plinth. Berkley wanted to open the house as a tourist place – Judge relied upon a case called leigh v taylor to say that the degree of annexation – if it was firmly attached in the past doesn’t necessarily dictate how they are supposed to be now – if objectively it was sup...