Land Law Notes
· How, if at all, has the introduction of the system of title by registration changed the conceptual nature of English land law?
· Should all estates and interests in land have to be created expressly? Why or why not? In your answer, draw on examples from the module.
· ‘Holders of beneficial interests behind trusts of land seem to be ever more disadvantaged under English land law’. Critically discuss.
· In Arnold v Britton [2015] UKSC 36, the long residential lease was described as ‘an exceptional species of contract’. What makes the long lease unique?
· What makes passing the burden of positive freehold covenants so problematic?
· What are the implications of the decision in Nemcova v Fairfield Rents Ltd [2016] UKUT 303 (LC) for short-term letting websites like AirBnB?
Week 1- intro
· Birks 5 keys to land law
· Victoria Park Racing v Taylor (1937) 58 CLR 479
· There was no property in a spectacle
· Nor could copyright be claimed in any information being posted on signs in the park
· There was no proof that nuisance had been brought upon the race track
· The Court did not recognize the existence of a legal right to privacy
· Three concepts of land law
1. concept of property
· rose- different concepts of property
· Labour theory- if you put labour into something you can take ownership in it
· Consent theory- consent based on the social exception
· Possession theory- clear act + reward= property rights
· reality and duality- in the terms of covenants and easments
· also constructive trusts, the duality between equity and law
Market logic
· Do not like overriding interests such as prescribed easements that are not on the registry
· No subsidiary interferes with the market unless strongly justifiable
· Justifiable claim?
· Reductions in 2002
· Plural concepts of property
· Market logic
· Registration in politics and morality
· Carol reading
· Labour theory- if you put labour into something you can take ownership
· Consent theory- consent based on social exception
· Possession theory- DUH
Registration 1
LRA (Land Registration Act of 1925)
· Three principles- mirror, insurance and curtain
Mirror
Mirror interested reflect what is on the registered title
Does not reflect overriding interests
2002 act
· Mirror- gives sole constitutive source of the rights
· Title by registration
· To create an expressed easement must be place on the register, same with a mortgage
Week 2- Registration
· Mirror- LRA 1925 Act, source of all rights
· Curtain- (trust)
· Insurance- payment
· Moncrieff v Jamieson [2007]
· An easement (right of way) was granted over servient land to access other (dominant land), which was relatively difficult to access
· The easement permitted vehicles to use the right of way to load and unload goods and persons
· Given the difficulty in accessing the dominant land, did the easement permit parking vehicles on the right of way too?
· Yes
· Where ancillary rights to easements are necessary for the reasonable enjoyment of land,...
