Land Law (Property Law).
Land Law (Property Law) Tutor
Land law is a core component of property law, governing the ownership, use, and rights associated with land and the structures on it. Here’s a breakdown of the essential topics in land law that can be covered in tutoring sessions for the LLB, PGDL, SQE1 and SQE2:
Foundational Concepts in Land Law
Estates and Interests in Land:
Freehold Estates: Rights to land that are typically indefinite in duration, like fee simple (absolute ownership) and life estates.
Leasehold Estates: Limited rights to land for a specific period, governed by tenancy agreements.
Legal vs. Equitable Interests: Understanding how common law and equity create and protect different interests in land.
Possession and Ownership
Possessory Rights and Title: How possession and title relate, including the principle of nemo dat quod non habet (one cannot transfer a better title than one has).
Adverse Possession: Acquiring ownership through continuous, open, and hostile use of another's land over a specified period.
Co-ownership and Trusts of Land
Joint Tenancy and Tenancy in Common:
Joint Tenancy: Features the "right of survivorship," where co-owners automatically inherit the share of a deceased owner.
Tenancy in Common: Each co-owner has a distinct share that can be passed to heirs.
Trusts in Land: When one person holds legal title to land on behalf of another, commonly arising in family or business settings.
Land Registration Systems
Registered vs. Unregistered Land: Understanding how land records are kept and the importance of registration in providing certainty of title.
Role of Land Registries: Ensures clear records of ownership, prevents fraud, and facilitates conveyancing.
Overriding Interests: Interests in registered land that are not recorded but still bind the land, like certain rights of occupants.
Third-Party Rights in Land
Easements: Rights for one landowner to use another’s land for a specific purpose (e.g., a right of way).
Restrictive Covenants: Agreements that limit the use of land, binding on successive owners under specific conditions.
Licenses and Profits à Prendre: Temporary or conditional rights to use land or remove resources from it, respectively.
Mortgages and Security Interests in Land
Mortgages: Rights and responsibilities of borrowers and lenders, equity of redemption, and remedies for default.
Foreclosure and Repossession: Processes lenders use to enforce mortgage terms when a borrower defaults.
Leases and Tenancy Agreements
Types of Tenancies: Fixed-term, periodic, and tenancy at will, each with distinct rights and termination conditions.
Tenant and Landlord Obligations: Rights to possession, repairs, maintenance, and grounds for eviction.
Leasehold Covenants: Binding agreements within leases that govern how the land can be used, such as restrictions on alterations.
Easements
Legal Easements:
Must be created by deed and registered to be legally binding.
Equitable Easements:
Arise where formalities haven’t been met but equity intervenes, often requiring written agreement.
Express vs. Implied Easements:
Express: Created by clear agreement or grant in writing.
Implied: Arise by necessity, common intention, or long use.
Restrictive Covenants
A restrictive covenant is an obligation imposed on a landowner to refrain from doing something on their land for the benefit of another landowner.
Example: A covenant prohibiting building on certain parts of land to preserve views for neighboring properties.
Practical Application in Land Law Tutoring
Case Analysis: Review landmark cases to see how courts determine the validity of easements.
Problem Questions: Practice resolving disputes, such as a blocked right of way.
Visual Aids: Use diagrams to map out dominant and servient tenements for clarity.
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