School of Justice

Graduate Diploma in Law

Land Law
LA 3092
Module handbook
2020-21

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Contents Page Numbers

1.About this handbook 2

2.Course Team and Contact Details 3

3.About the Course 5

4.Course Aims 10

5. Course Learning Outcomes 11

6.Teaching and Learning Strategy 12

7. Syllabus and Content 15

8. Recommended Book Purchases 17

9. Assessment 19

10. Seminar Questions 20

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1. About this Handbook
Welcome to the Land Law course of the Graduate Diploma in Law.

The Course team wish you a successful and happy time and hope that you
find your experience with us rewarding and intellectually enriching.

This course handbook provides information in relation to:

 the staff who will teach you
 the course: its rationale, scope, and content
 teaching strategies
 the modes of assessment
 seminar questions

If you require further information or clarification about this course please

contact Martin Salisbury – msalisbury@uclan.ac.uk

Martin Salisbury
School of Justice

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2. Course Team and Contact Details

Module Leader

Responsible for:
 Lectures
 Setting Assessments
 Marking Assessments
 Course Administration and Co-ordination
 General Course Enquiries and Counselling

Martin Salisbury
Room: Harris Building 260
: 01772 893680
: msalisbury@uclan.ac.uk

Course Tutors

Responsible for:
 Guiding and Managing Workshops
 Setting Assessments
 Marking Assessments
 General Course Enquiries and Counselling

Martin Salisbury
Room: Harris Building 260
: 01772 893680
: msalisbury@uclan.ac.uk

Neil Shee
Mauritius Campus
: nshee@uclan.ac.uk

Staff Availability
Each team member will post times on their room doors in mid-
September indicating when they are available for student enquiries.
With the exception of urgent matters it is preferable for students to
arrange an appointment to see a team member during the designated
availability times and to give prior notice of the nature of the enquiry.

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This can be done by telephone, e-mail or the starfish system.
Appointments allow staff to prioritise student contact.
However always check whether or not an appointment is necessary by
asking the relevant team member. We may be able to see you
immediately.

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3. About the Course
This course is concerned with the civil law relating to land. Earth is one of the
five basic elements that sustains life and we would find it very difficult to
survive without it.

The provision of food and shelter are two of the important benefits of land.

Land is a finite resource. Human beings have a tendency to reproduce and

require food and shelter. The potential for territorial conflict in the survival
orientated and selfish animal-man is thus self-evident. Following the
development of mind and reason civilised society seeks to regulate territorial
claims by way of the rule of law rather than through the anarchy of conflict. It
is after all less painful!

This course considers:

 the legal definition of land

 the legal concepts concerning ownership of, rights and interests in land

 the legal regulation of land use

 the legal processes by which ownership of, rights and interests in land
and the regulation of land use are created and transferred

Reflect on the following case study which contains aspects of the above
considerations:

Ang and Ling live in rented accommodation. They have been ‘house-hunting’
and have viewed a property (known as ‘Dunroamin’) that they would like to
buy. The sellers are Harry and Rama. In order to gain access to Dunroamin
the occupiers of the house must use a driveway shared with a neighbouring
property (known as ‘ChezNous’) also owned by Harry and Rama. Gas,
electricity, cable and other essential utility services are laid in the public
highway and the connections from those services to ‘Dunroamin’ pass under
the land upon which ChezNous is built.

Harry and Rama want to ensure that ‘Dunroamin’ cannot be used for any
purpose other than a single private dwelling house in the occupation of one
family. Ang and Ling have agreed to this as well as agreeing to contribute
50% of the costs of maintaining the shared driveway and any shared services
in good repair.

In order to buy the property Ang and Ling have made an application to the
Sanctus Building Society for a loan of £85,000 which is to be secured by way
of a mortgage of ‘Dunroamin’ granted by Ang and Ling to the Building Society.

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Some time after the purchase is completed Ang and Ling sell ‘Dunroamin’ to
Nasty Pasty who converts the house into bedsits and ‘rents’ each self
contained bedsit to students. Four students appear at the property and refuse
to pay the costs of maintaining the shared driveway and services. Harry and
Rama ‘go ballistic’.

Consider the following questions arising from the case study:

 how do two or more people have rights to own and occupy land at the
same time? For example Ang and Ling and subsequently Nasty Pasty
and the students in relation to Dunroamin and Harry and Meera Rama
in relation to ChezNous.

 what if Harry and Rama had told Ang and Ling after they had bought
Dunroamin that they could not use the driveway to access the house or
could not enter onto ChezNous in order to repair the services serving
Dunroamin. Would Ang and Ling be able to take legal action against
Harry and Meera and force them to allow use and entry?

 what if Ang and Ling had defaulted on repayments to the Sanctus

Building Society. Would the building Society have any interest in
Dunroamin? Could they sell it to recover the money owed to them?

 can Harry and Meera stop Nasty Pasty from ‘renting’ the bedsits to the
students? Can Harry and Meera force Nasty Pasty to remove the
conversion work, restore the house and pay the contributions towards
maintenance of the shared driveway and services?

Answers to these questions can be found in those aspects of land law relating
to:
 unregistered and registered title

 co-ownership

 easements

 covenants

 mortgages

 leases

All of these topics will be studied as part of this course.

Learning Point: Following completion of the course return to the above

questions. You should at that stage be able to formulate and suggest
answers to them.

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Due to the historical development of land law archaic technical terms will be
encountered as part of your studies, ‘easements’ and ‘covenants’ referred to
above are prime examples. Murphy and Roberts, in their text book
Understanding Property Law, state:

“Even its language bears the imprint of the past, a rag-bag of Norman-French,
ecclesiastical Latin, and English archaisms. Property lawyers talk in an
esoteric, peculiar language that seems radically divorced from the language of
ordinary life”

Do not worry unduly about these technical and archaic terms. Plain English
definitions and explanations exist and will be considered throughout the
course.

Land Law has undergone a long process of radical and not so radical Crown
and Parliamentary interference and judge made case-law evolution since the
Norman Conquest of 1066. As a result Professor Michael Salter of the School
of Justice has made the following observations on the introduction of land law
to students:

“There is an obvious, and therefore all-too easily overlooked, question to ask

at the start of an introduction to a modern land law course: namely should we
address the history of this subject? Perhaps not, since some textbooks, such
as Dianne Chappelle’s book on Land Law, make a sharp distinction between
what the law on this subject was, on the one hand and what it now is on the
other, and then concentrates on the present system at the expense of any
historical analysis whatsoever.

However, Murphy and Roberts and other academic land lawyers argue that
any clear-cut distinction between past and present is untenable. This is
because we cannot make sense of the present system independently of
grasping the imprint of the past upon the present.
Murphy and Roberts employ a historical approach as an overall method for
explaining, in a contextual way, each part of the course. This means
explaining the historical emergence in terms of the various interests and
practical reasons which motivated them.
Their defence of this broader contextual approach is interesting. They argue
that:

1. It is not possible to understand the present system of rules independent

from an analysis of how these have evolved as the most recent phase of
an organically evolving and living tradition, which dates back over
hundreds of years, without undergoing any radical breaks.

2. Second, that the present system largely represents either a continuation

of, or a reaction against, earlier customs regulating the legal transmission
of private property across generations.

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3. Third, the impact of the past upon the present system of law can be clearly
seen within the large parts of the present system itself. Hence, any attempt
to divorce the present system from the influence of its history will often
lead to its misunderstanding.

Murphy and Roberts’ discussion of legal rules and practices is placed in the
wider context of changing patterns of how private property functions within
society. These patterns include:

1. the breakdown of feudalism, and associated principles, such as

primogeniture, under which land was inherited through the male line of a
family dynasty alone;

2. the growth of home ownership and a welfare state that is partly funded by
greater taxation upon property;

3. the collapse of public confidence in the credibility of socialist attempts to

nationalise all private property in order to re-allocate the enjoyment of
housing, land and other property through a system of state control and
central planning.

Murphy and Roberts analyse property law as a single, but - on occasions -

important part, of these larger changing patterns and development. They
always respond to the question of why the present system exists in its present
form by offering historical explanations:

“for many centuries property law has become ... a corpus of learning whose
intelligibility and possibly whose very time lies in some respects in the past”.
Hence, part of the skills of property lawyers that have become embodied in
land law itself, lie in the ability to constantly re-work apparently outdated
categories, and thereby: “adapting the moribund to the needs of the present”

Given the constraints of time, the approach adopted on this course will be to
consider the law relating to land as it currently exists without extensive
treatment of its historical framework or adopting a historical methodology as
advocated by some academics.

However, it is important that students appreciate that there are alternative

approaches and perspectives to the understanding of the subject and
students can incorporate these alternative approaches and perspectives into
their own private study should they so wish.

Finally this section concludes with some encouraging words taken from the
introduction to Megarry's manual of the Law of Real Property:

"The English law of real property, traditionally described by Oliver Cromwell

as an 'ungodly jumble' is justly recognised as being a difficult subject for the

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beginner, partly because of the intricate interlocking of its component parts
and partly because of the complexity of the language, which involves the use
of many technical terms. For these reasons, those coming new to the
subject must not expect to understand everything at first reading. In this
subject more than any other it is economical of time and effort to read
fast and often. Much that is incomprehensible at first will become clear
on a second reading and perhaps obvious on a third."

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4. Course Aims
The aims of the course are to

 introduce students to the fundamental principles of land law and to the

role and contributions of common law, equity and statute in its
development

 consider the legal definitions of land and estates and interests in land.

 consider how estates and interests in land may be created, held and
transferred

 consider why estates and interests in land should be created, held and
transferred

 consider competing claims to the possession, occupation and use of

land

 illustrate the relationship of land law with other areas of law

 develop skills of research, analysis, reasoning and oral and written

communication in the context of land law through the practical
application of techniques of law finding, interpretation and problem
solving.

One of the broad aims of the Common Professional Examination is the

ongoing development of lawyerly skills so that students start to think, reason,
argue and write like lawyers. This broad aim pervades the study of land law.

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5. Course Learning Outcomes
After completing this course you should be able to:

 state the fundamental principles of land law and describe the role and
contributions of common law, equity and statute in its development

 give a legal definition of land and estates and interests in land and
differentiate between them

 describe how estates and interests in land may be created, held and
transferred

 explain why estates and interests in land should be created, held and
transferred

 distinguish and determine the priority between competing claims to the

possession, occupation and use of land through analysis, evaluation
and application of relevant land law principles

 think, reason, argue and communicate like land lawyers.

 apply a critical attitude towards problem solving through an

appreciation that there is more than one way of approaching problems
and suggesting solutions and that other areas of law may be relevant
to the problem under consideration

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6. Teaching and Learning Strategy
The teaching methods for this course comprises of weekly lectures of one and
half hours duration within a two hour slot supplemented by a one hour
seminar every two weeks.
Further, this course, like any law course, requires a great deal of
independent study. The course is primarily a reading course.

The purpose of lectures is to introduce a topic, define its scope and illustrate
the principles of law concerned through case analysis and exposition as well
as the use of illustrative examples. You are expected to do some pre-reading
in preparation for lectures to enable you to participate fully in case analysis
and illustrative examples.

After the lecture you should have a broad understanding of the main issues of
a topic that provides a framework for further private study and reading in
preparation for seminars.

The lecturer, is responsible for providing an introductory framework for various

topics and no more: you will not get ‘chapter and verse’ on topics in lectures,
but a summary of principles and developments illustrated through definitions,
examples, and hypothetical cases.

Hopefully this can be achieved through interactive discussion which ensure

you understand the basics before approaching other subjects. We also aim to
guide you to the materials relevant for helping you answer the questions
designed to test your understanding.

We do not expect you to write everything down a lecturer says in class - this is
poor use of your time in a lecture. Far better is to sit and listen and try and
enter and imagine the lecturer is having a personal dialogue with you. There
are things you will agree and disagree with; take note of these and other
questions and use these as a basis for your reading, note-taking and
questions for seminar discussion.

The onus is on you to follow the reading schedule for lectures and
seminars - use the lecture as a springboard for further learning not the
start and finish of what you need to know!
You should understand from the outset that some examinable aspects
of the reading materials will only be discussed in passing, or left entirely
to your own reading.

The seminar programme will be used to refine and develop lecture material
and apply it to given factual situations. Students are expected to do
considerable preparation for seminars both in research of the law and
analysis of its application to particular problems.

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The aim of seminars is test your knowledge and understanding of a topic
through guided reading, preparation of set questions, and discussion and
argument with your peers in small group situations with the tutor acting as a
facilitator and guide through the issues, argument, and difficulties of each
topic.

Legal Technique and Method

Learning the law takes time, patience and, above all else, practice. Seminars
are important not only to show your understanding but to practice your
application of legal technique and method - i.e., how to find cases and
statutes; critically analyse judgements; develop a well supported and coherent
argument; give rounded advice based on the best interpretation of the law as
you see it.

Learning the ‘Law’ Actively not Passively

Learning requires you to make mistakes. The value of seminars and

assignments is the feedback you’ll receive enabling mistakes to be rectified
and understanding enhanced. It is, therefore, vital that you attend seminars
and prepare as fully as possible so we can make as accurate assessment as
possible of your strengths and weaknesses so your potential can be realised
fully. Seminars will also allow you to develop confidence in articulating your
views within a supportive context - tutors do not expect ‘right’ or ‘correct’
answers but evidence of enthusiasm, commitment, team work, and all round
effort.

At this level, ‘learning’ does not mean remembering (i.e., case facts or
opinions) but engaging actively with the materials. The ‘law’ in its most
general sense is a creation and reflection of societal values past and present.
It is a dynamic body of learning that evolves and changes. As such there are
no ‘right’ answers to problems set; rather, there are more or less persuasive
arguments based upon and supported by the existing legal materials. If
nothing more, we wish to encourage you to adopt a critical and inquiring
attitude towards legal materials as evidenced by well constructed and
supported arguments.

Your timetable does not reflect, therefore, the actual work you will need to put
in to achieve success on the course. You will not be told this. You are
expected to adopt a mature and independent approach to your time
management and planning for lectures, seminars, reading, note-taking,
assignments, deadlines etc.

Finally:
 prepare for lectures by knowing what is to be lectured as well as doing
some background reading of relevant chapters and cases

 prepare for seminars by writing answers to questions set and providing

evidence for such preparation if asked

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 contribute to seminar discussion

 come to seminar classes in the knowledge that you will be asked questions
as part of group discussion

 read the relevant course noticeboard on a daily basis: you are responsible
for keeping yourself informed about timings and any venue changes in
venue regarding both lectures and seminars.

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7. Syllabus and Content
IMPORTANT NOTE: The following Lecture schedule is indicative only - the
individual lecturer may spend more/less time than indicated on certain topics.
It is important that you attend lectures regularly so you remain informed of any
changes in timing of this syllabus - this is your responsibility.

The seminar schedule will follow the pattern below but individual tutors may at
some points re-schedule some classes, because of contingencies, or add
additional classes, such as revision, so it is again important that you attend
seminars on a regular basis and keep yourself informed – this is your
responsibility.

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Week
commencing Lectures Seminars
14th Sept 1a.
-Introduction to the Module

- Introduction to land law and the

concepts of equity and trusts and
1925 Property legislation

21st Sept 1b. Introduction to land law and

the concepts of equity and trusts
and 1925 Property legislation

2a. Registered and Unregistered

title to land

28th Sept 2b. Registered and Unregistered

title to land
5th Oct 3a. Leases 1. Introduction to Land & Registered
Land – Systems of Registration
12th Oct 3b. Leases

19th Oct 4a. Easements 2. Leases

26th Oct 4b. Easements

2nd Nov 5a. Covenants 3. Easements

9th Nov 5b Covenants

16th Nov 6a. Co-Ownership 4. Covenants

23rd Nov 6b. Co-Ownership

SUBMIT COURSEWORK FRIDAY 27th NOVEMBER 2020

30th Nov 7a. Mortgages 5. Co-Ownership

7th Dec 8. Revision 6. Mortgages

11th Jan
JANUARY EXAM WEEK

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8. Recommended Book Purchases and Reading

There are four types of book on the market:

(1) Textbooks - these give a broad overview of key principles and
cases and provide the ‘basic’ framework for the topics in the syllabus;
(2) Case-Books - these comprise extended extracts of the leading
cases, and statutes, as well as useful commentary on the significance
of the case or selected judgements, and are a useful way of accessing
cases, when law reports are inaccessible;
(3) Cases and Materials - like case-books these books have
extended case extracts but also contain extracts from scholarly and
professional journals allowing a deeper appreciation of the context
within which legal issues are defined and arise;
(4) Monographs/Edited Collections - these are the most specialised
academic books which provide the in-depth analysis of principles,
issues and context surrounding legal doctrines and rules, and are
perhaps best consulted in the library and used for assignments/projects
where a close analysis of specific issues is required.

Recommended Books

Full details of suitable textbooks are available through the Reading List
Online on the Blackboard module space.

Our recommended core textbooks for this module are as follows:

 Sandra Clarke and Sarah Greer, Land Law Directions 7th edition
(Oxford University Press, 2020) - This covers the basics very well
and is well-presented

OR

 Martin Dixon, Modern Land Law (11 edn Routledge 2018) - Easy
to read by much-published academic

Other books to consider include:

Textbooks

MacKenzie and Nair Land Law 17th edition (2018) OUP

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Or Mark P Thompson, Modern Land Law 7th edition (2019), OUP – Easy to
read and covering some useful very recent cases.

Cases and Materials books

If you feel the need for a cases and materials text please bear in mind
you can easily find case summaries and full reports on databases such
as Lexis and Westlaw.

Roger Smith Property Law: Cases and Materials (Longman Law Series)
Pearson 2015 6th edition. (perhaps a cheaper used version if you think it
would be useful).

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9. Assessment

To test whether you have understood what you have been taught as
well as what you have read, you will be assessed through:

Coursework – 50% of the final grade

Your first land law assessment will be a piece of coursework that will be
broadly based on the issues arising from one or more of the subject
topics that you will have studied. Th coursework should be no more
than 1,500 words and will be either a response to a problem-based
scenario question which requires the application of facts or an essay of
a topical area of land law.

Prior to the submission of the coursework you will receive some

guidance on how to approach a land law coursework.

The deadline for the completion of the Coursework is Friday 27th

November at 11.59pm.

Exam- 50% of the final grade

At the end of the module you will sit a 2hr unseen, closed book
examination in Land Law. This will comprise a mixture of essay and
problem style questions, similar in format to the ones you will have
attempted in your workshop sessions.

You will be required to attempt three questions of equal marks.

Prior to the examination, you will have some revision sessions, which
will discuss similar issues to those relevant to the examination.

Your land law exam will take place in week commencing 11th
January 2021.

Further reference should be made to the School of Justice(formerly

Lancashire Law School) Student Assessment handbook which is
normally available on Blackboard in the assignment section and the
UCLan student handbook(available on the main website) for full details
of the assessment regulations.

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10. Seminar questions
See the following pages

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SEMINAR: SYSTEMS OF REGISTRATION

Aims

To test your knowledge and understanding of:

 the concepts of the legal definition of land, estates and interests in both
unregistered and registered land
 the fundamental principles of the LPA 1925, the LRA 2002, the LCA
1972
 the dual system of land ownership

Reading

Relevant text-book material (A lot of reading at first but we will revisit a lot of
these points in later sessions)

Land Law 7th Edition Sandra Clarke and Sarah Greer Chapters 1-4
OR
Modern Land Law, Martin Dixon Chapters Chapters 1-3
OR
Thompson chapter 5 – Registered Land – chapters 3 and 4 are useful as
background
OR
MacKenzie and Nair 17th Edition Chapters 1, 2 5 and 6.

Remember most relevant cases summarised in casebooks

Law of Property Act 1925, sl, s2, s198, s.205(1)(ix)

Land Charges Act 1972 ss1-4
Land Registration Act 2002 s.4, s.6, s.7, s.29, s.32, s.40, Schedule 1 and
3
Elitestone v Morris [1997] 1 WLR 687
Parker v British Airways [1982] QB 1004
Bernstein v Skyviews Ltd [1978] QB 474
Midland Bank Trust Co Ltd v Green [1981] AC 487
Lloyds Bank plc v Carrick [1996] 4 All ER 630
Ives v High [1967] 2 QB 379
Williams & Glyns Bank v Boland [1981] AC 487
City of London Building Society v Flegg [1988] AC 54
Abbey National Building Society v Cann [1991] 1 AC 56
State Bank Of India v Sood [1997] Ch 276
Lyus v Prowsa Developments [1982] 1 WLR 1004
P. Ferguson (1996) 112 LQR 549 (non-registration and Carrick)
MP Thompson (1995) CLJ 280 (registered land and equity)
Cooke, “The Land Registration Bill 2001

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 Learning Outcomes

After completing this seminar you should be able to:

 state the fundamental principles of the LPA 1925 and the LRA 2002
 give a legal definition of land and estates and interests in land and
differentiate between them
 describe how estates and interests in land may be created, held and
transferred
 give a legal definition of registrable, minor and overriding interests in
registered land and differentiate between them using examples
 describe how registrable, minor and overriding interests may be
created, held and transferred
 distinguish and determine the priority between competing claims to the
possession of land through analysis, evaluation and application of the
relevant principles of the LPA 1925, the LRA 2002 and the LCA 1972

1 Explain the concept of relativity of title and how it applies to chattels.

Is it of significance where items are found?

2 Consider the relationship between the degree and purpose of

annexation tests, and consider whether the following are likely to be
fixtures or chattels:

a. A houseboat
b. A Portacabin
c. A greenhouse
d. Free-standing stone lions in a garden

3 How are legal estates and interests treated in unregistered land? Is this
reflective of the position before 1926?

4 Identify the different types of equitable interests in unregistered land,

and briefly explain:

a) The operation and purpose of the Land Charges Register

b) The concept of overreaching
c) The doctrine of notice

5 Identify the three principles of registered land and briefly explain the
operation of the following:

a) Registrable interests and minor interests (interests which need

to be protected as an interest on the Register). Which of the
above three principles above is relevant here?
b) The concept of overreaching in registered land. Which of the

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 above three principles above is relevant here?
c) Overriding interests. Which of the above three principles above
does this encroach upon?

6 By a lifetime Deed of Settlement, Sasha settles Sea View on her

trustees on trust for Baz for life, remainder to Rena. How are the
interests of Baz and Rena protected should Sea View be sold to
Paolo? Would your answer differ if Sasha appointed one trustee only?
(Consider in relation both to registered and unregistered land for the
protection of interests in land)

7 Harry and Winnie purchased Sandy Brook together in 2014. The

property was conveyed into Harry’s sole name, but Winnie contributed
one quarter of the £200,000 purchase price. Winnie lives at Sandy
Brook and her possessions are littered around the house. In 2016,
Harry wanted to obtain £150,000 in order to expand his business, so
he approached Floyds Bank. Before lending the money to Harry, the
bank insisted upon being granted a legal charge over Sandy Brook,
with which request Harry willingly complied. Throughout this
transaction, the Bank dealt only with Harry as sole legal owner.

Harry has now defaulted upon his repayments and the Bank is
claiming possession of the property. Winnie claims that she has an
interest in the house and refuses to move out.

Advise Winnie:
a) Whether she is likely to have an interest in the house;
and
b) Whether her interest will affect the Bank’s possession
claim.

Would it make any difference if the legal charge had been taken out by
Harry in 2013 in order to purchase the property?

8 Vin agrees to sell Sea View to Polly at some time within the next ten
years for £300,000. How can Polly protect her estate contract and
ensure Vin carries out his promise and does not decide to sell to
Cara? Would Polly have any remedy available if Vin did sell to Cara?
(Consider in relation both to registered and unregistered land for the
protection of interests in land)

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SEMINAR: LEASES

Aims

To test your knowledge and understanding of:

 the essential characteristics of a leasehold estate
 the formalities required to create a valid lease at law
 the role of equity in the creation of leases
 the effect of legal and equitable leases on owners of land

Reading

Relevant text book material

Land Law 7th Edition Sandra Clarke and Sarah Greer Chapter 5
OR
Modern Land Law, Martin Dixon Chapters Chapter 6 - Leases
OR
Thompson 6th Edition- Chapters 3 and 11 and 15 pp609-638
OR
MacKenzie and Nair 17th Edition Chapters 4, 9

LPA 1925 ss52 & 54

Law of Property (Miscellaneous Provisions) Act 1989 s.2
Lace v Chantler [1944] KB 368
Prudential Assurance Co. Ltd. v London Residuary Body [1992] 3 All ER
504
Javad v Aqil [1991] 1 WLR 1007
Somma v Hazelhurst [1978] 1 WLR 1014
Street v Mountford [1985] 2 All ER 289
Antoniades v Villiers [1988] 3 WLR 139
AG Securities v Vaughan [1990] 1 AC 417
Duke v Wynne [1989] 3 All ER 130
Walsh v Lonsdale [1882] 21 Ch D 9
Commission v New Towns v Cooper [1995] 2 All ER 929
Cormish v Brook Green Laundry [1959] 1 QB 394
Warmington v Miller [1973] QB 877
Yaxley v Gotts [2000] 1 All ER 711
Bruton v London and Quadrant Housing Trust [2000] 1 AC 406
Lloyd v Dugdale[2001]EWCA Civ 1754
S.Anderson (1985) 48 MLR 712 (Street)
P. Sparkes (1993) 109 LQR 103 (certainty of term)
P Routely (2000) 63 MLR 424 (Bruton)

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Be prepared to discuss the following:

1. Explain what is meant by:

(1) A fixed term tenancy;

(2) An express periodic tenancy;
(3) An implied periodic tenancy;
(4) A tenancy at will

2. “The House of Lords in Street v Mountford cut a swathe through the

existing case law and established a completely novel approach to the
much vexed lease/licence distinction.” (Kenny)

Analyse the novel approach.

3. Until last week, Gary owned the fee simple in Nos. 2 and 4 Cherry
Lane, having purchased No. 2 in 1988 and No. 4 five years later.

No. 2 Cherry Lane is a small cottage with one bedroom. Ismail and
Mia, a young engaged couple, moved into No. 2 in December 2019,
and each signed separate ‘licence’ agreements by which Gary
reserved the right to introduce a new occupier into the property in the
event that either Ismail or Mia decided to leave in the future. Gary
casually mentioned to them that the total quarterly rent would be
£1,200, though the agreements stated that each occupier should pay
separate half-shares.

Gary stipulated that he may need to stay at No. 2 if his current

matrimonial problems worsened and that over the Christmas period, he
would wish to collect holly from the rear garden of the property to sell in
his newsagent’s shop, just down the road from No. 2. Mia is Gary’s
niece and is employed by him in his shop, which she opens up for
business at 5.00 am every day.

In January 2020, Gary and Alia met and agreed that Alia would take a
six year lease of No. 4 Cherry Lane (a bakery), after which Alia sent
Gary a fax confirming what they had discussed. Gary responded by e-
mail to say that the contents of her fax met with his approval. It was
agreed that Alia would pay an annual rent of £9,600 and would attend
to some renovations to the property, including installation of new ovens
and counters and erection of a new veranda over the front door of the
property. Gary told Alia that he would have the paperwork sorted out
as soon as he had time. To enable Alia to start the repairs before the
lease began, Gary gave Alia a key to the property and began to accept
weekly payments from her of whatever she could afford. Alia gave up
her job and moved house so that she would be nearer to No. 4. She
also renewed the central heating boiler at the property.

25
 Gary has just sold the fee simple of both properties to Jasper, who has
since discovered that Alia has not completed any of the required
improvements to No. 4. Last week, the original veranda fell on to a
passing pedestrian. Jasper has served notice on Ismail, Mia and Alia,
requiring them to vacate the respective properties by the end of the
month. None of the occupiers wishes to leave.

Advise Ismail, Mia, Alia and Jasper.

Please note: Disregard any statutory protection afforded to residential and business
occupiers.

Learning Outcomes

After completing this seminar you should be able to:

 describe the characteristics of a lease and a licence to occupy land,
differentiate between them and advise on the consequences of each
type of interest to an owner of land
 describe the formalities for the creation of a lease at law, determine
when these formalities have been complied with and advise on the
consequences of non-compliance
 describe the nature of the different types of leases that can exist at law,
differentiate between them and advise on the consequences of each
type of lease to an owner of land
 describe the role of equity in the creation of a lease and determine
when an equitable lease will be created
 describe the nature of the different types of leases that can exist in
equity and advise on the consequences of each type of lease to an
owner of land
 determine the priority between legal and equitable leases and advise
on the consequences of such determination

26
SEMINAR: EASEMENTS

Aims

To test your knowledge and understanding of:

 the characteristics of an easement
 the formal and informal methods of creation of an easement
 the effect of easements on owners of land

Reading

Relevant text book material

Land Law 7th Edition Sandra Clarke and Sarah Greer Chapter 12
OR
Modern Land Law, Martin Dixon Chapters Chapter 7
OR
Thompson 6th Edition- Chapter 13
OR
MacKenzie and Nair 17th Edition Chapter 24

LPA 1925 s62

Prescription Act 1832
Access to Neighbouring Land Act 1992
Re Ellenborough Park [1956] Ch 131
Hill v Tupper [1863] 2 H&C 121
Moody v Steggles [1879] 12 Ch.D 261
Copeland v Greenhalf [1952] Ch 488
Wright V McAdam [1949] 2 KB 744
London & Blenheim Estates v Ladbroke Retail Parks Ltd [1994] 1 WLR 31
Allen v Greenwood [1979] 1 All ER 819
MRA Engineering v Trimster Co. Ltd [1987] 56 P&CR 1
Wheeldon v Burrows [1879] 12 Ch D 31
Wheeler v JJ Saunders [1996] Ch 19
Sovmots Investments V SS for Environment [1979] AC 144
Ward v Kirkland [1967] Ch 194
Stafford v Lee (1992) 65 P & CR 172
Wong v Beaumont [1965] 1 QB 1973
Mills v Silver [1991] Ch 271
Crabb v Arun DC [1976] 1 Ch D 179
P & S Platt Ltd v Crouch [2004] 1 P&Cr 18.
Moncrieff v Jamieson [2007] 1 WLR 2620
Waterman v Boyle [2009] EWCA Civ 115, The Times,30 March 2009
Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd & Others [2018]
EKSC 57
L Tee (1998) Conv. 115 (s.62)

27
1. Assume that X owns Greenacre, and that Y is the adjoining
landowner. Do the following have the characteristics of an
easement?

(1) A beautiful view at the rear of the property

(2) Use of Y’s adjoining land by X to exercise horses
(3) Supply of heated water to X’s house from Y’s land via a pipe
from Y’s land
(4) Use of a piece of Y’s land by X to park X’s car

2.

Mario wanted to sell one half of his land to raise money. He decided to keep
the larger plot (the house – Plot A) for himself and sell the smaller plot (the
cottage – Plot B) to Pedro.

For many years, Mario and any guests of his who stayed at the cottage had
been in the habit of parking their cars on a small paved area which is now
located on Plot A. Mario used to grow delicate flowers in the greenhouse on
Plot B, which was one of the reasons why Pedro, a fellow member of the
Orchid Society, purchased the cottage from Mario.

Pedro bought the cottage six months ago. Mario now refuses to allow him to
park his car on the paved area and he has built a fence in front of Pedro’s
greenhouse. There is no parking space at the cottage and Pedro now has to
leave his car on the road over half a mile away. Mario’s fence is fifteen feet
high and is situated on the south side of the greenhouse, which now receives
very little light.

Advise Pedro

3. Alan runs a successful gymnasium in an old converted mill, of which he

is the freehold owner. Almost six years ago he granted a five-year lease of
part of the mill to Zoe, who runs a cafeteria. As time went on, Alan allowed
Zoe to use the gymnasium swimming pool and to use one of the rooms in the
gymnasium to store her provisions. Last year Alan renewed Zoe’s lease for a
further five years.

Alan now regrets renewing Zoe’s lease, and, in the course of a recent
argument between them, he told her that she could no longer use the
swimming pool or store her provisions in the storeroom.

Advise Zoe whether she will be able to continue using the swimming
pool and the storeroom. Consider the merits and drawbacks of the
method of acquisition used above, in comparison with the method
which you applied in Question 2.

28
4. Steve purchased a plot of land, known as “The Willows”, in 2018. One
edge of The Willows adjoins “The Rowans”, which has been owned by Robert
since 1976. At the edge of Robert’s land, bordering The Willows, there is a
path which belongs to Robert. When Steve bought The Willows he was
assured by Joe, the vendor, that he could use this path at any time in order to
get to the stables from the main road because previous owners had used it
“for many years”. However, although Joe did use the path when he initially
bought the The Willows, he had not done so since selling his horses in 2011.

Steve renovated the stables and opened a riding school, which was very
successful. At first Robert did not object to Steve’s use of the path, even when
Steve drove his Range Rover along it, but he complained when members of
the public began using the path in order to get to the riding school. Steve’s
clients then began parking on the path whilst they attended the riding school,
thereby ensuring that Robert could not drive his tractor along the path. Robert
became so annoyed that he erected gates at the bottom of the path by the
road. The gates have been locked for about nine months. Steve’s clients now
have to park their cars at the Willows and walk across two muddy fields in
order to reach the riding school.

Advise Steve whether he is likely to succeed in establishing a right of

way along the path, in order to run his business as he wishes.

Learning Outcomes

After completing this seminar you should be able to:

 give a legal definition of an easement and differentiate between
positive and negative easements using examples
 describe the characteristics of an easement and a licence to use land,
determine when these characteristics exist, distinguish between them
and advise on the consequences of each type of interest to an owner
of land
 describe the formalities for the creation of an easement, determine
when these formalities have been complied with and advise on the
consequences of non-compliance
 describe the different methods of informal creation of an easement,
determine when an easement will arise and advise on the
consequences of informal creation to an owner of land
 describe the role of equity in the creation of an easement, determine
when an equitable easement will be created and advise on the
consequences to an owner of land
 describe the methods used to protect legal and equitable easements
 compare those methods and prioritise them using certainty of
protection as the determinant

29
SEMINAR: FREEHOLD COVENANTS

Aims

To test your knowledge and understanding of:

 the characteristics of a freehold covenant
 the creation of a freehold covenant
 the legal and equitable rules relating to the passing of the benefit and
burden of freehold covenants
 the effect of freehold covenants on owners of land

Reading

Relevant text book material

Land Law 7th Edition Sandra Clarke and Sarah Greer Chapter 13
OR
Modern Land Law, Martin Dixon Chapter 8
OR
Thompson 6th Edition- Chapter 14
OR
MacKenzie and Nair 17th Edition Chapter 25

LPA 1925 ss.78, 79, 84

Land Charges Act 1972 s.4(6)
Contracts (Rights of Third Parties) Act 1999
Smith & Snipes Hall Farm Ltd v River Douglas Catchment Board [1947] 2
KB 500
Rogers v Hosegood [1900] Ch 388
Renals v Cowlishaw [1878] 9 Ch.D 125
Re Ballards Conveyance [1937] Ch 473
P & A. Swift Investments v Combined English Stores [1989] AC 632
Rhone v Stephens [1994] 2 All ER 65
Federated Homes v Mill Lodge Properties [1980] 1 WLR 594
Roake v Chadha [1983] 3 All ER 503
Tulk v Moxhay [1843] 2 Ph 773
Haywood v Brunswick Permananet Building Society [1881] 8 QB 403
London County Council v Allen [1914] 3 QB 642
Morrels of Oxford Ltd v Oxford United FC [2000] The Times August 15th
Baxter v Four Oak Properties Ltd [1965] 1 Ch 816
Emile Elias v Pine Groves Ltd [1993] 1 WLR 305
Jamaica Mutual Life Assurance Society v Hillsborough [1989] 1 WLR
1101
Halsal v Brizell [1957]
Thamesmead Town Ltd v Allotey [1998] 3 EGLR 97
GH Newsom "Universal Annexation" (1981) 97 LQR 32
Wilkinson (1991) Conv 170
Clarke (1995) 58 MLR 486

30
1. Define the covenantor and the covenantee.

2. Explain what is meant by the phrase “touch and concern”. Give examples.

3.

Victor is the fee simple owner of ‘The Old Hall’ which is situated in a twenty-
acre estate in pleasant rural countryside.

In 2000, he sold 5 acres of the estate as a building plot to Patrick. In the

conveyance and knowing that one day, Victor would wish to sell The Old Hall
to his cousin, Robert, Patrick covenanted for the benefit of Victor, his heirs
and assigns that he would:

(1) erect and maintain a boundary wall between his plot and the rest of the
Old Hall estate;
(2) use the land solely for private residential purposes; and
(3) pay £100 p.a. to Victor’s daughter Mary

In 2004, Patrick sold the 5-acre plot, which by then had a house on it, to
Quentin “subject to” the covenants entered into by him with Victor. In 2006,
Victor sold The Old Hall and the remaining 15 acres to Robert without
reference to the covenants in the 2000 conveyance.

The boundary wall is now in need of repair. Further Quentin is proposing to

use the building as a guest house and has never paid any money to Mary.

Advise Robert.

4. “A man cannot take a benefit under a deed without subscribing to the

obligations thereunder.”

(Halsall v Brizell [1957] Ch 169 at 172 per Upjohn J)

Discuss the problems arising from the principle that the burden of
covenants does not run at law and how the principle in Halsall v Brizell
has been expanded or contracted by later case law.

What other methods can be used to circumvent the rule that the burden
of a positive covenant cannot run with freehold land.

31
 Learning Outcomes

After completing this seminar you should be able to:

 give a legal definition of a covenant and the covenantor and

covenantee
 differentiate between positive and negative covenants using examples
 state the rules for the running of the benefit of a covenant with the land
at law and determine when those rules are satisfied
 state the rules for the running of the benefit and burden of a covenant
in equity and determine when those rules are satisfied
 identify different techniques for circumnavigating the rule of law relating
to the burden of covenants and determine when use of those
techniques are justified and satisfied
 evaluate the impact of freehold covenants on owners of land and
explain how that impact may be avoided

32
SEMINAR: CO-OWNERSHIP

Aims

To test your knowledge and understanding of:

 the use of trusts within co-ownership of land
 the different forms of co-ownership at law and in equity
 the rights, powers and duties of co-owners of land

Reading

Relevant text book material

Land Law 7th Edition Sandra Clarke and Sarah Greer Chapter 7 & 8
OR
Modern Land Law, Martin Dixon Chapter 4
OR
Thompson 6th Edition- Chapter 10
OR
MacKenzie and Nair 17th Edition Chapters 14 & 17

LPA 1925 ss. 1(6), 34-36, 184

Trusts of Land & Appointment of Trustees Act 1996, ss.l,3,4,5,6, 10,11,12, 13,
14,15,
Burton v Camden Borough Council [2000] 1 All ER 943 at 947
Goodman v Gallant [1986] Fam 106
Barton v Morris [1995] 1 WLR 1257
Malayan Credit Ltd v Jack Chia-Mph Ltd [1986] AC 549
Re Draper's Conveyance [1969] 1 Ch 486
Harris v Goddard [1983] 3 All ER 242
Kinch v Bullard [1999] 1 WLR 423
Burgess v Rawnsley [1975] Ch 429
Gore and Snell v Carpenter [1990] 60 P & CR 456
Greenfield v Greenfield [1970] 38 P & CR 570
TSB Bank v Marshall [1998] 2 FLR 769
Mortgage Corporation v Shaire [2000] Ch 25 February
Judd v Brown and Brown [2000] 79 P&CR 491
JG Ross Martyn (1997) Conv 237 (occupation)
French v Barcham [2009] 1 WLR 1124.
Pankhania v Chandegra [2012] EWCA Civ 1438
S Pascoe (2000) Conv 315 (s.15)
MP Thompson (2000) Conv 329 (s.15)

33
1. Explain how co-ownership of land operates. What are the main
features of the joint tenancy and tenancy in common?

2 How may a joint tenancy be severed by statutory means and

otherwise? Distinguish between section 196(3) and 196(4) of the Law
of Property Act 1925 in relation to statutory severance.

3. Rosie, Simba, Tilly, Urma and Victor purchased the freehold of

Badger’s Lair in 2015. At the time they were all studying veterinary
science at Prestown University and intended to use the property as
their home. None of them wanted to stay in Halls of Residence as they
wanted to be able to keep their domestic pets with them at the
property. They contributed to the purchase price equally and the
property was transferred to them all by deed. Title to Badger’s Lair
was registered at the Land Registry. Shortly after they moved in, Victor
was killed in a white river rafting accident during his 18 th birthday
celebrations. Under the intestacy rules, all his property went to his
mother Winnie.

In 2017, Simba decided he could not afford his contribution to the

upkeep of the property and asked the others to buy out his interest.
The friends had several discussions over a few weeks, but nothing was
finalised. In 2018, Simba left the property to study further abroad and
wrote to the others advising them that he had sold his share in the
property to Xing. Simba stated that he expected his friends to pay Xing
a rent for the use of this share of the property.

Last year, Rosie wrote to her friends saying that she had been offered
a job and would be moving away. She insisted in the letter that the
property must be sold and her interest paid out to her immediately.
Rosie posted the letter to ‘The Owners, Badger’s Lair, Windy Lane,
Prestown’. On arriving home the following day, Rosie received a
telephone call saying that Tilly had been taken to hospital with serious
injuries suffered in a car accident. Seeing her letter with the post,
Rosie picked it up and put it in her bag, not wanting to upset the others
at that time. Tilly died later that day.

Rosie and Xing now want to sell the property. However, Urma insists
that it should be retained as she has started running a veterinary
practice from the property with her partner Abdul and the business is
really thriving. She is also expecting a child in a few months and she
wants to be able to use the property as her family home.

34
(1) Consider the legal and equitable ownership of Badger’s Lair

(2) Consider what powers such persons will have over the legal estate

(3) Rosie and Urma also die. Xing arranges to sell Badger’s Lair to
Barbur and Carla. Who should sign the deed of transfer and do
Barbur and Carla take free of any beneficial interests in the land?

4. The joint tenancy has long been regarded as “odious in equity” [R v

Williams (1735) Bunb. 342 at 343]. Is there any justification for
maintaining the presumption of joint tenancy?

Learning Outcomes

After completing this seminar you should be able to:

 give a legal definition of co-ownership

 explain the relationship between co-ownership and trusts of land
 differentiate between co-ownership at law and in equity
 determine the nature of co-ownership at law and in equity
 apply the rules of survivorship to a joint tenancy at law or in equity and
determine the consequences of their application
 apply the rules of severance to a joint tenancy in equity and determine the
consequences of their application
 discuss the effect of TLATA 1996 in relation to co-ownership of land
 state how disputes in relation to co-owned land are resolved and demonstrate
by use of examples the application of the relevant rules relating to dispute
resolution.

35
SEMINAR: MORTGAGES

Aims

To test your knowledge and understanding of:

 the nature and effect of mortgage
 the rights and remedies available to a mortgagor and mortgagee
 the principles of undue influence in relation to mortgages

Reading

Relevant text book material

Land Law 7th Edition Sandra Clarke and Sarah Greer Chapter 14
OR
Modern Land Law, Martin Dixon Chapters Chapter 11
OR
Thompson 6th Edition- Chapter 12
OR
MacKenzie and Nair 17th Edition Chapters 22

LPA 1925 ss.85, 87, 99, 101, 103, 105

AJA 1970 s.36
AJA 1973 s.8
LP(MP)A 1989 s.2
Unfair Terms in Consumer Contracts Regulations 1999
Downsview Nominees Ltd v First City Corporation Ltd [1993] AC 295 at
311
Krelinger v New Patagonia Meat Company [1914] AC 25
Knightsbridge Estates Trust v Bryne [1938] 4 All ER 618
Jones v Morgan [2001] The Times 24.7.01
Multiservice Bookbinding Ltd v Marden [1978] 2 All ER 489
United Bank of Kuwait v Sahib [1996] 3 All ER 215
Cheletenham and Gloucester Building Society v Norgan [1996] 1 All ER
449
Cheltenham and Gloucester plc v Krausz and another [1997] 1 All ER 21
Rapaigelach v Barclays bank plc [1999] 4 All ER
Medforth v Blake [1999] 3 All ER 97
Cuckmere Brick v Mutual Finance Ltd [1971] Ch 949
Barclays Bank v O’Brien [1993] 4 All ER 417
CIBC Mortgages v Pitt [1993] 4 All ER 433
Credit Lyonnais Bank Nederland NV v Burch [1997] 1 All ER 144
Dunbar Bank plc v Nadeem and another [1998] 3 All ER 876
Royal Bank of Scotland v Etridge (No.2) [2001] 4 ALL ER 449
Thompson v Foy [2009] EWHC 1076 (Ch).
Horsham Properties Ltd v Clark and Beech [2009] 1 WLR 1255
Meah v GE Home Finance Ltd [2013] EWHC 20 (Ch).

36
C Harpum and M Dixon (1994) Conv. 421 (notice)
A Dunn (1999) Conv. 263 (possession)

Discuss the following:

1.
Explain how both legal and equitable mortgages are created.

2.
The mortgagor’s equity of redemption has been described as a “bundle of
rights”.

Consider the following facts and identify and explain which of the
“bundle of rights” Hayley may be able to rely on to challenge each of the
terms of the legal charge:

In January 2017, Hayley needed £100,000 to support her floristry business,

“Flower Power”. Hayley asked Anton, her ex-employer, to lend her money.
Anton agreed on condition that Hayley granted him a legal charge over her
business premises. Hayley agreed to the charge, which contained the
following terms:

a) The term of the mortgage shall be ten years, regardless of the sums
outstanding;
b) The rate of interest shall be 25% per annum on any late payments;
c) Anton may purchase the property in return for the consideration of
£100,000 at any time during the term of the mortgage;
d) Hayley is to provide flowers, at Anton’s request, for the annual
Secret Policemen’s Ball for the next ten years.

At first Hayley struggled to make the repayments and incurred interest at 25%
on a number of late repayments. Now that the business is doing well, she
would like to redeem the mortgage, but Anton refuses. Anton also wants to
purchase Hayley’s shop to use for his own business. Hayley is sick of
providing flowers for the Secret Policeman’s Ball, at a cost of over a thousand
pounds, every year, and she wants to know if she has to continue providing
flowers.

3.
In 2017, Lucy and Mike purchased their home for £200,000 with a loan of
£180,000 from the Helpful Bank, secured by way of legal mortgage on their
home. The mortgage was granted for a term of 25 years. The legal charge
contained a clause which stipulated that Lucy and Mike would grant no
tenancy without the Bank’s prior written agreement.

In 2019, Mike was made redundant and Lucy became pregnant, and so had
to take maternity leave. To alleviate their financial difficulties, they granted a

37
monthly tenancy of the first floor of their house to Norman without notifying the
Bank. Despite their efforts, Mike and Lucy are 6 months behind with their
mortgage payments and the Bank says possession proceedings are being
considered.

Advise Mike and Lucy, who have been told that at the present time the
value of the home is no more than £150,000. Mike has an interview for a
full-time job and Lucy will be returning to work soon. Also advise
Norman, who wishes to remain and who pays his rent regularly.

Should the couple consider giving up possession of their home

voluntarily?

4.

“The net result of Etridge (No 2) is effectively to diminish the protection

afforded to sureties by the ruling in Barclays Bank plc v O’Brien and, in the
process, to shift the heat from the banks to the solicitors who may or may not
have given accurate advice to the surety”

(Gray & Gray, Elements of Land Law. 4th ed., Oxford, 2005 p.1658)

How does the Etridge Protocol differ from Lord Browne-Wilkinson’s test
in Barclays Bank v O’Brien? Do you agree with the quotation?

Learning Outcomes

After completing this seminar you should be able to:

 give a definition of a mortgage and describe its legal characteristics
 state the formalities for the creation of a mortgage at law, determine
when compliance has been achieved and advise on the consequences
of non-compliance
 state the requirements for the creation of a mortgage in equity and
determine when these requirements are satisfied
 state the rights and remedies available to a mortgagee, determine
when these will apply and advise on the consequences of their
application
 state the rights available to a mortgagor, determine when a mortgagor
may take advantage of those rights and advise on the consequences of
their application
 describe the operation of the principle of undue influence in relation to
a mortgage, determine when the principle applies and the
consequences of its application

38