True/False Quiz

Answer the questions below based on the facts of this short scenario. In 2005, A and B purchased the freehold estate of No. 1 Main Street. They are registered as freehold proprietors. There was a caravan on site when they inspected it and they are now disappointed to see that the old owners have taken the caravan with them. They have also dismantled the flagstones which had been under the caravan. As a result of this disappointment, in 2007, A and B decide to grant a lease to C to allow him to live there. The agreement they have reached is that he will live in the house for two years at a rent of £500 per calendar month. The parties never put this agreement in writing. A and B have sold the property to D. They did not register the transfer by mistake, although they did use a document signed by both parties, witnessed and called, on the top of the document, 'deed'. It is now early 2008.

Statute Quiz

Here you should outline the main effect, role, etc. of the provisions below. This is designed as a guide to the most important provisions, and as a means to improve your recall of the statutory provisions.

Case Law Quiz

Here you should attempt in one or two sentences to outline the main points to be taken from these cases and also three or four key words with their subject matter. This should assist in revision.

Short Answer Questions

Podcasts

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Podcast Script

This podcast looks at the notion of property rights and introduces registered land.

The study of land law requires a sound grasp of certain basic distinctions and concepts. These podcasts aim to elucidate these concepts with a view to making the study of this at times difficult subject more manageable. It is of course not possible to explain the whole of land law in 12 5 minute podcasts but it should be possible begin to develop a general understanding of many of the key elements of the subject.

This first podcast which accompanies the first chapter will look at the fundamental buildings blocks of the land law system. We will be looking in the first part at the notion of property rights, and in the second at the concept of registered land.

(1) Property Rights

In order to understand the distinction between proprietary, ‘in rem’ rights and personal rights, also known as rights in personam, it is necessary to look at the question from various angles- firstly, how does the right arise; secondly, what are the effects of the right, and in particular, who can be affected by the right; and thirdly, what sorts of interest tend to be proprietary?

Generally speaking, the creation of property rights will involve some sort of formality- written contracts, deeds, registration. Although as can be seen in later chapters this is not always necessary to the creation of property rights, there is a general policy that property rights ought to be accompanied by a degree of formality. A reason for this is that the consequences of creating property rights are wide-ranging, not only for the creator, but also for third parties, and as such a degree of caution and publicity is thought to be required.

A further distinguishing feature of property rights is their effects. Property rights are said to bind the whole world. They are not personal in that sense. This explanation of the nature of property rights oversimplifies the position- there are some cases where third parties are affected by the existence of personal rights of course- but generally property rights are identified by their ability to affect all third parties in the same way. Third parties are bound to respect the existence of the property right.

Another way of thinking about this is to see that property rights attach to the thing itself rather than to a person- hence the term ‘in rem’ - against the thing. They therefore affect all those who come into contact with the thing. Personal rights by contrast operate between persons.

Finally, property rights tend, because of the effects outlined above, to be of certain well-defined types. Lord Wilberforce in National Provincial Bank v Ainsworth outlined the features that a right needs before it can be considered proprietary. He argues that rights can only be proprietary if they are definable; identifiable; capable of being assumed by third parties; stable and enduring. Thus if rights do not meet these criteria then they will not fall into the list of interests which are capable of being property rights.

This distinction between personal and property rights can seem elusive at times, but it is a crucial one. The importance of the distinction can be seen if the outcome in Street v Mountford is considered. When reading this case, think about what difference classifying the interest in question as a personal right would have made.

Despite the areas of potential confusion however you should keep this general distinction in mind as you continue through your studies- especially when looking at leases, estoppel, licences and trespass.

(2) Registered Land

The concept of registration is a relatively new innovation in English land law, but it is the fundamental issue in modern land law. The specifics of how registration works are dealt with in Chapter 2. The concept of registration is however an important one to understand from the outset. The Land Registry is a public body whose job it is to keep a record of the rights that exist over land and their proprietor. Registration in English law is both a record of and confirmation of the existence of rights. It also protects registered rights against interference or destruction. On the other hand, it means that in many cases interests which are not registered will not receive such protection. The fact of registration or otherwise is of critical importance.

The registered land system is governed by the Land Registration Act 2002 and operates to the exclusivity of the rules on unregistered land. Land is either registered land or it is not. Registered land is land to which the title is registered. If land is registered then we know, firstly, the priority of rights is determined according to the 2002 Act; and secondly, that the doctrine of notice is irrelevant as it forms no part of the law relating to registered land.

In the next podcast we will look at registration in more detail and explain sections 28 and 29 of the Land Registration Act 2002. Today’s key concepts: property rights and personal rights, and registration.