7 - Interests in Land - Easements
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Rights to Light Consultation
Law Commission Consultation Paper No 210 RIGHTS TO LIGHT A Consultation Paper ii THE LAW COMMISSION – HOW WE CONSULT About the Law Commission: The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Rt Hon Lord Justice Lloyd Jones, Chairman, Professor Elizabeth Cooke, David Hertzell, Professor David Ormerod and Frances Patterson QC. The Chief Executive is Elaine Lorimer. Topic of this consultation: This Consultation Paper examines the law as it relates to rights to light. Rights to light are a type of easement which entitle a benefited owner to receive light to his or her windows over a neighbour’s land. We discuss the current law and set out a number of provisional proposals and questions on which we would appreciate consultees’ views. Geographical scope: This Consultation Paper applies to the law of England and Wales. Impact assessment: In Chapter 1 of this Consultation Paper we ask consultees to provide evidence in respect of a number of issues relating to rights to light, such as the costs of engaging in rights to light disputes. Any evidence that we receive will assist us in the production of an impact assessment and will inform our final recommendations for reform. Availability of materials: The consultation paper is available on our website at http://lawcommission.justice.gov.uk/consultations/rights-to-light.htm. Duration of the consultation: We invite responses from 18 February 2013 to 16 May 2013. Comments may be sent: By email to [email protected] OR By post to Nicholas Macklam, Law Commission, Steel House, 11 Tothill Street, London SW1H 9LJ Tel: 020 3334 0200 / Fax: 020 3334 0201 If you send your comments by post, it would be helpful if, whenever possible, you could also send them electronically (for example, on CD or by email to the above address, in any commonly used format). -
Introduction What Is Land?
Introduction What is Land? - LPA 1925, s 205: ‘Land’ includes land of any tenure, and mines and minerals…’ land includes not just tangible physical property, but also intangible rights in the land, such as the right to walk across a neighbours driveway. - Land is the physical asset and the rights the owner and others enjoy over it. ‘The idea of property in land’ – Kevin Gray and Susan Francis Gray - The idea of property is fragile, elusive and misused - Property is not a thing but a relationship - Property is the word used to describe particular concentrations of power over things. Statutory Formalities: LPA 1925: - Provided a redefinition of what rights could be legal or equitable - Says a lot about joint ownership, creation of proprietary interests, nature of fee simples and leaseholds LPA 1925, s1: - Legal Estates and Equitable Interests - (1) The only estates in land which are capable of subsisting or of being conveyed or created at law are— . (a) An estate in fee simple absolute in possession; . (b) A term of years absolute. (2) The only interests or charges in or over land which are capable of subsisting or of being conveyed or created at law are— . (a) An easement, right, or privilege in or over land for an interest equivalent to an estate in fee simple absolute in possession or a term of years absolute; . (b) A rentcharge in possession issuing out of or charged on land being either perpetual or for a term of years absolute; . (c) A charge by way of legal mortgage; . (d). (e) Rights of entry exercisable over or in respect of a legal term of years absolute, or annexed, for any purpose, to a legal rentcharge. -
Land Law Lawcards 2012-2013
Land Law 2012–2013 223657.indb3657.indb i 110/28/110/28/11 3:263:26 PMPM Eighth edition published 2012 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN Simultaneously published in the USA and Canada by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2012 Routledge All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice : Product or corporate names may be trademarks or registered trademarks, and are used only for identifi cation and explanation without intent to infringe. First edition published by Cavendish Publishing Limited 1997 Seventh edition published by Routledge 2010 British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library ISBN: 978–0–415–68343–2 (pbk) ISBN: 978–0–203–30845–5 (ebk) Typeset in Rotis by Refi neCatch Limited, Bungay, Suffolk 23657.indb ii 10/28/11 3:26 PM Contents Table of Cases v Table of Statutes xv Table of Statutory Instruments xxiii Table of European Legislation xxv Abbreviations xxvii How to use this book xxix 1 Fundamental concepts 1 2 Conveying title to land with unregistered title 11 3 Transferring title to land with registered title 19 4 Adverse possession and boundaries 31 5 Trusts of land 39 6 Resulting trusts, constructive trusts, proprietary estoppel and licences 53 7 Leases 67 8 Mortgages 85 9 Easements and profi ts à prendre 97 10 Freehold covenants 109 11 Putting it into practice . -
Easements Issues Paper A4
T A S M A N I A LAW REFORM I N S T I T U T E Law of Easements in Tasmania ISSUES PAPER NO 13 FEBRUARY 2009 CONTENTS About this Issues Paper ................................................................................................................i How to respond........................................................................................................................i Information on the Tasmania Law Reform Institute..................................................................i Acknowledgments...................................................................................................................ii Glossary.................................................................................................................................iii List of Questions..................................................................................................................... v Part 1 – Introduction ...................................................................................................................... 1 1.1 Background ................................................................................................................... 1 Part 2 – The Current Law in Tasmania........................................................................................... 3 2.1 What is an easement?..................................................................................................... 3 2.2 Express grant or reservation.......................................................................................... -
I Welcome to the Property Law I Course. the Materials Which Will Form the Basis of the Lecture Progr
1 2017-2018 PROPERTY LAW - I Welcome to the Property Law I course. The materials which will form the basis of the lecture programme are attached. Please bring them along to all sessions. Also included are questions, which we shall go through in class and past papers, which you can browse at leisure. The examination is a 90 minute, closed book exam. It will take the following format: The exam will comprised of two parts, Part I and Part II. There will be two questions in each part. Part I will contain essay questions and part II will contain problem questions. You must answer two questions, one from part I and one from part II. The questions in Part I are problem questions and in Part II essay type questions. If you need to contact me please use the following email address: [email protected] You may wish to purchase a textbook. The one I recommend is: Textbook on Land Law, Judith-Anne Mackenzie, published by Oxford University Press Contents Introduction Estates and interests in land Acquisition of land – contract and conveyance Acquisition of land – adverse possession Leases Easements Restrictive covenants 2 Topic ONE INTRODUCTORY LECTURE A. The Meaning of Property Property is a relationship between people and a thing, rather than the thing itself. Property is a construct of the law. It is the rights we have against other people recognised by our legal system in relation to a thing we claim to own. Land law is concerned with the relationship people have with land and the state of that land. -
Introduction to Land
‘The text is clear and easy to understand. It explains the issues very well indeed without over-simplifying fundamental points.’ Introduction to Land Law Introduction Dr Janine Griffi ths-Baker, Senior Lecturer, School of Law, University of Bristol ‘A clear, concise and accurate introductory text written by a leading authority in land law.’ Introduction to Dr Antonia Layard, Lecturer, School of Law, Cardiff University ‘Comprehensive and well-structured.’ Shan Cole, Senior Lecturer, School of Law, University of Glamorgan Land Law Roger Smith’s Introduction to Land Law presents a SECOND EDITION straightforward account of the law and its effects, giving a clear and accessible explanation of concepts students often fi nd diffi cult to grasp. It illuminates the interesting and thought-provoking issues stemming from land law. Roger J. Smith A unique chapter structure allows students to understand the fundamental place and practice of each subject area before delving into some of the deeper matters they will be expected to engage with throughout their course: • Nature and importance sets out, by use of examples, how the law functions and why it is important. Do you want to give yourself a head start come • Main issues and rules clearly explains the key exam time? principles in detail, including case analysis and diagrams where helpful. • Critical and controversial issues introduces areas Visit www.mylawchamber.co.uk/smithintro of topical debate and controversy, outlining the key to access interactive quizzes, sample issues and arguments, then encouraging students to exam questions with answer guidance, and form their own assessment of the law in each area. -
Modern Studies in Property Law: Volume 8
MODERN STUDIES IN PROPERTY LAW: VOLUME 8 This book contains a collection of peer-reviewed papers presented at the Tenth Biennial Modern Studies in Property Law Conference held at the University of Liverpool in April 2014. It is the eighth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection refl ects the diversity and contemporary relevance of modern research in property law. Incorporating a keynote address by Sir John Mummery, retired Lord Justice of Appeal, on ‘ Property in the Information Age ’ , a number of chapters consider the contribution of property law to issues central to the human condition; the home, health and death. Other papers illustrate an enduring need to question and explore fundamental concepts of the subject as well as to consider the challenges of reforming the law. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world. Previous volumes in this series: Modern Studies in Property Law: Volume 1 Edited by Elizabeth Cooke Modern Studies in Property Law: Volume 2 Edited by Elizabeth Cooke Modern Studies in Property Law: Volume 3 Edited by Elizabeth Cooke Modern Studies in Property Law: Volume 4 Edited by Elizabeth Cooke Modern Studies in Property Law: Volume 5 Edited by Martin Dixon Modern Studies in Property Law: Volume 5 Edited by Susan Bright Modern -
The Future of Prescriptive Easements in Australia and England
THE FUTURE OF PRESCRIPTIVE EASEMENTS IN AUSTRALIA AND ENGLAND FIONA BURNS∗ [The law of prescription — prescriptive easements in particular — has played a vital role in English and Australian land law. Prescriptive easements were easily accommodated into a land law system based on possessory, relative and defeasible titles. However, the advent of title by registration in both countries has raised the issue of whether prescriptive easements have any future value or utility. This article examines and compares the present state of prescriptive easements in Australia and England. It then considers arguments for changes to the law of prescriptive easements, and suggests what action would need to be taken if they were abolished. This article contends that abolition would not be a simple process, as prescription has not only had a role to play in protecting retrospective interests, but also in mediating claims for access and use between landowners.] CONTENTS I Introduction................................................................................................................. 4 II The Law of Prescription Operating Independently of Land Title Registration Systems ....................................................................................................................... 6 A The Common Law and Prescription .............................................................. 6 B England .......................................................................................................... 8 1 General Principles ............................................................................ -
JUDGMENT Regency Villas Title Ltd and Others (Respondents/Cross-Appellants)
Michaelmas Term [2018] UKSC 57 On appeals from: [2017] EWCA Civ 238 and [2015] EWHC 3564 (Ch) JUDGMENT Regency Villas Title Ltd and others (Respondents/Cross-Appellants) v Diamond Resorts (Europe) Ltd and others (Appellants/Cross- Respondents) before Lady Hale, President Lord Kerr Lord Sumption Lord Carnwath Lord Briggs JUDGMENT GIVEN ON 14 November 2018 Heard on 4 and 5 July 2018 Appellants/Cross Respondents/Cross- Respondents Appellants Tim Morshead QC John Randall QC Toby Watkin Marc Brown Andrew Latimer Katie Longstaff (Instructed by Pannone (Instructed by Shakespeare Corporate LLP Martineau LLP (Manchester) and Osborne (Birmingham)) Clarke LLP) Appellants/Cross Respondents:- (1) Diamond Resorts (Europe) Limited (2) Diamond Resorts Broome Park Golf Limited (3) Summit Developments Ltd Respondents/Cross Appellants:- (1) Regency Villas Title Limited (2) George Edwards (3) Victor Roberts (4) The Estate of William Malcolm Ratcliffe Deceased (5) Brian Andrews LORD BRIGGS: (with whom Lady Hale, Lord Kerr and Lord Sumption agree) 1. This appeal offers an opportunity for this court to consider, for the first time, the extent to which the right to the free use of sporting and recreational facilities provided in a country club environment may be conferred upon the owners and occupiers of an adjacent timeshare complex by the use of freehold easements. In the well-known leading case of In re Ellenborough Park [1956] Ch 131 the Court of Appeal decided that the shared recreational use of a communal private garden could be conferred upon the owners of townhouses built around and near it by means of easements. The use of the same conveyancing technique in the present case in relation to a much wider range of activities was, if not misguided, at least a more ambitious undertaking. -
Principles of Land Law
Principles of Land Law Fourth Edition Cavendish Publishing Limited London • Sydney EDITORIAL ADVISORY BOARD PRINCIPLES OF LAW SERIES Professor Paul Dobson Visiting Professor at Anglia Polytechnic University Professor Nigel Gravells Professor of English Law, Nottingham University Professor Phillip Kenny Professor and Head of the Law School, Northumbria University Professor Richard Kidner Professor and Head of the Law Department, University of Wales, Aberystwyth In order to ensure that the material presented by each title maintains the necessary balance between thoroughness in content and accessibility in arrangement, each title in the series has been read and approved by an independent specialist under the aegis of the Editorial Board. The Editorial Board oversees the development of the series as a whole, ensuring a conformity in all these vital aspects. Principles of Land Law Fourth Edition Martin Dixon, MA Fellow and University Senior Lecturer in Law Queens’ College, University of Cambridge Cavendish Publishing Limited London • Sydney Fourth edition first published in Great Britain 2002 by Cavendish Publishing Limited, The Glass House, Wharton Street, London WC1X 9PX, United Kingdom Telephone: +44 (0)20 7278 8000 Facsimile: +44 (0)20 7278 8080 Email: [email protected] Website: www.cavendishpublishing.com © Dixon, Martin 2002 First edition 1994 Second edition 1996 Third edition 1999 Fourth edition 2002 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except under the terms of the Copyrights Designs and Patents Act 1988 or under the terms of a licence issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1P 9HE, UK, without the prior permission in writing of the publisher. -
The Evolution of the Profit À Prendre and Its Importance in Australia
THE EVOLUTION OF THE PROFIT À PRENDRE AND ITS IMPORTANCE IN AUSTRALIA FIONA BURNS* I INTRODUCTION Traditionally, a profit à prendre (hereinafter referred to as a ‘profit’) is the ‘right to take something off the land of another person’1 and ‘to take some profit of the soil, or a portion of the soil itself … for the use of the owner of the right’.2 The kind of commodities which were conventionally the subject matter of a profit included wild animals, vegetation and any part of the soil such as stone, sand and minerals.3 Like an easement, a profit was and remains a proprietary interest in land which can be assigned, but generally unlike an easement it can exist ‘in gross’, that is unconnected to a specified dominant tenement.4 A profit was and remains exercisable in common with one or more persons or it may be exclusive or a right in severalty.5 Profits have had an important and continuous role in the history of land law, initially in the form of rights of common. They were an example of an intangible thing or incorporeal hereditament which, as ‘real’ property, passed to the owner’s heir rather than the next of kin.6 The concept of seisin was applied to them so that they were protected by medieval writs and real actions.7 Gray and Gray have pointed out that: ‘What actually happens on the ground — whether rightly or wrongly — has always constituted a powerful determinant of entitlement in English land law. The normative tug of sheer physical fact should never be underestimated’.8 This statement particularly applies to profits. -
Modern Land Law
MODERN LAND LAW Sixth Edition Modern Land Law provides a user-friendly yet comprehensive account of this foundation subject. Explaining land law in an understandable and logical fashion, this new edition has been substantially rewritten and revised to take into account developments since the publication of the last edition in 2005. In addition, each chapter has been expanded and updated to include an analysis of the most recent case law including Doherty v. Birmingham City Council and Yeoman’s Row Management v. Cobbe. Written with students in mind, key features of this textbook include: ● a clear introduction to each chapter ● concise and understandable treatment of all the major topics covered on an undergraduate course ● a concluding summary to each chapter ● in-depth coverage of recent significant developments ● increased use of tables and diagrams to aid understanding of complicated topics. Modern Land Law provides a readable, clear and thorough exposition of the principles of land law. Comprehensive yet succinct it is the perfect text for an undergraduate course. Dr Martin Dixon is Reader in the Law of Real Property at Cambridge University and a Fellow of Queens' College, Cambridge. He is visiting Professor of Law at City University, London. He examines and writes exten- sively on property law and is the editor of The Conveyancer and Property Lawyer, the leading property law journal. He is also an author of Ruoff and Roper: The Law of Registered Conveyancing, the authoritative text on the modern land registration. MODERN LAND LAW Sixth Edition Dr Martin Dixon Sixth edition first published 2009 by Routledge-Cavendish 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN Simultaneously published in the USA and Canada by Routledge-Cavendish 270 Madison Ave, New York, NY10016 This edition published in the Taylor & Francis e-Library, 2009.