Land Law

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Land Law
Land Law encompasses to a wide range of legal principles that you must understand when considering a land law question. You may be familiar with many of the topics we will cover from your own everyday use of land, such as easements (the right to cross land belonging to another) mortgages and how to transfer land you own to another.
Throughout this module we will consider the rich historical background associated with land law which is a mix of common law, statute, policy and practice which is rarely seen in other legal disciplines. 
This module is sequenced in order from one module to the next. It is recommended that you navigate through each module in order as a class, following the weekly schedule. Module materials include reading assignments, lectures or presentations, images, watching videos, writing assignments, discussion forums, and quizzes and tests. All activities will be submitted digitally. The primary modes of communication will be email, announcements, and discussion forums.
Interpret what ‘land’ is and explore the definition and meaning of the same (MLO 1 and 4)
Compare the differences between corporeal and incorporeal hereditaments (MLO 2)
Differentiate between legal and equitable interests in land (MLO 2)
Online Lecture Material:  Read and listen to the online lecture material on the following topics.
Mines and Minerals – (WO 1 and 2)
Corporeal hereditaments and incorporeal hereditaments, including fixtures and chattels – (WO 2)
Tenure, including legal and equitable ownership – (WO 3)
How to acquire and dispose of legal and equitable rights in land – (WO 3)
Discussion on fixtures and chattels (WO 1,2) 
MCQs on ‘what is land’ – (WO 1,2,3,4) DUE: Day 7
An essay question based on corporeal and incorporeal hereditaments – (WO 1 and2 )
M.Iljadica, Is a sculpture “land”.  Conv. 2016, 3, 242-250 (Links to an external site.)
R. Crozier, Upwardly mobile – can a mobile home be a dwelling? L. & T. Review 2011, 15(5), 174-177
Read the one of the following early in the week to help you respond to the discussion questions and to complete your assignment(s).
Required Textbook Readings:
Bray, J, Unlocking Land Law (6th edn, Routledge 2019) Ch 1. – (WO 1,2 and 3)
Dixon, M, Modern Land Law (11th edn, Routledge 2018) Ch 1. – (WO 1,2 and 3)
1.2: Micro-lectures 1 and 2
1. Basic Principles of Land and
2. Hereditaments
Task 1.1
Explain the following topic: Basic principles of land
Reflect on the following:
link any of these basic principles to your everyday use of land
Explain the following topic: Hereditaments
Task 1. 2
Is there anything you can see that could be a corporeal hereditament? If so, which type – a fixture or a chattel?
State any way in which you use or access land that could be an incorporeal hereditament?

what is a fixture and a chattel, is it time that the definition of ‘land’ is updated and made explicitly clear, or would it be too difficult to encompass into one distinct definition?
What does an MLO do?
Compare the differences between corporeal and incorporeal hereditaments (MLO 2)
“Corporeal hereditaments” means physical or tangible objects (e.g. buildings); • “incorporeal hereditaments” are various intangible rights associated with. the land (e.g., the benefit of a right of way, or the benefit of a restrictive covenant over the land of another).
Differentiate between legal and equitable interests in land (MLO 2)
What is the difference between legal and equitable interest in land?
Mines and Minerals – (WO 1 and 2)
What is meant by mines and minerals?
Corporeal hereditaments and incorporeal hereditaments, including fixtures and chattels – (WO 2)
Tenure, including legal and equitable ownership – (WO 3)
How to acquire and dispose of legal and equitable rights in land – (WO 3)
MCQs on ‘what is land’ – (WO 1,2,3,4) DUE: Day 7
An essay question based on corporeal and incorporeal hereditaments – (WO 1 and2) DUE: Day 7
Task 2 Introduction
Identify legal estates, legal interest and equitable interest in both unregistered and registered land (MLO 2)
Consider the process of creating a registered estate (MLO 1)
Classify the types of interest that has arisen (if any) and whether a subsequent purchaser will continue to be bound by this (MLO 4)
Explain how a subsequent purchaser could be protected from any unknown third-party rights (MLO 3
2.1
Unregistered Land – (WO 1,2,3 and 4)
Registered Land – (WO 1,2,3 and 4)
I do not believe the Land Registry will achieve their aim of having all land registered by 2030 because……. – (WO 1,2)
Is there an argument that the automatic operation of overreaching, by payment of money to two or more trustees, under s.27 LPA 1925, without consideration of the personal circumstances of the parties to be balanced against those of the purchaser, could be vulnerable to an Art. 8 challenge?
Do you believe the land registration system is fit for purpose or is there still an issue with overriding interests that could be resolved?

Explain the process of transferring a registered estate (MLO 2)
Identify solutions when faced with a problem on the transfer of a registered estate (MLO 3)
The freehold estate – (WO 1 and 2)
How to transfer the freehold estate– (WO 1 and 2)

Do you believe the contractual provisions are clear on permitting electronic signatures? 
If not, should these be changed and what could be the benefit of this?
What could be the risks?
R. Hewitson, ‘Electronic signatures and contracts for the sale of land‘. Conv. 2021, 2, 120-12 Westlaw Article; R. Hewitson (Links to an external site.)
M. Pawlowski and J. Brown, ‘Sale of land and personal property: the purchaser as beneficial owner?’ Tru. L.I. 2020, 34(2), 63-73 Westlaw Article;

1. The freehold estate
2. How to transfer the freehold estate
Should conditional and determinable fee simple be abolished completely?
Explain the following topic: How to transfer the freehold estate.
Could (or should) the contract for the sale of land be simplified?
Specific performance and the sale of land
1 Why is the availability of specific performance as a remedy to a seller or a buyer of particular importance?
100 words in length
Q 4
Identify the essential characteristics of a lease (MLO 2)
Differentiate between a lease and a licence (MLO 2)
Explain the Landlord and Tenant obligations under the lease (MLO 1 and 3)
4.1
The essential characteristics of a lease– (WO 1,2)
Landlords obligations under a lease – (WO 3)
Tenants obligations under a lease and termination of a lease – (WO 1,2,3

1 . Is the law relating to obligations between landlord and tenant too heavily biased in favour of landlords?  

1. The essential characteristics
2. Landlords Obligation
3. Tenants obligations and ending the lease
.1
The essential characteristics of a lease.
Why it is important to determine between a lease and a licence
explain the following topic: The landlords’ obligations under the lease
Do you think these obligations are sufficient or should there be greater duties placed upon landlords?
4.4
Explain the tenants obligations under the lease and bringing a lease to an end.
Should greater action be taken against a tenant who breaches these obligations
Should the process of ending a lease and gaining possession of the property be simplified?
Question: 
“Are the obligations for repair placed upon landlords sufficient or should there be greater duties placed upon them?” 150 words in length.

Identify the necessary requirements to create a valid easement (MLO 2,3)
Characterise the key elements of an easement (MLO 1,2,3)
The essential characteristics (WO 1 AND 2)
How to create an easement (WO 1 AND 2
Practice MCQ in preparation of your exam this week

Do you agree with the Law Commissions recommendations to abolish implied grants by way of necessity and through the rule in Wheeldon v Burrows?
Would their recommendations in place of this make it easier or more difficult to argue the existence of an easement?
5.2 1. The essential characteristics and
  2. How to create an easement
Are you aware of the use of any easements in your day-to-day life?
Can you identify the links to the information considered?

Question: Do you believe there should be a fixed list of easements that can be created in the future?

Analyse how a third party can informally acquire a legal estate in land (MLO 2 and 3)
Evaluate the role of adverse possession in English Land Law. (MLO 1 and 4)
Should the concept of adverse possession simply be abolished? (WO 1,2)

What arguments are there in defence of the concept of adverse possession?
Can these arguments been used equally to both registered and unregistered land? 
6.21. The essential characteristics and
   2. Which law to apply
Explain the following topic: The essential characteristics of adverse possession
explain the following topic: The relevant time periods and which law to apply
Do you feel the changes made by the Land Registration Act 2002 were sufficient to protect a landowners interest?
 
7.0. Mortgages
Would further restrictions on a mortgagees remedies to enforce mortgages simply reduce their willingness to lend at the loan to value rates they are currently?
What would happen to the economy if there were less mortgages available? 
Explore the key features of how a third party can acquire a legal mortgage (MLO 1,2,3)
Consider why equitable mortgages can be created (MLO 1,4)
Apply the rights and remedies of the legal interest holder (MLO 4)
7.0 mortgage, mortgagor, mortgagee
                          2. Rights of the mortgagor
7.0. 1 Does the law on mortgages currently fit with current economic realities? Please give reasons for your answer. (WO 1,2,3) 
1. What is a mortgage
Should the creation of equitable mortgages be abolished?
Despite the change in the relationship between the mortgagor and the mortgagee to a more contractual one, does the mortgagee still have the upper hand when entering into these legal agreements
2. Explain the following the rights of the mortgagor
Despite the change in the relationship between the mortgagor and the mortgagee to a more contractual one, does the mortgagee still have the upper hand when entering into these legal agreements?

Despite the change in the relationship between the mortgagor and the mortgagee to a more contractual one, does the mortgagee still have the upper hand when entering into these legal agreements?
Question: Does the law on mortgages currently fit with current economic realities? Please give reasons for your answer.  150 words
Make sure that you use the appropriate OSCOLA referencing throughout your response.

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