Land Law II: Nature of Land, Land Ownership and Interests
Description
A comprehensive overview of English land law, focusing on the nature of proprietary rights, ownership structures, and security interests. The documents explain the fundamental distinction between freehold (indefinite) and leasehold (temporary) tenure, defining the only two legal estates recognized in law. They detail mechanisms for protecting property interests, such as registered land titles, overriding interests, and the concept of overreaching in trusts. Furthermore, the texts explore specific proprietary rights, including the creation and characteristics of easements and freehold covenants, and outline the extensive remedies, duties, and priorities associated with mortgages, particularly the lender's powers of possession and sale. Finally, the sources clarify the rules of co-ownership, contrasting joint tenancy (with the right of survivorship) and tenancy in common (with distinct shares), and explain the use of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) to resolve co-owner disputes.
United States
