Land Law

Lecture 4.1

Looking at estates and interest in more depth and start to show a way of mapping across as to where these next few weeks are going.

You’ll be able to see how you format to move things across and see whether a stage has been missed out when transferring land, or whether and estate or interest might be legal or equitable, what documentary evidence is needed to protect that state or interest in land, NEXT will be how to attach or fix that at land registry.

When we say the bank are the only party that can put themselves on the land registry twice, we mean under s 27 LRA 2002 – and under s 43- restriction (Mortgage).

Rights in/over land are capable of being legal.

Other easements-everybody else with an interest can only be equitable under s 1 3.

Documentary evidence that we need to look for is going to be dependent on our ability to map across- so our need for a deed and/or another form of documentary evidence will be subject to what you have discovered from the prev 2 boxes- was it estate or interest? Legal or equitable? And in order to become legal did it have the right doc attached to it to make it legal (deed) or if it only every could be equitable has it been put in writing some way under s 2 of property miscellaneous provisions act 1989.

The above chart acts as a guide to help you move forwards so you can see how to navigate land law.