A manual of the law of real property
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| Other Authors: | , , , |
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| Format: | Book |
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London :
Sweet & Maxwell,
2014
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| Edition: | 9 th ed. |
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Table of Contents:
- Machine generated contents note: ch. 1 Introduction What is "the law of real property"? The meaning of "real property" How to approach the law of real property "read fast, read often" Real property versus conveyancing The significance of legal history in the study of the law of real property Registered and unregistered land The common law basis of the subject The complex functions of land Legal estates and interests and equitable interests The estate owner and overreaching Historical outline Meaning of "real property" Tenures and estates Effects of the doctrines of tenure and estates ch. 2 Estates and Fixtures pt. 1 Classification Estates of freehold Leasehold estates Seisin pt. 2 Estates of Freehold Words of limitation Nature of the estates of freehold Fixtures ch. 3 Law & Equity pt. 1 General Principles The historical basis of equity Equity follows the law The nature of equitable rights. Note continued: pt. 2 Species of Equitable Rights Trusts Other equitable rights Creation of equitable rights The borderline between personal and proprietary rights ch. 4 The Structure of Modern Land Law pt. 1 The Structure Put Into Place by the 1925 Legislation pt. 2 Registered and Unregistered Land Today pt. 3 Aspects Common to Both Registered and Unregistered Land Reduction in the number of legal estates Extension of the doctrine of overreaching ch. 5 Registered Title Introduction Interests in registered land Dealings with registered land ch. 6 Contracts for the Sale of Land, Conveyancing and Land Charges pt. 1 Contracts for the Sale of Land Contracts in practice The old law: Contracts made before September 27, 1989 The current law: Contracts made after September 26, 1989 Types of contract and usual terms Effect of contract pt. 2 Conveyancing Introduction Registered title Unregistered title. Note continued: Effect of a conveyance Land charges (unregistered conveyancing only) ch. 7 Trusts and Real Property pt. 1 Successive Interests The origin of the strict settlement Trusts for sale pt. 2 The Settled Land Act 1925 pt. 3 Trusts For Sale After 1925 What is a trust for sale? pt. 4 Trusts of Land What is a trust of land? pt. 5 Trusts and Trustees Classification of Trusts Formalities for the creation of a trust Formalities for transferring an interest under a trust Trustees Appointment of Trustees Retirement and removal of trustees Vesting of trust property Procedure for settlements ch. 8 Co Ownership pt. 1 Joint Tenancy and Tenancy in Common Nature of the tenancies: joint tenancies Nature of the tenancies: tenancy in common Estates in which the tenancies can exist Mode of creating tenancies: general Mode of creating the tenancies: at law Mode of creating the tenancies: in equity. Note continued: Position of the beneficiaries ch. 9 Proprietary Estoppel The Doctrine The three main elements No bar to equitable relief Satisfaction of the equity Proprietary estoppel and third parties ch. 10 Licences Types of licences Creation of licences Revocation of licences Transmission of benefit Transmission of burden ch. 11 Nature and Creation of Lease pt. 1 Introduction History Terminology pt. 2 Creation of Leases and Tenancies Essentials of a lease or tenancy Types of leases and tenancies pt. 3 Assignment of Leases and Tenancies ch. 12 Determination of Tenancies By expiry By notice By forfeiture By surrender By merger By becoming a satisfied term By enlargement By disclaimer By frustration By repudiation By rescission ch. 13 Rights and Duties of the Parties Under A Lease or Tenancy Position in the absence of express provision. Note continued: Position under a lease containing the usual covenants Position under certain covenants usually found in leases Remedy ch. 14 Leasehold Covenants pt. 1 General Principles What is a "covenant" for this purpose? pt. 2 Introduction to Enforceability Under Old Leases and New Leases-The Two Regimes Contrasted Introduction to enforceability of covenants in old leases pt. 3 Old Leases Position of the original parties to an old lease Position where the assignment of an old lease is effective at law Position where the assignment of an old lease is effective only in equity Restrictive covenants in an old lease pt. 4 New Leases Introduction Position of landlord and tenant for the time being of a new lease Position of former landlords and tenants of a new lease Restrictive covenants in a new lease ch. 15 Easements, Profits and Incorporeal Hereditaments pt. 1 Easements and Profits Nature of easements. Note continued: Other rights of the mortgagor or chargor pt. 4 Transfer of Rights Death of mortgagor Death of mortgagee Transfer of equity of redemption inter vivos Transfer of mortgages inter vivos Discharge of mortgages pt. 5 Priority of Mortgages Priorities as between mortgagees and beneficial co-owners Priorities as between mortgages of unregistered land Priorities as between mortgages of registered land ch. 18 Adverse Possession and Limitation Periods Introduction pt. 1 The Length of the Period pt. 2 The Running of Time When time begins to run Postponement of the period Starting time running afresh pt. 3 The Effect of the Elapse of Time Title to land pt. 4 Other Limitation Periods Relevant to Land Law Arrears of income