Estate in Land in UK Law

Leading Cases
  • Hopgood v Brown
    • Court of Appeal
    • 03 February 1955

    The plan is to be looked at in order to assist in identifying the plot of land. If the plan is so used, there is nothing which suggests that the lines of the boundaries connecting the frontage to Hamlet Road with the rear are other than straight. That they should be so would, in my judgment, be the natural supposition and inference.

  • Sedleigh-Denfield v O'Callaghan and Others
    • House of Lords
    • 24 June 1940

    A balance has to be maintained between the right of the occupier to do what he likes with his own, and the right of his neighbour not to be interfered with. It is impossible to give any precise or universal formula, but it may broadly be said that a useful test is perhaps what is reasonable according to the ordinary usages of mankind living in society, or more correctly in a particular society.

  • Buckinghamshire County Council v Moran
    • Court of Appeal (Civil Division)
    • 13 February 1989

    If in any given case the land in dispute is unbuilt land and the squatter is aware that the owner, while having no present use for it, has a purpose in mind for its use in the future, the court is likely to require very clear evidence before it can be satisfied that the squatter who claims a possessory title has not only established factual possession of the land, but also the requisite intention to exclude the world at large, including the owner with the paper title, so far as is reasonably practicable and so far as the processes of the law will allow.

  • Wallis's Cayton Bay Holiday Camp Ltd v Shell-Mex and B.P. Ltd
    • Court of Appeal (Civil Division)
    • 10 July 1974

    When the true owner of land intends to use it for a particular purpose in the future, but meanwhile has no immediate use for it, and so leaves it unoccupied, he does not lose his title to it simply because some other person enters on it and uses it for some temporary surpose, like stacking materials; or for some seasonal purpose, like growing vegetables. The line between acts of user and acts of possession is too fine for words.

  • Thorner v Curtis and Others
    • House of Lords
    • 25 March 2009

    Nevertheless most scholars agree that the doctrine is based on three main elements, although they express them in slightly different terms: a representation or assurance made to the claimant; reliance on it by the claimant; and detriment to the claimant in consequence of his (reasonable) reliance (see Megarry & Wade, Law of Real Property, 7th edition (2008) para 16-001; Gray & Gray, Elements of Land Law, 5th edition (2009) para 9.2.8; Snell's Equity, 31st edition (2005) paras 10-16 to 10-19; Gardner, An Introduction to Land Law (2007) para 7.1.1).

  • Crabb v Arun District Council
    • Court of Appeal (Civil Division)
    • 23 July 1975

    If I may expand that, Lord Cairns said: "It is the first principle upon which all Courts of Equity proceed", that it will prevent a person from insisting on his strict legal rights — whether arising under a contract, or on his title deeds, or by statute — when it would be inequitable for him to do so having regard to the dealings which have taken place between the parties, see Hughes v. Metropolitan Railway (1877) 2 A.C. at page 448.

  • Read v J. Lyons & Company Ltd
    • House of Lords
    • 18 October 1946

    Every activity in which man engages is fraught with some possible element of danger to others. Experience shows that even from acts apparently innocuous injury to others may result. The more dangerous the act the greater is the care that must be taken in performing it. This relates itself to the principle in the modern law of torts that liability exists only for consequences which a reasonable man would have foreseen.

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Legislation
  • Land Registration Act 2002
    • UK Non-devolved
    • January 01, 2002
    ...... . (a) unregistered legal estates which are interests of any of the following kinds— . (i) an estate in land,. . . (ii) a rentcharge,. . . (iii) a franchise,. . . (iv) a profit a prendre in gross, and. . . (v) any other interest or charge ......
  • The Conservation of Habitats and Species Regulations 2017
    • UK Non-devolved
    • January 01, 2017
    ...... “land” includes land covered by water; . “local planning authority” ... regulation, an “interest”, in relation to land, includes any estate in land and any right over land, whether the right is exercisable by ......
  • Law of Property Act 1925
    • UK Non-devolved
    • January 01, 1925
    ....... (1) The only estates in land which are capable. of subsisting or of being conveyed or created at law. re— .   . ( a . ) An estate in fee simple absolute in possession;. .   . ( b . ) A term of years ......
  • Land Registration Act 1925
    • UK Non-devolved
    • January 01, 1925
    ......’ means a mortgage created by charge under which, by virtue of the   Law of Property Act, 1925 , the mortgagee is to be treated as an estate owner in like manner as if a mortgage term by demise or subdemise were vested in him, and ‘legal mortgage’ has the same meaning as in that Act; . ......
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Books & Journal Articles
  • Dutch blockchain, real estate and land registration
    • Nbr. 12-2, July 2020
    • Journal of Property, Planning and Environmental Law
    • 93-108
    Purpose: A first exploration of the impact of blockchain on real estate in the Netherlands took place in 2017. In the follow-up, several blockchain and real estate studies have appeared with resear...
  • Real Estate Insights Strategic planning policy post-pandemic: the “Great Land Question”
    • Nbr. 40-2, February 2022
    • Journal of Property Investment & Finance
    • 249-262
    Purpose: This paper aims to explore the case for the radical reform of land policy worldwide. It does so, however, in the context of present problems posed by the prevailing coronavirus pandemic. I...
  • Towards a taxonomy for real estate and land automated valuation systems
    • Nbr. 39-5, August 2021
    • Journal of Property Investment & Finance
    • 450-463
    Purpose: Automated valuation models have been in use at least for the last 50 years in both academia and practice, while automated valuation recently re-emerged as very important with the rise of d...
  • Crown Estate Devolution
    • Nbr. , September 2016
    • Edinburgh Law Review
    • 388-394
    ......Its statutory duty is to maintain the Crown Estate “as an estate in land …, to maintain and enhance its value and the return obtained from it, but with due regard to the requirements of good management”.17 This is ......
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Law Firm Commentaries
  • Limited Partnerships Cannot Hold Property
    • Mondaq UK
    ...... As an LP is not a legal entity, it cannot hold a legal estate in land in the name of the LP. The legal owners of the LP's property may ......
  • Closing the registration gap
    • JD Supra United Kingdom
    In late 2016 the High Court decided that a purchaser was bound by an easement granted by his sellers, without his permission, after he had purchased his land from them. That decision caused conside...
    ...... by his sellers, without his permission, after he had purchased his land from them. That decision caused considerable unease. Accordingly, it will ... the grant of an easement amounted to the conveyance of a legal estate;. . the Farm Land was held on trust for Mr Craggs; and. . the ......
  • Wind Farms - Renewable Energy And Property Law
    • Mondaq United Kingdom
    ...... is generally the low water mark around the coast of the UK and most land lying within this area is vested in the Crown. There are however areas of ... Housing Trust characteristic of a lease that it should create an estate in land. If the requirements of a lease are met, namely that there should ......
  • 'Subject To Contract' - Is It Necessary?
    • Mondaq UK
    ...... binding contracts had been exchanged for the sale and purchase of land - even though this was not the parties' intention. That situation improved ... it only applies to contracts for the sale, lease or other legal estate in land. If you are negotiating a licence rather than a lease or a sale ......
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Forms
  • Apply for authorisation to transfer an estate in land to a prohibited person
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to the Residential Property (First-tier Tribunal).
  • Chapter CG70224
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . An `estate’ in land measures the amount of the owner’s interest in that land. In ......
  • Chapter IHTM24074
    • HMRC Inheritance Tax Manual
    • HM Revenue & Customs
    ...... exclusive possession of a defined area of land,. for a fixed period (or series of periods) of time,. with the on to create an estate in land - that is an interest in the land itself which can be assigned or ......
  • Chapter CA37730
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......An interest in land is:. a leasehold estate in the land. an easement or servitude. a ......
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