Estate in Land in UK Law

Leading Cases
  • Hopgood v Brown
    • Court of Appeal
    • 03 Feb 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 Jun 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.

    But he may have taken over the nuisance, ready made as it were, when he acquired the property, or the nuisance may be due to a latent defect or to the act of a trespasser, or stranger. Then he is not liable unless he continued or adopted the nuisance, or, more accurately,did not without undue delay remedy it when he became aware of it, or with ordinary and reasonable care should have become aware of it.

  • Buckinghamshire County Council v Moran
    • Court of Appeal (Civil Division)
    • 13 Feb 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 Jul 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.

  • Thorner v Curtis and Others
    • House of Lords
    • 25 Mar 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 Jul 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.

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Legislation
  • Land Registration Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ...... . This Act makes provision about the registration of title to— . . (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 ......
  • Law of Property Act 1925
    • UK Non-devolved
    • 1 de Enero de 1925
    ......as follows:— . I . General Principles as to Legal Estates, Equitable Interests and Powers. Part I. . General Principles as to Legal .... (1) The only estates in land which are capable. of subsisting or of being conveyed or created at law. ......
  • Settled Land Act 1925
    • UK Non-devolved
    • 1 de Enero de 1925
    ...... a . ) for an entailed interest whether or not. capable of being barred or defeated;. . . . b . ) for an estate in fee simple or for a. term of years absolute subject to an executory. limitation, gift, or disposition over on failure. of his issue or in any ......
  • Scotland Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... Other legislative competence . S-36 . Crown Estate 36 Crown Estate . (1) In Part 5 of the Scotland Act 1998, before the ... . (a) property, rights or interests in land in Scotland, excluding property, rights or interests mentioned in ......
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Books & Journal Articles
  • Dutch blockchain, real estate and land registration
    • Núm. 12-2, Julio 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...
  • Modern Real Property
    • Núm. 19-1, Enero 1956
    • The Modern Law Review
    ...... MODERN REAL PROPERI’Y ENGLISH land law has been unfortunate in its textbooks. It has given us ... That section, with its list of legal estates and interests, was held out as the foundation of modern ......
  • STATUTES
    • Núm. 25-4, Julio 1962
    • The Modern Law Review
    ...... STATUTES THE CROWN E~TATE ACT, 1961 THE Crown Estate Act, 1961,' which came into force on July 27, 1961, repealed ... partially re-enacted fourteen statutes known as the Crown Lands Acts, 1829 to 1986, as well as many other statu- tory ......
  • Rectification of the Register – Prospective or Retrospective?
    • Núm. 78-2, Marzo 2015
    • The Modern Law Review
    In Gold Harp v MacLeod the Court of Appeal considered paragraph 8 of Schedule 4 of the Land Registration Act 2002 and interpreted this provision to mean that the priority between mistakenly de‐regi...
    ...... the Court of Appeal considered paragraph 8 of Schedule 4 of the Land Registration Act 2002 and interpreted this provision to mean that the ... the future the priority of any interest affecting the registered estate or charge concerned’. There were two possible interpretations of this ......
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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
    ...... waters comprise those areas of tidal water that lie on the landward side of any base line. A baseline is generally the low water mark around ... 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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