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.

  • 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.

  • 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.

  • 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).

  • Oxfordshire County Council v Oxford City Council
    • House of Lords
    • 24 May 2006

    But, with respect to the judge, I do not agree that the low-level agricultural activities must be regarded as having been inconsistent with use for sports and pastimes for the purposes of section 22 if in practice they were not. Nor do I follow how the fact that, upon registration, the land would become subject to the 1857 and 1876 Acts can be relevant to the question of whether there has been the requisite user by local inhabitants for upwards of 20 years before the date of the application.

  • Gilbert v Spoor
    • Court of Appeal (Civil Division)
    • 05 February 1982

    If a building estate contains a pleasant approach with restrictions upon it and some building is done contrary to those restrictions which spoils the approach, if then the owner of a plot complains about that breach, the fact that he does not see it until he drives along the road, in my opinion does not affect the matter. He is entitled to the estate being administered in accordance with the mutual covenants, or local law; so in this case.

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Legislation
  • Economic Crime (Transparency and Enforcement) Act 2022
    • UK Non-devolved
    • January 01, 2022
    ... ... and their beneficial owners and require overseas entities who own land to register in certain circumstances; to make provision about unexplained ... the Land Registration Act 2002 as the proprietor of a qualifying estate within the meaning of Schedule 4A to that Act, and(ii) became so ... ...
  • 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 which subsists for the benefit of, ... ...
  • 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 ... ) An estate in fee simple absolute in possession; ... ) A term of years absolute ... ...
  • The Land Registration Rules 2003
    • UK Non-devolved
    • January 01, 2003
    ... ... (2) Subject to rule 3, the register of title must include an individual register for each registered estate which is—(a) an estate in land, or(b) a rentcharge, franchise, manor or profit a prendre in gross,vested in a proprietor ... (1) The registrar ... ...
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Books & Journal Articles
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Law Firm Commentaries
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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.
  • Notice of Application for Consent to the operation of a Notice to Quit
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to agricultural lands and drainage, including notices of application.
    ... ... (Agricultural Land and Drainage) ... Tribunal Ref No ... To be inserted by ... The personal representatives or persons administering the estate of the Deceased Tenant: ...   ...   ...   ... ...
  • a guide for people acting without a solicitor (PA2)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application
    ... ... (their ‘estate’) when they die is called ‘applying for probate’ ... If the person ... • had jointly owned land, property, shares or money – they will automatically ... pass to the ... ...
  • sale of jointly owned property (COP GN2)
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... 1. When two or more people own real property, i.e ... land and houses, together they are referred to ... as the trustees of that ... will and grant of representation to the estate of the ... Where the incapable person is the only remaining ... trustee, ... ...
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