Estate in Land in UK Law

Leading Cases
  • Hopgood v Brown
    • Court of Appeal
    • 03 Febrero 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 Junio 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 Julio 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 Marzo 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).

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

  • Leakey v National Trust for Places of Historic Interest or Natural Beauty
    • Court of Appeal (Civil Division)
    • 31 Julio 1979

    The duty is a duty to do that which is reasonable in l the circumstances, and no more than what, if anything, is reasonable, to prevent or minimise the known risk of damage or injury to e's neighbour or to his property. Was there sufficient time for preventive action to have been taken, by persons acting reasonably in relation to the known risk, between the time when it because known to, or should have been realised by, the defendant, and the time when the damage occurred?

  • R v Sunderland City Council, ex parte Beresford
    • House of Lords
    • 13 Noviembre 2003

    A landowner may so conduct himself as to make clear, even in the absence of any express statement, notice or record, that the inhabitants' use of the land is pursuant to his permission.

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  • Land Registration Act 2002
    • UK Non-devolved
    • 1 de Enero de 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, ... ...
  • Scotland Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ... ... 3(l) ... PART 4: Other legislative competence ... 36: Crown Estate ... (1) In Part 5 of the Scotland Act 1998, before the heading ... the transfer date, consists of—(a) property, rights or interests in land in Scotland, excluding property, rights or interests mentioned in ... ...
  • Conveyancing (Scotland) Act 1874
    • UK Non-devolved
    • 1 de Enero de 1874
    ... ... An Act to amend the Law relating to Land Rights and Conveyancing, and to facilitate the Transfer of Land, in ... ‘Estate in land’ shall mean any interest in land, whether in fee, liferent, or ... ...
  • Law of Property Act 1925
    • UK Non-devolved
    • 1 de Enero de 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 ... ...
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Books & Journal Articles
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Law Firm Commentaries
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  • 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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