Interest in Land in UK Law

Leading Cases
  • Irani Finance Ltd v Singh
    • Court of Appeal (Civil Division)
    • 22 June 1970

    Even to hold that they have equitable interests in the land for a limited period, namely until the land is sold, would, we think, be inconsistent with the trust for sale being an "immediate" trust for sale working an immediate conversion, which is what the Law of Property Act envisages (see Section 205(1) (xxix)), though, of course, it is not in fact only such a limited interest that the Appellants are seeking to charge.

  • Lloyds Bank Plc v Rosset and Others
    • House of Lords
    • 08 May 1990

    The first and fundamental question which must always be resolved is whether, independently of any inference to be drawn from the conduct of the parties in the course of sharing the house as their home and managing their joint affairs, there has at any time prior to acquisition, or exceptionally at some later date, been any agreement, arrangement or understanding reached between them that the property is to be shared beneficially.

  • Lloyds Bank Plc v Rosset
    • Court of Appeal (Civil Division)
    • 13 May 1988

    If this is right, the pieces of the jigsaw fit together reasonably well. A purchaser or mortgagee inspects and enquires before completion, in the established fashion. If it does not, then subsequent entry of a person into occupation before the transfer or mortgage has been registered (and "completed" for the purposes of section 19) does not have the consequence of creating an overriding interest under paragraph (g) in relation to that freehold or mortgage.

  • Cedar Holdings Ltd v Green
    • Court of Appeal (Civil Division)
    • 09 March 1979

    In my judgment, upon the true construction of section 63 a beneficial interest in the proceeds of sale of land held upon the statutory trusts is not an interest in that land within the meaning of the section and a conveyance of that land is not effectual to pass a beneficial interest in the proceeds of sale.

  • Williams & Glyn's Bank Ltd v Boland
    • House of Lords
    • 19 June 1980

    It is clear, at least, that the interests of the co-owners under the "statutory trusts" are minor interests—this fits with the definition in section 3(xv). But I can see no reason why, if these interests, or that of any one of them, are or is protected by "actual occupation" they should remain merely as "minor interests". And, moreover, I find it easy to accept that they satisfy the opening, and governing, words of section 70, namely, interests subsisting in reference to the land.

  • City of London Building Society v Flegg
    • House of Lords
    • 14 May 1987

  • Binions v Evans
    • Court of Appeal (Civil Division)
    • 27 January 1972

    As was said by the Court, at page 136A: "Similar words in deeds and wills have frequently been held to create a life interest determinable (apart from the special considerations introduced by the Settled Land Act, 1925) on the beneficiary ceasing to occupy the premises."

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Legislation
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Books & Journal Articles
  • A New Equitable Interest In Land*
    • No. 16-1, January 1953
    • The Modern Law Review
  • Teleological Interpretation and Land Law
    • No. 58-5, September 1995
    • The Modern Law Review
    It may also be presumed that contracts for the sale or other disposition of an interest in land (including leases) fall outside [the] provisions of [the Unfair Terms in Consumer Contracts Directive...
    ... ... Interpretation and Land Law Mark Attew* It may also be presumed that contracts for the sale or other disposition of an interest in land (including leases) fall outside [the] provisions of [the Unfair Terms in Consumer Contracts Directive] (Chiffy on Contracts, ... ...
  • LEARNER'S LICENCE
    • No. 17-3, May 1954
    • The Modern Law Review
    ... ... A new interest, if it is to be capable as such of affecting third rties acquiring land, must be an interest in land-a right in rem. The mere ... ...
  • Law Com. 181: Reforming Trusts of Land
    • No. 52-5, September 1989
    • The Modern Law Review
    ... ... be put to good use.16 The example given is of an arrangement in which a surviving spouse is to be given a life interest in land, during which period he or she is to have at his or her disposal all the powers of an absolute owner, including ... ...
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Law Firm Commentaries
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Forms
  • Apply for a charging order on land
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... no ... (if applicable) ... CPR Part 73 ... You can use this form to apply for an order imposing ... a charge on the interest of the judgment debtor in ... the land mentioned below to secure payment of the ... amount owing you under the judgment or order you ... have been ... ...
  • Application for charging Order on land or property
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... FPR Part 40 ... Help with Fees Ref no. (if applicable) ... You can use this form to apply for an order imposing ... a charge on the interest of the judgment debtor in ... the land mentioned below to secure payment of the ... amount owing you under the judgment or order you ... have been ... ...
  • Application under Section 84 of the Law of Property Act 1925 to discharge or modify a restrictive covenant
    • HM Courts & Tribunals Service court and tribunal forms
    Lands Chamber (Upper Tribunal) forms including appeals forms.
    ... ... Fax number ... Email address (optional) ... 3. Application land ... Postal address ... (or OS number) and area ... Land Registry title ... scale of 1:1250 ... 4. Applicant’s interest in the application land ... The applicant’s interest in the application ... ...
  • Absent owner application form
    • HM Courts & Tribunals Service court and tribunal forms
    Lands Chamber (Upper Tribunal) forms including appeals forms.
    ... ... Chamber for the determination of the value of compulsorily acquired land under: ... (tick one box only) ... • The Compulsory Purchase Act 1965, ... property (postal address ... or map reference) ... Nature of interest to be ... compensated ... (e.g. freehold, leasehold) ... Nature of any ... ...
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