Principles of Land Law (Principles of Law)

493 Pages·2002·4.51 MB·English

by  Martin Dixon

Principles of
Land Law
Fourth Edition
Cavendish
Publishing
Limited
London • Sydney
EDITORIAL ADVISORY BOARD
PRINCIPLES OF LAW SERIES
Professor Paul Dobson
Visiting Professor at Anglia Polytechnic University
Professor Nigel Gravells
Professor of English Law, Nottingham University
Professor Phillip Kenny
Professor and Head of the Law School, Northumbria University
Professor Richard Kidner
Professor and Head of the Law Department, University of Wales,
Aberystwyth
In order to ensure that the material presented by each title maintains the
necessary balance between thoroughness in content and accessibility in
arrangement, each title in the series has been read and approved by an
independent specialist under the aegis of the Editorial Board. The Editorial
Board oversees the development of the series as a whole, ensuring a conformity
in all these vital aspects.
Principles of
Land Law
Fourth Edition
Martin Dixon, MA
Fellow and University Senior Lecturer in Law
Queens’ College, University of Cambridge
Cavendish
Publishing
Limited
London • Sydney
Fourth edition first published in Great Britain 2002 by Cavendish Publishing
Limited, The Glass House, Wharton Street, London WC1X 9PX, United Kingdom
Telephone: [phone] Facsimile: [phone]
Email: [email protected]
Website: www.cavendishpublishing.com
© Dixon, Martin 2002
First edition 1994
Second edition 1996
Third edition 1999
Fourth edition 2002
All rights reserved. No part of this publication may be reproduced, stored in a
retrieval system, or transmitted, in any form or by any means, electronic,
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terms of the Copyrights Designs and Patents Act 1988 or under the terms of a
licence issued by the Copyright Licensing Agency, 90 Tottenham Court Road,
London W1P 9HE, UK, without the prior permission in writing of the publisher.

Dixon, Martin
Principles of land law—4th ed—(Principles of law series)
1 Land tenure—Law and legislation—England 2 Land tenure—Law and
legislation—Wales
I Title
346.4'2'043
ISBN 1 85941 472 9
Printed and bound in Great Britain
To Cornflake

PREFACE
Approaching land law can seem a daunting prospect. One major aim of this
text is to dispel fears and to explain land law in an understandable and logical
way. No attempt has been made to minimise the complexities of the subject
simply to make it attractive or readable—for that benefits no one. Yet, the text
is designed to explode the myths and mysteries of land law and substitute instead
a picture that is both detailed and comprehensible. There is no denying that
land law is different from other subjects, not least because its language is at
first unfamiliar. But different does not mean difficult. Similarly, there is a common
belief that land law is boring, not as sexy or apparently relevant as other legal
disciplines! This too is misplaced, for land law remains at the heart of the legal
system and is the vehicle for so much that concerns our everyday lives, both at
home and work. Seen in context, the issues raised in land law can be as challenging
and as relevant as any that any other law course has to offer.
Land law is also a subject based on principle: so Principles of Land Law is
both a convenient and accurate title. The subject is like a jigsaw and this book
aims to explain the principles and how they fit together to form a coherent
whole. The arrangement of the chapters is intended to facilitate the growth of
a steady understanding of each topic and its place within the jigsaw. There
has been much important case law in recent years and important legislation
reforming some of the core concepts in land law is now in place. The Land
Registration Act 2002 received Royal Assent on 26 February 2002 and although
it is not yet in force (that being a gradual process over the next five years), the
Act changes the way we think and analyse modern land law. As it is, the subject
has developed rapidly to meet the challenges of modern society and this has
been reflected in the book.
Necessarily, while the author collects the criticisms that might be cast his
or her way, there are many concerned with a book that deserve a share of
any credit. Cavendish Publishing have been especially forgiving while the
text was in preparation although I plead the Land Registration Act 2002. My
wife has now given up pretending to be interested in land law but still ensures
that I remain as sane as I ever was. My own students continue to be free with
their advice about what they want from a text and I regard them as my most
important audience.
Martin Dixon
Queens’ College, Cambridge
April 2002

vii

CONTENTS
Preface vii
Table of Cases xxv
Table of Statutes xliii
Table of Abbreviations xlix
1 AN INTRODUCTION TO MODERN
LAND LAW 1
1.1 THE NATURE AND SCOPE OF THE LAW OF
REAL PROPERTY 2
1.2 TYPES OF PROPRIETARY RIGHTS 4
1.2.1 Estates in land 4
1.2.2 Interests in land 7
1.3 THE LEGAL OR EQUITABLE QUALITY OF
PROPRIETARY RIGHTS 7
1.3.1 The origins of the distinction between
legal and equitable rights 8
1.3.2 Making the distinction between
legal and equitable rights today 8
1.3.3 Section 1 of the Law of Property Act 1925: is the
right capable of being either legal or equitable? 9
1.3.4 The manner of creation of the right 9
1.3.5 The division of ownership and the ‘trust’ 12
1.4 THE CONSEQUENCES OF THE LEGAL/EQUITABLE
DISTINCTION 13
1.4.1 Legal status before the 1925 legislation 13
1.4.2 Equitable status before the 1925 legislation 13
1.5 THE 1925 PROPERTY LEGISLATION 14
1.5.1 The Law of Property Act 1925 15
1.5.2 The Settled Land Act 1925 15
1.5.3 The Land Registration Act 1925 15
1.5.4 The Land Charges Act 1972 16
ix