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Land Law — Durham University notes | caselaw

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Land Law

Land Law on the Durham University LLB Law (Year 2). Rights in and over land — how they are created, who is bound by them, and how competing interests are ranked under the registered-title system.

Estates and interests in land

The first land-law distinction is between ownership of estates and enforceable proprietary interests.

Registered and unregistered title

Registration replaces private conveyancing knowledge with public priority rules and carefully limited exceptions.

Priorities and overreaching

Priority doctrine explains when land rights survive transfer, and overreaching explains when they do not.

Overriding interests and Schedule 3 LRA 2002

Overriding interests test the registered-title ideal at the point of occupation, inspection, and fairness.

Adverse possession

Adverse possession tests the moral, technical, and registration limits of title by possession.

Co-ownership and trusts of land

Co-ownership is the point at which title, trust, family finance, and priority doctrine converge.

TOLATA 1996 and section 14 applications

Section 14 is the modern jurisdiction where co-ownership, credit, family occupation, and sale collide.

Leases — creation and certainty of term

Certainty of duration marks the boundary between a legal estate, a licence, and mere contractual permission.

Leasehold covenants

Leasehold covenants explain how obligations travel when leases and reversions change hands.

Licences and proprietary estoppel

Licences expose the boundary between personal permission, property, conscience, and registration.

Freehold covenants

Freehold covenants expose the sharpest boundary between contract, equity, and registered title.

Easements — creation, characteristics, extinguishment

Easements test the boundary between useful land burdens and impermissible private dominion.

Mortgages — creation and priorities

Security interests expose the registered-title system’s sharpest distinction between creation, protection, and priority.

Mortgagee's remedies and protection of mortgagors

Mortgage enforcement reveals the tension between proprietary security, market realisation, and protection of the home.

Human rights and land law

Human rights do not replace land law, but they discipline its exercise against homes and possessions.

Reform of land registration

Land registration reform tests whether title by register can coexist with equitable justice.

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