Bar Part I Land Law cheat sheet

Land in the statutory sense (Law of Property Act 1925 s.205(1)(ix)) includes the physical surface, buildings, fixtures, airspace to a reasonable height, subsoil, minerals, and legal estates and interests arising in or over it.

Two legal estates only: fee simple absolute in possession and term of years absolute; all other estates take effect in equity (LPA 1925 ss.1(1)–(3)).

Five legal interests capable of subsisting at law: easement, rentcharge, charge by way of legal mortgage, statutory charge, and rights of entry in certain leases (LPA 1925 s.1(2)).

Fixtures test: degree of annexation plus purpose of annexation; a chattel resting by its own weight is presumed not a fixture, but the presumption rebuts where the object was attached to improve the land (Holland v Hodgson).

Airspace: a landowner controls only such airspace as is necessary for the reasonable use and enjoyment of the land (Bernstein v Skyviews) - overflight above that level is not trespass.

Subsoil: the presumption is that a freeholder owns minerals beneath the surface, rebuttable by express reservation or statutory vesting (e.g., coal, gold and silver).

Found objects: treasure vesting under the Treasure Act 1996 belongs to the Crown; items not treasure go to the landowner if in or attached to the land, otherwise to the finder (Waverley BC v Fletcher).

Classification of property: corporeal hereditaments (tangible land) versus incorporeal hereditaments (rights over land such as easements and profits); realty versus personalty determines succession and remedies.

Fee simple absolute in possession is the largest estate; 'absolute' excludes determinable or conditional limitation, 'in possession' means immediate entitlement to possession or receipt of rents.

Ownership of the surface carries a presumption of ownership usque ad coelum et ad inferos, limited by statute (Civil Aviation Act 1982 s.76) and by reasonable-use airspace doctrine.

Legal title to registered land vests in the registered proprietor; the register is conclusive as to title subject to overriding interests and rectification (Land Registration Act 2002 s.58).

Doctrine of estates: a grantor can carve out lesser estates (life interest, lease) while retaining the reversion; the reversion itself is a proprietary interest capable of transfer.

Co-existing ownership rights: a freeholder may hold the surface while minerals, sporting rights, or airspace are severed and held separately; each is a distinct hereditament.

Boundary presumption: where a boundary abuts a highway, the presumption is that the freeholder owns to the centre of the road, rebuttable by conveyance language (LPA 1925 s.62 does not apply to highways).

Doctrine of part performance and proprietary estoppel can give an equitable ownership interest binding the legal owner's conscience even without a completed conveyance.

Trusts of land: since TLATA 1996 all co-owned land is held on trust of land; the legal owners are trustees and the equitable owners hold beneficial interests.

Joint tenancy requires the four unities (possession, interest, title, time) plus right of survivorship; severance destroys survivorship and converts to tenancy in common.

Severance methods: written notice (LPA 1925 s.36(2)), alienation of a share, mutual agreement, course of dealing, and unlawful killing of a co-owner (Forfeiture Act 1982 modifies).

Tenancy in common: no survivorship; each co-owner holds a distinct, undivided share, which passes under their will or intestacy.

Trusts of Land and Appointment of Trustees Act 1996: trustees have powers of an absolute owner subject to the trust; beneficiaries over 18 with an interest in possession may direct appointment of a new trustee.

A purchaser from trustees of land overreaches beneficial interests if the purchase money is paid to at least two trustees (or a trust corporation); overreaching converts equitable interests into interests in the proceeds of sale.

Possession: factual possession (single and exclusive control) plus intention to possess on one's own behalf; a licensee's occupation is not possession (JA Pye v Graham).

Co-owner in occupation: a co-owner cannot claim occupation rent from another co-owner unless ousted or by agreement; improvements may be credited on sale.

Order for sale: the court considers the purpose of the trust, the welfare of minors, and the interests of secured creditors (TLATA 1996 s.15); mortgagee's interest usually prevails (Mortgage Corporation v Shaire).

Contract for sale of land must be in writing, signed by both parties, and incorporate all agreed terms (LPA 1925 s.2; LP(MP)A 1989 s.2); otherwise void, subject to part performance or estoppel.

Exchange of contracts creates an equitable interest; completion transfers the legal estate by deed (LPA 1925 s.52) - a deed requires signature, attestation and delivery.

Conveyance formalities: deed for legal interests; a contract for a lease over 3 years must be by deed; leases 3 years or less may be created orally at law if at best rent and taking effect in possession.

Gift: voluntary conveyance requires a deed for legal estates; equity will not perfect an imperfect gift (Milroy v Lord), save where the donor has done everything necessary to transfer.

Inheritance: on intestacy, the statutory trusts govern distribution (Administration of Estates Act 1925 s.46); a will must be signed and witnessed by two witnesses (Wills Act 1837 s.9).

Sale of land: seller's duty of disclosure of latent defects in title; caveat emptor applies to physical condition; misrepresentation gives rescission or damages (Misrepresentation Act 1967).

Standard conditions: deposit typically 10%, completion usually 20 working days after exchange; time is of the essence only where expressly stated or by notice to complete.

Landlord and Tenant (Covenants) Act 1995: on assignment, the outgoing tenant is released from future liability for new leases, while original tenants under old leases remain liable unless released.

Registered land: title is recorded on the register; dispositions of a registered estate must be completed by registration to operate at law (LRA 2002 s.27).

Three registers: property register (description and appurtenant rights), proprietorship register (owner and class of title), charges register (burdens and incumbrances).

Classes of title: absolute, possessory, qualified, and good leasehold; absolute is the most secure and free from adverse claims except overriding interests.

Registrable dispositions requiring registration: transfer, lease over 7 years, grant of a legal charge, express easement; failure means the interest takes effect in equity only.

Overriding interests under Schedule 3 LRA 2002 include short leases (≤7 years), legal easements not registered but obvious or known, and customary rights; these bind without entry on the register.

Protection of third-party rights by notice (for easements, covenants, contracts) or restriction (to control dispositions, e.g., co-ownership); a caution against first registration protects unregistered estates.

Priority: registered dispositions take effect subject to prior registered interests and overriding interests but free of unprotected minor interests; a purchaser in good faith for value without notice is protected.

Indemnity: a person suffering loss from rectification of the register, or from an error or omission, may claim indemnity from the registrar (LRA 2002 Schedule 8), subject to exclusions for fraud or contributory fault.

Unregistered land: legal interests bind the world; equitable interests bind only if registered as a land charge (Land Charges Act 1972) or protected by notice; puisne mortgage, restrictive covenant, and equitable easement are registrable classes.

A lease requires certainty of term, exclusive possession, and rent (rent is not strictly essential at law but is evidence of a tenancy); a licence lacking exclusive possession is not a lease (Street v Mountford).

Leasehold covenants: landlord's implied covenant of quiet enjoyment and non-derogation from grant; tenant's implied covenant to pay rent and use premises in a tenant-like manner.

Repairing covenants: landlord's obligation under s.11 Landlord and Tenant Act 1985 to keep structure, exterior, and installations in repair for leases under 7 years at a rent below the prescribed limit.

Forfeiture: a right of re-entry for breach of covenant; the tenant may seek relief; the court's discretion applies to non-payment of rent and to other breaches under s.146 LPA 1925 (notice required).

Security of tenure: assured tenancies under the Housing Act 1988 have no fixed end date and possession requires a statutory ground; assured shorthold tenancies require s.21 or s.8 notice.

Assignment and subletting: qualified covenants require landlord's consent not to be unreasonably withheld (Landlord and Tenant Act 1988 imposes a duty to decide within a reasonable time); alienation covenants run with the lease.

Break clauses: exercise strictly per the terms - notice must be valid, served in the manner prescribed, and conditions (e.g., vacant possession, rent paid up) satisfied or the break is ineffective.

Termination: effluxion of time, notice to quit, surrender (by deed or operation of law), merger, forfeiture, or repudiatory breach accepted by the innocent party.

Rent review: upward-only clauses are enforceable; the mechanism must be followed (expert versus arbitrator determination); time of the essence only if expressly stated.

A legal mortgage of registered land is created by a registered charge (LRA 2002 s.23); of unregistered land by demise or charge by deed (LPA 1925 s.85–86).

Equitable mortgage arises from a written contract to grant a mortgage (LP(MP)A 1989 s.2) or deposit of title deeds; it confers the same remedies on application to court.

Mortgagee's remedies: sue on the personal covenant, take possession (with court order if dwelling-house, s.36 Administration of Justice Act 1970), appoint a receiver, or sell (power of sale arises under LPA 1925 s.101 and becomes exercisable under s.103).

Power of sale: exercisable after default in payment or breach of covenant, with three months' notice or two months' arrears; proceeds applied to costs, principal, interest, then surplus to subsequent incumbrancers and mortgagor.

Duty on sale: mortgagee must act in good faith and take reasonable care to obtain the true market value (Cuckmere Brick v Mutual Finance); sale to self or associate is set aside unless at arm's length.

Priority of mortgages: registered charges rank according to the order of registration, not the order of creation; unregistered equitable mortgages rank by notice.

Consolidation and tacking: consolidation of mortgages requires express provision; tacking further advances is limited by notice to the prior mortgagee (LPA 1925 s.94).

Consumer protection: Mortgage Conduct of Business rules (FCA) and the Pre-Action Protocol for Possession Claims by Mortgagees require forbearance and consideration before repossession.

An easement requires a dominant and servient tenement, diversity of ownership, accommodation of the dominant tenement, and capability of forming the subject matter of a grant (Re Ellenborough Park).

Creation: express grant or reservation by deed, implied (necessity, common intention, Wheeldon v Burrows), or prescriptive (20 years' use under Prescription Act 1832, or lost modern grant).

Extinguishment: express release, unity of ownership and possession, abandonment, or statutory extinguishment; mere non-use does not extinguish.

Profits à prendre: a right to take something from another's land (e.g., grazing, fishing, minerals); may be appurtenant or in gross, and is capable of being legal.

Restrictive covenants: negative in substance, must touch and concern the land, and benefit the dominant land; enforceable in equity by successors with notice (Tulk v Moxhay).

Running of the burden: registered land - entry on the charges register binds successors; unregistered land - registration as a Class D(ii) land charge binds purchasers for value.

Running of the benefit: annexation, assignment, or a building scheme (scheme of development) with a common vendor and defined area.

Positive covenants do not run with freehold land at law or in equity; devices include a chain of indemnity covenants, leasehold structure, or an estate rentcharge (s.121 LPA 1925).

Modification or discharge of restrictive covenants: application to the Upper Tribunal (Lands Chamber) under s.84 LPA 1925 on grounds of obsolescence, public interest, or that the covenant secures no practical benefit.

Adverse possession requires factual possession (single and exclusive control, not shared) plus intention to possess (animus possidendi) - Powell v McFarlane; intention may be inferred from conduct.

Unregistered land: 12 years' adverse possession extinguishes the paper owner's title (Limitation Act 1980 s.15); the squatter may then apply for registration with title.

Registered land since LRA 2002: after 10 years' adverse possession, the squatter applies to be registered; the proprietor is notified and may object within 65 business days.

Grounds defeating objection: the squatter may rely on estoppel, a boundary settlement, or some other reason (LRA 2002 Schedule 6 para 5); otherwise the application is rejected and the proprietor has two years to recover possession.

Interruption: possession must be adverse and continuous; a successful interruption or acknowledgment of title restarts the limitation clock (Limitation Act 1980 s.29–30).

Prescription of easements: common law presumption of a lost modern grant (20 years' use), Prescription Act 1832 (20 years for easements, 30 years for profits, 40 years for light), or statutory prescription.

Prescriptive use must be nec vi, nec clam, nec precario - not by force, not secretly, not by permission; use must be as of right (R v Oxfordshire CC).

Registered land: the Limitation Act does not extinguish registered title; the squatter's remedy is registration under Schedule 6, not limitation of the proprietor's title.

Boundary disputes: adverse possession may establish a boundary by long acquiescence; the court may order rectification of the register (LRA 2002 s.65) where there is a mistake.

Compulsory purchase requires statutory authority, a compulsory purchase order confirmed by the confirming authority, and proper notice to affected owners and occupiers.

Compensation heads: market value of the land, disturbance (relocation costs, loss of goodwill), severance and injurious affection, and statutory home-loss payment.

Valuation date is the date of notice to treat or, where no notice, the date of entry; the 'no-scheme' rule excludes value uplift attributable to the acquiring scheme.

Objections: owners may object to the CPO at inquiry; challenges to confirmation by statutory review or judicial review on grounds of illegality, irrationality, or procedural unfairness.

Planning permission: development requires permission under the Town and Country Planning Act 1990 s.57; permitted development rights under the General Permitted Development Order apply without application.

Enforcement: planning enforcement notice (s.172 TCPA 1990) requires remediation; appeals to the Planning Inspectorate; breach of enforcement is a criminal offence.

Listed buildings and conservation areas: listed building consent required for alteration (Planning (Listed Buildings and Conservation Areas) Act 1990); unauthorised works are criminal.

Compulsory purchase and human rights: Article 1 Protocol 1 ECHR requires a fair balance between public interest and the individual; compensation must be adequate (Lithgow v United Kingdom).

Blight notices: an owner may serve a blight notice requiring purchase where land is affected by a public scheme and the owner cannot sell except at a depressed price (Town and Country Planning Act 1990 Part VI).

Customary tenure: rights held under local custom, often communal, with use rights allocated by a traditional authority; the precise incidents vary by jurisdiction and must be proved as a question of fact.

Statutory conversion: many jurisdictions convert customary holdings into registered titles (e.g., Land Titles Registration) - registration extinguishes unregistered customary interests unless expressly preserved.

Family land: held by a family group with the head managing; alienation requires consent of the principal members; a purported sale without consent is voidable.

Tenancy at will and periodic tenancy: a tenancy at will arises by agreement without fixed term; a periodic tenancy arises by payment and acceptance of rent at intervals.

Statutory tenancy protection: rent control and security of tenure statutes may convert contractual tenancies into statutory tenancies; the statutory tenancy survives termination of the contractual term.

Public land: state-owned land is held subject to statutory allocation procedures; grants of public land require compliance with the governing statute or the grant is ultra vires.

Leases from customary authorities: validity depends on the authority's power to grant; a lease beyond the customary term or without consent may be void against the community.

Land tenure reform statutes typically require adjudication, demarcation, and registration; disputes go to land tribunals or customary courts depending on the statute.

Possession claims: accelerated procedure under CPR Part 55 for residential possession; a defence may raise a seriously arguable case (e.g., a proprietary estoppel or a statutory protection).

Specific performance: available for contracts for sale of land because damages are inadequate; the court considers hardship, mutuality, and clean hands; delay may bar relief (laches).

Injunction: prohibitory or mandatory; interlocutory relief requires a serious issue to be tried and the balance of convenience (American Cyanamid); quia timet relief for threatened trespass.

Damages: for trespass, nominal or compensatory; for nuisance, diminution in value or cost of remediation; for breach of covenant, the diminution in value of the dominant land.

Proprietary estoppel: assurance, reliance, detriment, unconscionability; remedy is the minimum equity to do justice (Crabb v Arun DC), which may be a licence, money, or the land itself.

Rectification and setting aside: fraud, mistake, or undue influence may justify setting aside a transfer; a forged transfer is void and the register may be rectified (LRA 2002 Schedule 4).

Procedure: land claims usually start in the High Court or County Court depending on value; limitation periods - 12 years for recovery of land, 6 years for contract, 12 years for specialty.

Ethics: conflicts of interest in a conveyancing transaction require separate representation; client money must be held in a designated client account; confidentiality survives the retainer.

Professional duties: duty to the court overrides the client's interest; a solicitor must not mislead the court or the other side, and must disclose known adverse interests in title work.

First registration: voluntary or compulsory on a triggering event (transfer for value, grant of a lease over 7 years, creation of a protected first legal mortgage) - application within two months of the triggering event.

Caution against first registration: protects an unregistered interest pending first registration; the registrar notifies the cautioner before registering a title, who may then object.

Notices and restrictions: a notice protects a priority interest without imposing duties on the registrar; a restriction controls registration of dispositions and must be complied with for a valid registered disposition.

Overreaching: a purchaser from two or more trustees overreaches equitable interests whether or not the purchaser knows of them, provided the requirements are met.

Title by adverse possession on registered land is not a class of title; the squatter applies for registration under Schedule 6 and, if successful, is registered as proprietor subject to existing registered charges.

Priority of registered dispositions: a registered disposition for value takes effect subject to entries on the register and overriding interests but free of unregistered minor interests (LRA 2002 s.29).

Indemnity exclusions: no indemnity where the loss is caused by the applicant's fraud or lack of care, or where the applicant had actual knowledge of the matter (LRA 2002 Schedule 8 para 5).

Electronic conveyancing: dispositions must be made by a conveyancer with the authority of the parties; the registrar may require electronic form for dispositions (LRA 2002 s.91–93).

Tenancy at will: no fixed term, terminable by either party on demand; no rent required, but payment of rent may evidence a periodic tenancy instead.

Periodic tenancy: continues from period to period until notice to quit; notice must expire at the end of a period and comply with statutory minimums (e.g., 4 weeks for a weekly tenancy).

Implied covenant of quiet enjoyment: landlord must not substantially interfere with the tenant's lawful possession; breach where the landlord's acts make the premises unfit for the purpose let.

Derogation from grant: landlord must not do anything that frustrates the purpose for which the premises were let; a classic example is letting adjoining premises for a competing use.

Service charges: landlord must provide a summary of rights and obligations (s.21 Landlord and Tenant Act 1985) and consult on major works (s.20) before charging; otherwise limited to £250 per tenant.

Right of first refusal: on disposal of a landlord's interest in a building containing flats, qualifying tenants have a right of first refusal (Landlord and Tenant Act 1987 Part I).

Statutory deposit protection: tenancy deposits for assured shorthold tenancies must be protected in a government-approved scheme within 30 days; failure bars s.21 possession and exposes the landlord to a penalty.

Leasehold enfranchisement: qualifying tenants may acquire the freehold (Leasehold Reform, Housing and Urban Development Act 1993) or extend the lease (Leasehold Reform Act 1967 as amended).

Equity of redemption: the mortgagor retains the right to redeem; any clause postponing redemption or clogging the equity is void (Samuel v Jarrah Timber); the right is a proprietary interest.

Mortgagee's duty on sale: reasonable care to obtain the best price reasonably obtainable; the mortgagee may sell at auction or privately but must not sell to itself or a connected person without disclosure.

Possession: a mortgagee may take possession without a court order unless the property is a dwelling-house, where a court order is required (s.36 Administration of Justice Act 1970); the court may adjourn or suspend.

Receiver: appointed under the Law of Property Act 1925 s.101 or by the court; the receiver acts as agent of the mortgagor and applies income to the mortgage debt.

Further advances: a prior mortgagee is entitled to priority for further advances unless the subsequent mortgagee has given notice (LPA 1925 s.94); the prior mortgagee must not make further advances after notice without agreement.

Subrogation: a person who pays off a mortgage may be subrogated to the mortgagee's rights, including priority and remedies, if the payment was intended to keep the security alive.

Undue influence: a mortgage may be set aside against the lender where the borrower's surety was unduly influenced and the lender had constructive notice (Royal Bank of Scotland v Etridge); independent legal advice is the safeguard.

Consumer credit: regulated mortgage contracts are subject to FCA rules on affordability, disclosure, and forbearance; breach may render the agreement unenforceable without a court order.

Easement of necessity: arises only where the land cannot be used at all without the right; mere convenience or a more expensive route does not suffice (Sweet v Sommer).

Common intention easement: arises where the parties had a common intention as to the use of the land and the easement is necessary to give effect to it (Stafford v Lee).

Wheeldon v Burrows: on a severance of land, the purchaser of the retained part takes subject to quasi-easements that were continuous and apparent, necessary for reasonable enjoyment, and used at the date of severance.

s.62 LPA 1925: a conveyance of land with buildings and appurtenances transfers all easements, rights, and advantages enjoyed with the land, even if not expressly mentioned; it can create new easements.

Extinguishment by abandonment: requires clear evidence of intention to abandon; mere non-use, however long, is insufficient without more (Benn v Hardinge).

Restrictive covenant remedies: injunction to restrain breach, damages in lieu (s.50 Supreme Court Act 1981), or a declaration; the burden does not run at law so damages are equitable.

Building scheme requirements: a common vendor, a defined area, uniform restrictions, and an intention that each purchaser takes for the benefit of all (Elliston v Reacher).

Easement v profit: an easement is a right over another's land without taking anything from it; a profit confers a right to take something (soil, crops, fish, game) from the servient land.

Factual possession: the squatter must deal with the land as an occupying owner might and no one else has; enclosure, cultivation, and locking gates are strong evidence (Seddon v Smith).

Intention to possess: an intention to possess, not to own; the squatter must show a settled intention to exclude the world, which may be inferred from conduct.

Implied licence: acts of trespass that are trivial or temporary may be treated as licensed; occupation must be inconsistent with the owner's enjoyment to be adverse.

Limitation and registered land: since LRA 2002, the 12-year limitation does not extinguish registered title; the squatter's route is Schedule 6 application after 10 years.

Schedule 6 procedure: the registrar serves notice on the proprietor and other interested parties; they may object on grounds including that the squatter is a defendant in possession proceedings.

Counter-notice and two-year period: if the proprietor objects and the squatter's application is rejected, the proprietor must take steps to recover possession within two years or the squatter may reapply and be registered.

Prescription Act 1832: 20 years' use for easements, 30 years for profits, 40 years for light; the period must be next before the action and without interruption.

Lost modern grant: a presumption that a grant was made where 20 years' use is shown; it can defeat a statutory prescription claim and is not defeated by the owner's incapacity.

Compulsory purchase order procedure: making the order, publication and service of notices, objection period, public inquiry, inspector's report, confirmation, and notice to treat.

Notice to treat: fixes the owner's interest and the valuation date; the owner must provide particulars of claim within the prescribed period; dispute over compensation goes to the Upper Tribunal (Lands Chamber).

General vesting declaration: an alternative to notice to treat that vests title in the acquiring authority on a specified date; compensation is assessed as at that date.

Injurious affection: compensation for diminution in value of retained land caused by the execution of works, where the works would be actionable but for statutory authority.

Planning permission: outline and full applications; conditions must be reasonable and related to the development (Newbury DC v Secretary of State); appeals to the Planning Inspectorate within 6 months.

Enforcement time limits: 4 years for operational development, 10 years for change of use or breach of condition; a lawful development certificate establishes lawfulness.

Conservation: listed building consent, conservation area consent, and tree preservation orders; unauthorised demolition or alteration of a listed building is a criminal offence.

Judicial review: challenge to a planning decision within 3 months; grounds are illegality, irrationality, procedural impropriety, and legitimate expectation.

Customary law: unwritten norms of a community applied by traditional authorities; proof may require evidence of local custom, and courts may take judicial notice of well-established customs.

Communal ownership: title vested in the community, with individual use rights; alienation of community land requires the consent of the community or its authorized body.

Statutory adjudication: registration statutes typically establish adjudication officers, demarcation of parcels, and a register; unregistered customary rights may be extinguished or converted.

Tenancy at sufferance: a tenant who remains after the lease expires without consent; the landlord may treat them as a trespasser or accept rent and create a periodic tenancy.

Landlord's right of re-entry: exercisable for non-payment of rent or breach of covenant; the tenant may seek relief in equity or under statute; peaceable re-entry is unlawful in residential premises.

Public land grants: statutory bodies must follow the governing statute; a grant beyond statutory power is ultra vires and void; procedural defects may be cured by statute.

Land tribunals: specialized tribunals hear disputes over customary land, compensation, and registration; appeals may lie to the High Court on points of law.

Gender and tenure: many reform statutes prohibit discrimination in land allocation; customary rules that exclude women may be challenged as unconstitutional or contrary to statute.

Trespass: actionable without proof of damage; remedies include damages, injunction, and recovery of possession; a defendant may plead jus tertii only in limited circumstances.

Nuisance: unreasonable interference with enjoyment of land; remedies include damages, abatement, and injunction; the locality, duration, and sensitivity of the claimant are relevant (St Helen's Smelting).

Recovery of land: possession claim under CPR Part 55; the court may adjourn or stay for possession claims involving mortgagors or tenants with statutory protection.

Specific performance: discretionary; the court considers whether damages are adequate, mutuality, hardship, and whether the claimant is ready and willing to complete.

Rectification of the register: the court may order rectification to correct a mistake (LRA 2002 Schedule 4); the registrar may also rectify; indemnity may be payable to a person prejudiced.

Limitation: 12 years for actions to recover land, 6 years for contract and tort, 12 years for specialty; fraud, concealment, or mistake may postpone the start of the period (Limitation Act 1980 s.32).

Ethics in conveyancing: duty to act in the client's best interests, avoid conflicts, keep client money separate, and disclose material information; a solicitor must not act for both parties where a conflict exists.

Professional conduct: confidentiality, competence, and integrity; a lawyer must not mislead the court or the other party and must report suspected money laundering under the applicable regulations.

Leasehold covenants run with the land: the burden of positive covenants runs to assignees of the leasehold estate (LPA 1925 s.142) and the benefit runs to the reversioner (s.141).

Landlord's consent to assignment: a covenant not to assign without consent is subject to a duty to give consent within a reasonable time and not to withhold unreasonably (Landlord and Tenant Act 1988 s.1).

Forfeiture for non-payment of rent: the landlord must serve a formal demand unless dispensed with; the tenant may seek relief within 6 months (s.210 Common Law Procedure Act 1852) or under the court's equitable jurisdiction.

Forfeiture for other breaches: a s.146 LPA 1925 notice must specify the breach, require remedy, and require compensation; the tenant may serve a counter-notice and apply for relief.

Waiver of forfeiture: acceptance of rent with knowledge of the breach waives the right to forfeit for that breach; a demand for rent may also waive.

Assignment of reversion: the new landlord takes subject to the covenants and can enforce them; notice of assignment should be given to the tenant.

Rent deposit: a deposit is not rent; it may be held as security and must be protected in an approved scheme for ASTs; failure is a breach of statutory duty.

Tenant's improvements: a tenant may remove trade fixtures before the lease ends; landlord's consent may be required; removal must not cause substantial damage.

Mortgage by demise: abolished for registered land (LRA 2002) but survives for unregistered land; the mortgagee takes a term of years subject to the mortgagor's equity of redemption.

Charge by way of legal mortgage: the chargee has the same protection, powers, and remedies as a mortgagee by demise (LPA 1925 s.87).

Equitable charge: created by writing signed by the chargor (LPA 1925 s.53(1)(c)); enforceable by court order for sale or appointment of a receiver.

Priority agreement: mortgagees may agree to vary priority; a deed of priority or postponement is effective and binds successors.

Tacking: a further advance made after notice of a subsequent mortgage does not gain priority unless the prior mortgagee was obliged to make it (LPA 1925 s.94).

Redemption: the mortgagor may redeem on payment of principal, interest, and costs; a clause restricting redemption to a particular person or time may be void as a clog.

Sale proceeds: applied in order - costs of sale, principal, interest, then subsequent incumbrancers, then the mortgagor; the mortgagee must account for any surplus.

Mortgage fraud: a forged mortgage is void; the lender may claim indemnity from the registrar if the register is rectified; a purchaser in good faith may be protected (LRA 2002).

Express easement: granted or reserved by deed; must be registered as a notice on the servient title for registered land to bind a purchaser for value.

Implied grant: on a sale of part, easements of necessity and common intention may be implied; the court considers the parties' presumed intention (Wong v Beaumont Property).

Presumed grant: continuous and apparent easements used at the date of the conveyance may pass under s.62 LPA 1925 or the rule in Wheeldon v Burrows.

Easement of light: prescriptive right to light under the Prescription Act 1832 after 20 years; the right is to sufficient light for the ordinary purposes of the building.

Profit à prendre: may be held in gross (independent of land) or appurtenant; a profit in gross is assignable and may be registered as a title.

Restrictive covenant: must be negative in substance; a covenant requiring expenditure or positive action does not run with freehold land.

Covenant benefit: annexation, assignment, or building scheme; the benefit must be intended to run with the land and be identifiable.

Modification: the Upper Tribunal may modify or discharge a covenant where it is obsolete, impedes reasonable use, or secures no practical benefit (s.84 LPA 1925); compensation may be ordered.

Adverse possession and leases: a tenant cannot claim adverse possession against their landlord during the tenancy; possession is not adverse until the tenancy ends.

Co-owners: one co-owner cannot claim adverse possession against another unless there is ouster or clear exclusion.

Interruption: a physical interruption or a written acknowledgment of title restarts the limitation period; mere protest is not enough.

Prescription: use must be as of right - without force, secrecy, or permission; a landowner's tolerance may defeat a claim if it amounts to permission.

Statutory prescription: the Prescription Act 1832 requires the use to be without interruption for the statutory period; a single interruption may defeat the claim unless it is temporary.

Easement by prescription: the right must be capable of existing as an easement (not a mere recreation or a right to a view) and must be certain in extent.

Registered land and prescription: prescriptive easements are overriding interests if not registered but are obvious and known; otherwise they must be protected by notice.

Limitation and the Crown: the Crown is not bound by the Limitation Act in the same way; special rules apply to Crown land and foreshore.

Compulsory purchase compensation: the statutory basis is the Land Compensation Act 1961; the six rules include the no-scheme rule, the disregard of the value of the scheme, and the assumption of planning permission.

Home loss payment: payable to a person displaced from a dwelling by compulsory purchase; the amount is a statutory percentage of the market value subject to a maximum.

Disturbance: reasonable costs of moving, loss of goodwill, and professional fees; the claimant must mitigate and provide evidence.

Blight notice: available where a public authority has designated land for compulsory acquisition and the owner cannot sell except at a depressed price; the authority must purchase if the notice is valid.

Planning obligations: s.106 TCPA 1990 agreements may restrict development or require contributions; they must be necessary, relevant, and proportionate (CIL Regulations).

Community infrastructure levy: a charge on development to fund infrastructure; liability is on the owner and must be calculated and paid before commencement.

Enforcement appeals: grounds include that planning permission ought to be granted, that the notice is invalid, or that the time for compliance is too short.

Judicial review and statutory review: planning challenges are usually by statutory review under s.288 TCPA 1990 within 6 weeks; other decisions by judicial review within 3 months.

Customary tenure: rights may be held by families, clans, or communities; the head of the family manages but cannot alienate without consent.

Statutory conversion: registration of customary land typically requires adjudication, demarcation, and a public notice period for objections.

Tenancy at will and periodic tenancy: a tenancy at will arises by agreement without a fixed term; a periodic tenancy arises by payment and acceptance of rent at intervals.

Statutory tenancy: rent control legislation may create a statutory tenancy that continues after the contractual tenancy ends; the landlord must prove a statutory ground for possession.

Public land: grants must comply with the governing statute; a grant beyond power is ultra vires and void; procedural defects may be cured by statute.

Land tribunals: specialized tribunals hear disputes over customary land, compensation, and registration; appeals may lie to the High Court on points of law.

Gender equality: reform statutes often prohibit discrimination in land allocation; customary rules that exclude women may be challenged as unconstitutional.

Land tenure reform: statutes typically establish a land commission, a register, and dispute resolution mechanisms; customary rights not registered may be extinguished.

Possession claims: CPR Part 55 applies; a defence may raise a seriously arguable case (e.g., proprietary estoppel or statutory protection); the court may adjourn or stay.

Specific performance: available for contracts for sale of land because damages are inadequate; the court considers hardship, mutuality, and clean hands; delay may bar relief (laches).

Injunction: prohibitory or mandatory; interlocutory relief requires a serious issue to be tried and the balance of convenience (American Cyanamid); quia timet relief for threatened trespass.

Damages: for trespass, nominal or compensatory; for nuisance, diminution in value or cost of remediation; for breach of covenant, the diminution in value of the dominant land.

Proprietary estoppel: assurance, reliance, detriment, unconscionability; the remedy is the minimum equity to do justice (Crabb v Arun DC), which may be a licence, money, or the land itself.

Rectification and setting aside: fraud, mistake, or undue influence may justify setting aside a transfer; a forged transfer is void and the register may be rectified (LRA 2002 Schedule 4).

Limitation periods: 12 years for recovery of land, 6 years for contract and tort, 12 years for specialty; fraud, concealment, or mistake may postpone the start (Limitation Act 1980 s.32).

Ethics: conflicts of interest in conveyancing require separate representation; client money must be held in a designated client account; confidentiality survives the retainer.

Fee simple absolute in possession: the largest estate; 'absolute' excludes determinable or conditional limitation; 'in possession' means immediate entitlement to possession or receipt of rents.

Ownership of the surface carries a presumption of ownership usque ad coelum et ad inferos, limited by statute (Civil Aviation Act 1982 s.76) and reasonable-use airspace doctrine.

Legal title to registered land vests in the registered proprietor; the register is conclusive as to title subject to overriding interests and rectification (LRA 2002 s.58).

Doctrine of estates: a grantor can carve out lesser estates (life interest, lease) while retaining the reversion; the reversion itself is a proprietary interest capable of transfer.

Co-existing ownership rights: a freeholder may hold the surface while minerals, sporting rights, or airspace are severed and held separately; each is a distinct hereditament.

Boundary presumption: where a boundary abuts a highway, the presumption is that the freeholder owns to the centre of the road, rebuttable by conveyance language.

Proprietary estoppel and part performance can give an equitable ownership interest binding the legal owner's conscience even without a completed conveyance.

Trusts of land: since TLATA 1996 all co-owned land is held on trust of land; the legal owners are trustees and the equitable owners hold beneficial interests.

Joint tenancy: four unities (possession, interest, title, time) plus right of survivorship; severance destroys survivorship and converts to tenancy in common.

Severance methods: written notice (LPA 1925 s.36(2)), alienation of a share, mutual agreement, course of dealing, and unlawful killing of a co-owner (Forfeiture Act 1982 modifies).

Tenancy in common: no survivorship; each co-owner holds a distinct, undivided share, which passes under their will or intestacy.

TLATA 1996: trustees have powers of an absolute owner subject to the trust; beneficiaries over 18 with an interest in possession may direct appointment of a new trustee.

Overreaching: a purchaser from trustees of land overreaches beneficial interests if the purchase money is paid to at least two trustees; equitable interests convert into interests in the proceeds of sale.

Possession: factual possession (single and exclusive control) plus intention to possess on one's own behalf; a licensee's occupation is not possession (JA Pye v Graham).

Occupation rent: a co-owner cannot claim occupation rent from another co-owner unless ousted or by agreement; improvements may be credited on sale.

Order for sale: the court considers the purpose of the trust, the welfare of minors, and the interests of secured creditors (TLATA 1996 s.15); a mortgagee's interest usually prevails.

Contract for sale of land: must be in writing, signed by both parties, and incorporate all agreed terms (LPA 1925 s.2; LP(MP)A 1989 s.2); otherwise void, subject to part performance or estoppel.

Exchange of contracts creates an equitable interest; completion transfers the legal estate by deed (LPA 1925 s.52); a deed requires signature, attestation, and delivery.

Formalities: deed for legal interests; a contract for a lease over 3 years must be by deed; leases 3 years or less may be created orally at law if at best rent and taking effect in possession.

Gift: a voluntary conveyance requires a deed for legal estates; equity will not perfect an imperfect gift (Milroy v Lord), save where the donor has done everything necessary.

Inheritance: on intestacy the statutory trusts govern distribution (AEA 1925 s.46); a will must be signed and witnessed by two witnesses (Wills Act 1837 s.9).

Sale of land: the seller must disclose latent defects in title; caveat emptor applies to physical condition; misrepresentation gives rescission or damages (Misrepresentation Act 1967).

Standard conditions: deposit typically 10%, completion usually 20 working days after exchange; time is of the essence only where expressly stated or by notice to complete.

Landlord and Tenant (Covenants) Act 1995: on assignment, the outgoing tenant is released from future liability for new leases; original tenants under old leases remain liable unless released.

Land in the statutory sense (LPA 1925 s.205(1)(ix)) includes the physical surface, buildings, fixtures, airspace to a reasonable height, subsoil, minerals, and legal estates and interests arising in or over it.

Two legal estates only: fee simple absolute in possession and term of years absolute; all other estates take effect in equity (LPA 1925 ss.1(1)-(3)).

Five legal interests: easement, rentcharge, charge by way of legal mortgage, statutory charge, and rights of entry in certain leases (LPA 1925 s.1(2)).

Fixtures test: degree of annexation plus purpose of annexation; a chattel resting by its own weight is presumed not a fixture, but the presumption rebuts where attached to improve the land (Holland v Hodgson).

Airspace: a landowner controls only such airspace as is necessary for the reasonable use and enjoyment of the land (Bernstein v Skyviews); overflight above that level is not trespass.

Subsoil: the presumption is that a freeholder owns minerals beneath the surface, rebuttable by express reservation or statutory vesting (e.g., coal, gold, silver).

Found objects: treasure vesting under the Treasure Act 1996 belongs to the Crown; items not treasure go to the landowner if in or attached to the land, otherwise to the finder (Waverley BC v Fletcher).

Classification: corporeal hereditaments (tangible land) versus incorporeal hereditaments (rights over land such as easements and profits); realty versus personalty determines succession and remedies.

First registration: voluntary or compulsory on a triggering event (transfer for value, grant of a lease over 7 years, creation of a protected first legal mortgage); application within two months of the triggering event.

Caution against first registration: protects an unregistered interest pending first registration; the registrar notifies the cautioner before registering a title, who may then object.

Notices and restrictions: a notice protects a priority interest without imposing duties on the registrar; a restriction controls registration of dispositions and must be complied with.

Overreaching: a purchaser from two or more trustees overreaches equitable interests whether or not the purchaser knows of them, provided the requirements are met.

Adverse possession on registered land is not a class of title; the squatter applies for registration under Schedule 6 and, if successful, is registered as proprietor subject to existing charges.

Priority of registered dispositions: a registered disposition for value takes effect subject to entries on the register and overriding interests but free of unregistered minor interests (LRA 2002 s.29).

Indemnity exclusions: no indemnity where the loss is caused by the applicant's fraud or lack of care, or where the applicant had actual knowledge of the matter (LRA 2002 Schedule 8 para 5).

Electronic conveyancing: dispositions must be made by a conveyancer with the authority of the parties; the registrar may require electronic form for dispositions (LRA 2002 ss.91-93).