Land Law
Estates and interests
Only two legal estates survive: the freehold fee simple absolute in possession and the leasehold term of years absolute (LPA 1925 s 1). Legal interests include easements, charges and rights of entry; everything else is equitable. Registered land is governed by the Land Registration Act 2002; unregistered land by the 1925 property legislation and the Land Charges Act 1972.
Co-ownership
Joint tenants hold as one - no distinct shares, with the right of survivorship. Tenants in common hold in distinct shares, with no survivorship. Severance converts a joint tenancy into a tenancy in common. Overreaching is the key protection: a purchaser of a legal estate who pays the purchase money to at least two trustees takes free of beneficial interests behind a trust of land.
Easements and covenants
An easement needs a dominant and servient tenement, diversity of ownership, benefit to the dominant land, and capability of forming the subject matter of a grant. Prescription and implied grant (necessity, common intention, Wheeldon v Burrows) are frequent examinables. Restrictive covenants bind successors under Tulk v Moxhay if negative, annexed or assigned, and registered; positive covenants do not run at law without a chain of indemnity covenants.
Mortgages, leases and adverse possession
A mortgagee's remedies include possession, sale and appointment of a receiver. Leases require certainty of term and exclusive possession. Adverse possession of registered land now requires an application under Sch 6 LRA 2002.
Trap: s 29 LRA 2002 - a purchaser for value of a registered title takes free of interests not entered on the register or overriding.