By Martin Dixon
ISBN-10: 1859414729
ISBN-13: 9781859414729
The fourth variation of Martin's Dixons "Principles of Land legislation" builds at the book's power as a hassle-free, but complete account of the sphere. conserving its rationalization of land legislations in an comprehensible and logical style, this completely revised and up-to-date e-book absolutely considers the impression of the reforms of the Land Registration Act 2002. because the most important piece of laws given that 1925, this statute will essentially switch the best way we process land legislation. The textual content is designed to discover the parable that land legislation is a secret, by means of treating the topic like a jigsaw and explaining how the rules of the topic healthy jointly inside that jigsaw. every one bankruptcy commences with a transparent creation to the final scheme of contemporary land legislations after which considers the most important subject matters in flip, concluding with a precis. "Principles of Land legislations" offers a readable, transparent and thorough exposition of the foundations of land legislations.
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Extra resources for Principles of Land Law (Principles of Law)
Example text
Today, the distinction between legal and equitable rights rests on other grounds but, as we shall see, it still has a flavour of the old distinction between the formality of the common law and the fairness of equity. 2 Making the distinction between legal and equitable rights today In order to determine today (that is, prior to the introduction in full of electronic conveyancing) whether any given proprietary right is legal or equitable, two issues need to be addressed. First, is the right capable of existing as either a legal or equitable right?
If it (the freehold or leasehold) is in that class of ‘disposition’ that is required to be made by electronic entry on the register, it will not exist at all (legally or equitably) until it is so registered. Clearly, such a ‘formality’ requirement necessarily removes any meaningful distinction between legal and equitable rights. In reality, these rights (those required to be created by electronic registration) will either exist, or they will not. In fact, this is rather a simple picture, because not all proprietary rights will be required to be transferred or created by electronic entry on the register.
For completeness, it should also be noted that rights arising before the 1989 Act can be equitable if created by an oral contract without the need to plead proprietary estoppel or constructive trust, provided that that oral contract was supported by some act of part performance in pursuit of the right, as in Thatcher v Douglas (1996), applying s 40 of the LPA 1925 (now repealed for rights arising post the 1989 Act). 5 The proposed system of electronic conveyancing The picture presented above can, at its simplest, be stated thus: such rights as may be legal usually must be created or transferred by a deed in order actually to be legal (with some limited exceptions such as short leases and easements by ‘prescription’); such rights as may be equitable (including ‘failed’ legal rights) usually must be created or transferred by a written instrument in order actually to exist in equity.