Modern land law

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Book Description U. Soft cover. Routledge, Full refund if not satisfied. If not pictured in this listing, a scan of the actual book is available on request. Seller Inventory nrg Never used!. Seller Inventory P Seller Inventory Items related to Modern Land Law. Modern Land Law. Uses having become legal estate by the Statute of Uses, and therefore no longer devisable, the Statute of Wills [21] explained by the Wills Act of [22] was passed to remedy this inconvenience.

At least as late as , it remained law as to wills made before After feudalism had broken down, and the number of slaves and serfs had dwindled, the law saw more and more people as being formally free from a landlord. However people's de facto freedom was still constrained because they had no property themselves. T More , Utopia More landlords were enclosing pastures that had been open for commoners to use, and destroying people's houses, especially for sheep farming.

These required that any houses destroyed be rebuilt, but if not half the additional profits would go to the Crown. The Crown itself claimed an inherent right to any valuable metals found on land in , [23] and people who had less than four acres of land were prohibited from building homes by the Erection of Cottages Act The final, formal end of feudal land tenure in England came only after the English Civil War.

History of English land law - Wikipedia

When the monarchy was restored Parliament ensured with the Tenures Abolition Act that landlords' obligations of service and military provision were replaced by monetary payments and an annual payment financed by taxation. Over the same period, behind the momentous shifts in land's social significance, legal developments in the law of property revolved around the split between the courts of common law and equity. However, the King had the power to hear petitions and overturn cases of common law. He delegated the hearing of petitions to his Lord Chancellor , whose office grew into a court.

During the crusades , landowners who went to fight would transfer title to a person they trusted so that feudal services could be performed and received. But some who survived had returned only to find that the people they entrusted were refusing to transfer title back. They sought justice with the Lord Chancellor , and his Court of Chancery determined that the true "use" or "benefit" of the land did not belong to the person on the title or the feoffee who held seisin. Unlike the common law judges, the Chancellor held the cestui que use , the owner in equity , could be a different person, if this is what good conscience dictated.

It was similarly useful among Franciscan friars, who would transfer title of land to others as they were precluded from holding property by their vows of poverty. If a person died, the law stated a landlord was entitled to money before the land passed to heir, and the whole property under the doctrine of escheat if there were no heirs. Transferring title to a group of people for common use could ensure this never happened, because if one person died he could be replaced, and it was unlikely for all to die at the same time.

King Henry VIII saw that this deprived the Crown of revenue, and so in the Statute of Uses he attempted to prohibit them, stipulating all land belonged in fact to the cestui que use. By the early s, the use had formalised into a trust: [28] where land was settled to be held by a trustee, for the benefit of another, the Courts of Chancery recognised the beneficiary as the true owner in equity.


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In the reign of Elizabeth the Fraudulent Conveyances Act [29] and [30] avoided fraudulent conveyances as against all parties and voluntary conveyances as against subsequent purchasers for valuable consideration. Early in the reign of Charles II the Tenures Abolition Act turned most feudal tenures into tenure by free and common socage and abolished the feudal incidents.

The Statute of Frauds contained provisions that certain leases and assignments, and that all agreements and trusts relating to land, should be in writing. The land registries of Middlesex and Yorkshire date from the reign of Anne. Devises gifts by will of land for charitable purposes were forbidden by the Charitable Uses Act of Over the 18th century, the law of real property mostly came to a standstill in legislation, but principles continued to develop in the courts of equity, notably under Lord Nottingham from , Lord King — , Lord Hardwicke — , Lord Henley — , and Lord Eldon The moral philosopher and father of economics, Adam Smith , reflected these changes as he argued in The Wealth of Nations that landowners' position allowed them to extract rents from others in return for very little.

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First, there was increasing pressure to dismantle the privileges of the landed aristocracy. This included the view that all land should be put on a register, so as to ease its ability to be marketed. The Land Transfer Act introduced a voluntary system, but it was not taken up. After the general election the new Chancellor of the Exchequer, David Lloyd George , in his People's Budget of introduced a tax on land to force it onto the market. But the Liberal government was returned and it abolished the Lords right of veto in the Parliament Act By then, land registration reforms were a minor political issue and only really opposed by solicitors who earned sizeable conveyancing fees.

In the reign of Victoria there was a vast mass of legislation dealing with real estate in almost every conceivable aspect. At the immediate beginning of the reign stands the Wills Act The transfer of real estate was simplified by the Real Property Act of [40] [41] and by the Conveyancing Acts of [42] and The strictness of the Mortmain Act was relaxed in favour of gifts and sales to public institutions of various kinds, such as schools, parks and museums.

The period of limitation was shortened for most purposes from twenty to twelve years by the Real Property Limitation Act Several acts were passed dealing with the enfranchisement and commutation of copyholds and the preservation of commons and open spaces. The Naturalization Act enabled aliens to hold and transfer land in England.

The Felony Act , abolished forfeiture of real estate on conviction for felony. The Agricultural Holdings Acts and , and other acts, gave the tenant of a tenancy within the acts a general right to compensation for improvements, substituted a year's notice to quit for the six months' notice previously necessary, enlarged the tenant's right to fixtures, and limited the amount of distress.

Statistics

By the Intestate Estates Act the law of escheat was extended to incorporeal hereditaments and equitable estates. Among other subjects which have been dealt with by legislation in the 19th century may be mentioned land transfer, registration, mortgage, partition, excambion , fixtures, taking of land in execution, declaration of title and apportionment. The Law of Property Act was meant to reduce the number of legal estates to two, and to make easier the transfer of interests in land.

Second, the Court of Chancery , though it may have mitigated the petty strictnesses of the common law of property, was seen as cumbersome and arcane. It was subjected to ridicule in books like Charles Dickens ' Bleak House and his fictional case of Jarndyce and Jarndyce , an inheritance question or dispute that nobody understood, dragged on for generations and ended in costs having devoured the property held in chancery chiefly for safekeeping.

Under the Supreme Court of Judicature Act , equitable principles would prevail in case of conflict. Third, in most counties and boroughs, the ability to vote for Members of Parliament had been tied to possession of property in land. From the Great Reform Act , to the Reform Act , and the Representation of the People Act , the connection between property and the vote was gradually reduced and then abolished. Together with the Parliament Act , a more democratic constitution had emerged, though it was only in that the voting age for men and women became equal and only in that the double votes and extra constituencies for students of the Universities of Oxford, Cambridge and London were removed.

Over the twentieth century, and following on from the reforms, land law became increasingly social in character. First, from the Housing Act and the post war government's policy of building " homes fit for heroes " more and more houses were built, and maintained, by local governments. In private accommodation, new rights were enacted for tenants against their landlords, with some security of tenure and rent regulation , a break on unfettered " freedom of contract ". The Housing Act enabled enfranchisement by introducing a " right to buy " one's council home accompanied by a settled policy of cutting government funding of social housing which was growing as concrete tower blocks and other forms of cheap construction became heavily criticised by socialists and capitalists alike.

History of English land law

Rights for short term lessees tenants and constraints on rent were reduced accompanied by putting tenancies in a standard six-month authorised form of tenancy, procedure for eviction, and providing a settled definition of "fit for habitation" under the Landlord and Tenant Act and the Protection from Eviction Act Second, property was increasingly used as a source of finance for business, and similarly became source of profit for banks, mortgage lenders and real estate investment trusts. This fact drove changes in the market for mortgage regulation, while the growing financial interest in land tended to conflict with family life.

As the UK came closer to gender equality , women as much as men contributed to the purchase of homes, as well as contributing to raising families and children. Registered Land 3. Unregistered Land 4. Co-Ownership 5. Successive Interest in Land 6. Leases 7.

The Law of Easements 8. Freehold Covenants 9. Licences and Proprietary Estoppel The Law of Mortgages Adverse Possession. List Price: HKD 1,