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English land law is the law of
real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, refers to parcels of land and any associated structures which are the property of a person. For a structure (also called an Land i ...
in
England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
. Because of its heavy historical and social significance, land is usually seen as the most important part of
English property law English property law is the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four main t ...
. Ownership of land has its roots in the
feudal Feudalism, also known as the feudal system, was a combination of legal, economic, military, cultural, and political customs that flourished in Middle Ages, medieval Europe from the 9th to 15th centuries. Broadly defined, it was a way of struc ...
system established by
William the Conqueror William the Conqueror (Bates ''William the Conqueror'' p. 33– 9 September 1087), sometimes called William the Bastard, was the first Norman king of England (as William I), reigning from 1066 until his death. A descendant of Rollo, he was D ...
after 1066, but is now mostly registered and sold on the real estate market. The modern law's sources derive from the old courts of
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
and equity, and legislation such as the
Law of Property Act 1925 The Law of Property Act 1925 ( 15 & 16 Geo. 5. c. 20) is an act of the Parliament of the United Kingdom. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The progr ...
, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the
Land Registration Act 2002 The Land Registration Act 2002 (c. 9) is an act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though ...
. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates priority over other people's claims, particularly if the land is sold on, the possessor goes
insolvent In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet in ...
, or when claiming various remedies, like
specific performance Specific performance is an equitable remedy in the law of contract, in which a court issues an order requiring a party to perform a specific act, such as to complete performance of a contract. It is typically available in the sale of land law, b ...
, in court. Land is usually acquired, first, by a contract of sale, and to complete a purchase, the buyer must register their interest with His Majesty's Land Registry. Similar systems run in
Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
and
Northern Ireland Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
. Around 15 per cent of land in
England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
remains unregistered, so property disputes are still determined by principles developed by the courts. Human rights, like the right to a family life and home under ECHR article 8 and the right to peaceful enjoyment of possessions, under article 1 of the First Protocol, apply for everyone. Second, people may acquire rights in land by contributing to a home's purchase price, or to family life, if the courts can find evidence of a common intention that rights should be created. The law acknowledges a " resulting" or "
constructive trust In trust law, a constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess ...
" over the property. These interests, and leases under 7 years length, do not need to be registered to be effective. Third, people can acquire land through
proprietary estoppel Proprietary estoppel is a legal claim, especially connected to English land law, which may arise in relation to rights to use the property of the owner. It may even be effective in connection with disputed transfers of ownership. Proprietary esto ...
. If someone is given an assurance that they will receive property, and they rely on this to their detriment, a court may acknowledge it. Fourth,
adverse possession Adverse possession in common law, and the related civil law (legal system), civil law concept of usucaption (also ''acquisitive prescription'' or ''prescriptive acquisition''), are legal mechanisms under which a person who does not have title (p ...
allows people who possess land, without formal objection by the owner, although this is now difficult to achieve in respect of a registered title. Multiple people can be interested in land, and it can be used in multiple ways. There could be a single freeholder, or people can own land jointly. The law closely regulates the circumstances under which each may sever or sell their share. Leases, and to some degree licenses, allocate the use of land to new owners for a period of time. Mortgages and other forms of
security interest In finance, a security interest is a legal right granted by a debtor to a creditor over the debtor's property (usually referred to as the '' collateral'') which enables the creditor to have recourse to the property if the debtor defaults in m ...
are usually used to give moneylenders the right to seize property if the debtor does not repay a loan. Easements and covenants involve rights and duties between neighbours, for instance with an agreement that a neighbour will not build on a piece of land, or to grant a right of way. On top of these rules of transactions and priority, there is a wide body of regulation over the social use of land. Planning rules seek to ensure that communities and the environment are good to live in. Although very limited, there are some rights to social housing, and tenants have limited rights against landlords that override contract to counteract tenants'
unequal bargaining power Inequality of bargaining power in law, economics and social sciences refers to a situation where one Party (law), party to a Bargaining, bargain, contract or Gentlemen's agreement, agreement, has more and better alternatives than the other party. ...
.
Agriculture Agriculture encompasses crop and livestock production, aquaculture, and forestry for food and non-food products. Agriculture was a key factor in the rise of sedentary human civilization, whereby farming of domesticated species created ...
and
forestry Forestry is the science and craft of creating, managing, planting, using, conserving and repairing forests and woodlands for associated resources for human and Natural environment, environmental benefits. Forestry is practiced in plantations and ...
covers most of the UK land mass and is important for fair food prices. Gas, oil and coal have historically been energy sources, but now legal policy is to replace them with renewable energy is crucial to halt climate damage.


History

The history of English land law can be traced into Roman times, and through the Dark Ages under Saxon monarchs where, as for most of human history, land was the dominant source of social wealth. The start of an English law of
real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, refers to parcels of land and any associated structures which are the property of a person. For a structure (also called an Land i ...
, however, came after the Norman Invasion of 1066, when a
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
was built throughout England. The new King,
William the Conqueror William the Conqueror (Bates ''William the Conqueror'' p. 33– 9 September 1087), sometimes called William the Bastard, was the first Norman king of England (as William I), reigning from 1066 until his death. A descendant of Rollo, he was D ...
, started standardising England's feudal rules, and compiled a reference for all land and its value in the
Domesday Book Domesday Book ( ; the Middle English spelling of "Doomsday Book") is a manuscript record of the Great Survey of much of England and parts of Wales completed in 1086 at the behest of William the Conqueror. The manuscript was originally known by ...
of 1086. This was used to determine taxes, and the feudal dues that were to be paid.
Feudalism Feudalism, also known as the feudal system, was a combination of legal, economic, military, cultural, and political customs that flourished in Middle Ages, medieval Europe from the 9th to 15th centuries. Broadly defined, it was a way of struc ...
meant that all land was held by the Monarch.
Estates in land An estate in land is, in the law of England and Wales, an interest in real property that is or may become possessory. It is a type of personal property and encompasses land ownership, rental and other arrangements that give people the right to use ...
were granted to lords, who in turn parcelled out property to tenants. Tenants and lords had obligations of work, military service, and payment of taxation to those up the chain, and ultimately to the Crown. Most of the
peasantry A peasant is a pre-industrial agricultural laborer or a farmer with limited land-ownership, especially one living in the Middle Ages under feudalism and paying rent, tax, fees, or services to a landlord. In Europe, three classes of peasan ...
were bonded to their masters.
Serfs Serfdom was the status of many peasants under feudalism, specifically relating to manorialism and similar systems. It was a condition of debt bondage and indentured servitude with similarities to and differences from slavery. It developed dur ...
, cottars or
slaves Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
, who may have composed as much as 88 per cent of the population in 1086, were bound by law to work on the land. They could not leave without permission of their Lords. But also, even those who were classed as free men were factually limited in their freedom, by the limited chances to acquire property. Around 1187
Ranulf de Glanvill Ranulf de Glanvill (''alias'' Glanvil, Glanville, Granville, etc., died 1190) was Chief Justiciar of England during the reign of King Henry II (1154–89) and was the probable author of '' Tractatus de legibus et consuetudinibus regni Anglie ...
, King Henry II's Chief Justiciar composed the first major treatise of the common law, the '' Tractatus de legibus et consuetudinibus regni Angliae'', setting out the system of
writs In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writs ...
that people used to claim rights of property, and rights against one another. Glanvill himself died in the
Third Crusade The Third Crusade (1189–1192) was an attempt led by King Philip II of France, King Richard I of England and Emperor Frederick Barbarossa to reconquer the Holy Land following the capture of Jerusalem by the Ayyubid sultan Saladin in 1187. F ...
, and as discontent resulting from the crusades' cost grew, English barons forced King John to sign
Magna Carta (Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...
. This guaranteed rights of representation to the barons, but contained very little for "commoners". However, a number of clauses were extracted and expanded into the Charter of the Forest 1217, which did allow people access to
common land Common land is collective land (sometimes only open to those whose nation governs the land) in which all persons have certain common rights, such as to allow their livestock to graze upon it, to collect wood, or to cut turf for fuel. A person ...
, where people could hunt and fish for food. Over the centuries, the law expanded on the extent of
common ownership Common ownership refers to holding the assets of an organization, enterprise, or community indivisibly rather than in the names of the individual members or groups of members as common property. Forms of common ownership exist in every economi ...
, but generally the trend was toward removing land from people. The Commons Act 1236 allowed the Lord of a Manor to enclose any manorial land that had previously been common, and the
Statute of Westminster 1285 The Statute of Westminster of 1285 ( 13 Edw. 1. St. 1), also known as the Statute of Westminster II or the Statute of Westminster the Second, like the Statute of Westminster 1275, is a code in itself, and contains the famous clause ''De donis ...
formalised the system of
entail In English common law, fee tail or entail is a form of trust, established by deed or settlement, that restricts the sale or inheritance of an estate in real property and prevents that property from being sold, devised by will, or otherwise ali ...
so that land would only pass to the heirs of a landlord. The Statute ''
Quia Emptores is a statute passed by the Parliament of England in 1290 during the reign of Edward I of England, Edward I that prevented Tenement (law), tenants from Alienation (property law), alienating (transferring) their lands to others by subinfeudati ...
Terrarum'' 1290 allowed alienation of land only by substitution of the title holder, halting creation of further sub-tenants. The
civil liberties Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties of ...
of
Magna Carta (Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...
of 1215, and its reissue in 1297, were only meant for
baron Baron is a rank of nobility or title of honour, often Hereditary title, hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than ...
s and lords, while the vast majority of people were poor, subjugated and dispossessed. In 1256, the second major treatise, by
Henry de Bracton Henry of Bracton (c. 1210 – c. 1268), also known as Henry de Bracton, Henricus Bracton, Henry Bratton, and Henry Bretton, was an English cleric and jurist. He is famous now for his writings on law, particularly ''De legibus et consuetudinib ...
, '' De Legibus et Consuetudinibus Angliae'' set out the laws of property or "things", alongside laws of "persons" and "actions". Feudalism had not always been a part of English society, rather than being positively imposed by the monarchs prior to the Norman Invasion. However, from 1348 everything changed as the
Black Death The Black Death was a bubonic plague pandemic that occurred in Europe from 1346 to 1353. It was one of the list of epidemics, most fatal pandemics in human history; as many as people perished, perhaps 50% of Europe's 14th century population. ...
swept through Europe, killing a third of the population. People like the poet
Geoffrey Chaucer Geoffrey Chaucer ( ; – 25 October 1400) was an English poet, author, and civil servant best known for ''The Canterbury Tales''. He has been called the "father of English literature", or, alternatively, the "father of English poetry". He w ...
had seen subservience as part of a natural social order, ordained by God. But if landowners had themselves survived the plague, the peasants' labour on the land had become very scarce. Ironically, the surviving peasants were in a greater position of economic power, in claims or bargaining for wages. Feudalism began to break down. First, serfs could go undergo "commutation", where the lord simply agreed to accept money rents from tenants instead of labour services. This did not mean freedom itself, but abandoning forced labour and payments in kind to landlords meant the open evidence of servility was concealed. In disputes, royal courts were increasingly bias toward declaring a peasant was free. Second, through an act of
manumission Manumission, or enfranchisement, is the act of freeing slaves by their owners. Different approaches to manumission were developed, each specific to the time and place of a particular society. Historian Verene Shepherd states that the most wi ...
lords could voluntarily grant freedom and this was increasingly done, after the plague, if the serf or a relative made a payment of money. Third, the common law stated that if a serf lived on free soil, as in a chartered town or Royal demesne land, for a year and a day, they would become free. The nobility and the King reacted to the rising
bargaining power Bargaining power is the relative ability of parties in a negotiation (such as bargaining, contract writing, or making an agreement) to exert influence over each other in order to achieve favourable terms in an agreement. This power is derived f ...
of the peasantry by fixing wages, and violently suppressing any uprisings, like the
Peasants' Revolt The Peasants' Revolt, also named Wat Tyler's Rebellion or the Great Rising, was a major uprising across large parts of England in 1381. The revolt had various causes, including the socio-economic and political tensions generated by the Black ...
in 1381. Yet this combination of factors, slowly but surely, meant that by 1485 just one per cent of the population were left in bondage. Around 1481, a judge of the
Common Pleas A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...
named
Thomas de Littleton Sir Thomas de Littleton or de Lyttleton Order of the Bath, KB Serjeant-at-law, SL(c. 1407–23 August 1481) was an English judge, undersheriff, Lord of Tixall Gatehouse, Tixall Manor, and legal writer from the Lyttelton family. He was also ma ...
produced the first treatise organised by subject rather than writs, on property law, the '' Treatise on Tenures''. Formal subservience was increasingly seen as a social scar. In 1523 Justice Anthony Fitzherbert wrote that the remainder of bondmen was "the greatest inconvenience that now is suffred by the lawe." But if more people were formally free from a landlord, people's factual freedom was still constrained because they had no property themselves. More landlords were enclosing pastures that had been open for commoners to use, and destroying people's houses, especially for
sheep farming Sheep farming or sheep husbandry is the raising and breeding of domestic sheep. It is a branch of animal husbandry. Sheep are raised principally for their meat (lamb and mutton), milk (sheep's milk), and fiber (wool). They also yield sheepskin ...
. The crown, and
Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
s like
Sir Thomas More Sir Thomas More (7 February 1478 – 6 July 1535), venerated in the Catholic Church as Saint Thomas More, was an English lawyer, judge, social philosopher, author, statesman, theologian, and noted Renaissance humanist. He also served Henry V ...
, had opposed this to some extent, with a series of Anti-
Enclosure Enclosure or inclosure is a term, used in English landownership, that refers to the appropriation of "waste" or "common land", enclosing it, and by doing so depriving commoners of their traditional rights of access and usage. Agreements to enc ...
Acts from 1489. 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 1568, and people who had less than four acres of land were prohibited from building homes by the
Erection of Cottages Act 1588 The Erection of Cottages Act 1588 (31 Eliz. 1. c. 7) was an Act of Parliament (United Kingdom), act of the Parliament of England that prohibited the construction—in most parts of England—of any dwelling that did not have at least assigned t ...
. The final, formal end of feudal land tenure in England came only after the
English Civil War The English Civil War or Great Rebellion was a series of civil wars and political machinations between Cavaliers, Royalists and Roundhead, Parliamentarians in the Kingdom of England from 1642 to 1651. Part of the wider 1639 to 1653 Wars of th ...
. When the monarchy was
restored ''Restored'' is the fourth studio album by American contemporary Christian musician Jeremy Camp. It was released on November 16, 2004, by BEC Recordings. Track listing Standard release Enhanced edition Deluxe gold edition Standard Aus ...
Parliament ensured with the
Tenures Abolition Act 1660 The Tenures Abolition Act 1660 ( 12 Cha. 2. c. 24), sometimes known as the Statute of Tenures, was an act of the Parliament of England which changed the nature of several types of feudal land tenure in England. The long title of the act was ' ...
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 Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
and equity. The courts of common law (the Court of Common Pleas and the Court of the King's Bench) took a strict approach to the rules of title to land, and how many people could have legal interests in land. 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 The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
, whose office grew into a court. During the
crusades The Crusades were a series of religious wars initiated, supported, and at times directed by the Papacy during the Middle Ages. The most prominent of these were the campaigns to the Holy Land aimed at reclaiming Jerusalem and its surrounding t ...
, 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 The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
, and his
Court of Chancery The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the Common law#History, common law. The Chancery had jurisdiction over ...
determined that the true "use" or "benefit" of the land did not belong to the person on the title (or the
feoffee Under the feudal system in England, a feoffee () is a trustee who holds a fief (or "fee"), that is to say an estate in land, for the use of a beneficial owner. The term is more fully stated as a feoffee to uses of the beneficial owner. The use ...
who held
seisin Seisin (or seizin) is a legal concept that denotes the right to legal possession of a thing, usually a fiefdom, fee, or an estate in land. It is similar, but legally separate from the idea of ownership. The term is traditionally used in the context ...
). 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. This recognition of a split in English law, between legal and equitable owner, between someone who controlled title and another for whose benefit the land would be used, was the beginning of
trust law A trust is a legal relationship in which the owner of property, or any transferable right, gives it to another to manage and use solely for the benefit of a designated person. In the English common law, the party who entrusts the property is k ...
. It was similarly useful among
Franciscan The Franciscans are a group of related organizations in the Catholic Church, founded or inspired by the Italian saint Francis of Assisi. They include three independent Religious institute, religious orders for men (the Order of Friars Minor bei ...
friars, who would transfer title of land to others as they were precluded from holding property by their vows of poverty. Uses or trusts were also employed to avoid the payment of feudal dues. 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 Escheat () is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied t ...
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 Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is known for his six marriages and his efforts to have his first marriage (to Catherine of Aragon) annulled. His disagreement w ...
saw that this deprived the Crown of revenue, and so in the Statute of Uses 1535 he attempted to prohibit them, stipulating all land belonged in fact to the '' cestui que use''. However, when Henry VIII was gone, the Court of Chancery held that it had no application where land was leased. Moreover, the primacy of equity over the common law was reasserted, supported by King James I in 1615, in the '' Earl of Oxford's case''. The institution of the use continued, as new sources of revenue from the mercantile exploits in the
New World The term "New World" is used to describe the majority of lands of Earth's Western Hemisphere, particularly the Americas, and sometimes Oceania."America." ''The Oxford Companion to the English Language'' (). McArthur, Tom, ed., 1992. New York: ...
decreased the Crown's reliance on feudal dues. By the early 18th century, the use had formalised into a trust: 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. 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 1673–1682), Lord King (1725–1733),
Lord Hardwicke Philip Yorke, 1st Earl of Hardwicke, (1 December 16906 March 1764) was an England, English lawyer and politician who served as Lord High Chancellor of Great Britain. He was a close confidant of the Duke of Newcastle, Prime Minister between 1 ...
(1737–1756), Lord Henley (1757–1766), and Lord Eldon (1801–1827). As national and global trade expanded, the power of a new monied class of business men was growing, and the economic and political importance of land was diminishing with it. The moral philosopher and father of economics,
Adam Smith Adam Smith (baptised 1723 – 17 July 1790) was a Scottish economist and philosopher who was a pioneer in the field of political economy and key figure during the Scottish Enlightenment. Seen by some as the "father of economics"——— or ...
, reflected these changes as he argued in ''
The Wealth of Nations ''An Inquiry into the Nature and Causes of the Wealth of Nations'', usually referred to by its shortened title ''The Wealth of Nations'', is a book by the Scottish people, Scottish economist and moral philosophy, moral philosopher Adam Smith; ...
'' that landowners position allowed them to extract rents from others in return for very little. In the 19th century, a growing liberal movement for reform produced three major results. First, there was increasing pressure to dismantle the privileges of the landed aristocracy. The most direct reform was to gradually abolition the " strict settlement", through the Settled Land Acts of 1882–1925. An owner of land could direct that property on his death would only pass down the line of his relations, thus preventing it being sold to anyone on the market. This also 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 1875 introduced a voluntary system, but it was not taken up. After the
1906 general election The following elections occurred in the year 1906. Asia * 1906 Persian legislative election Europe * 1906 Belgian general election * 1906 Croatian parliamentary election * Denmark ** 1906 Danish Folketing election ** 1906 Danish Landsting e ...
the new Chancellor of the Exchequer,
David Lloyd George David Lloyd George, 1st Earl Lloyd-George of Dwyfor (17 January 1863 – 26 March 1945) was Prime Minister of the United Kingdom from 1916 to 1922. A Liberal Party (United Kingdom), Liberal Party politician from Wales, he was known for leadi ...
, in his
People's Budget The 1909/1910 People's Budget was a proposal of the Liberal government that introduced unprecedented taxes on the lands and incomes of Britain's wealthy to fund new social welfare programmes, such as non-contributary old age pensions under Ol ...
of 1909 introduced a tax on land to force it onto the market. This provoked a constitutional crisis, as the hereditary
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
vetoed it, forcing fresh elections. But the Liberal government was returned and it abolished the Lords right of veto in the
Parliament Act 1911 The Parliament Act 1911 ( 1 & 2 Geo. 5. c. 13) is an act of the Parliament of the United Kingdom. It is constitutionally important and partly governs the relationship between the House of Commons and the House of Lords, the two Houses of Parl ...
. By then, land registration reforms were a minor political issue and only really opposed by solicitors who earned sizeable conveyancing fees. Eventually, the
Land Registration Act 1925 The Land Registration Act 1925 ( 15 & 16 Geo. 5. c. 21) was an act of Parliament in the United Kingdom that codified, prioritised and extended the system of land registration in England and Wales. It has largely been repealed, and updated in the ...
required any dealing with property triggered compulsory registration. Second, the
Court of Chancery The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the Common law#History, common law. The Chancery had jurisdiction over ...
, 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 Charles John Huffam Dickens (; 7 February 1812 – 9 June 1870) was an English novelist, journalist, short story writer and Social criticism, social critic. He created some of literature's best-known fictional characters, and is regarded by ...
' ''
Bleak House ''Bleak House'' is a novel by English author Charles Dickens, first published as a 20-episode Serial (literature), serial between 12 March 1852 and 12 September 1853. The novel has many characters and several subplots, and is told partly by th ...
'' and his fictional case of '' Jarndyce v Jarndyce'', a Chancery matter that nobody understood and dragged on for years and years. Largely this was because there were only two judges administering equitable principles, so from 1873 to 1875, the common law and equity courts were merged into one hierarchy. Under the
Supreme Court of Judicature Act 1875 Supreme may refer to: Entertainment * Supreme (character), a comic book superhero created by Rob Liefeld * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * ...
, 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 1832 The Representation of the People Act 1832 (also known as the Reform Act 1832, Great Reform Act or First Reform Act) was an act of the Parliament of the United Kingdom (indexed as 2 & 3 Will. 4. c. 45), enacted by the Whig government of Pri ...
, to the
Reform Act 1867 The Representation of the People Act 1867 ( 30 & 31 Vict. c. 102), known as the Reform Act 1867 or the Second Reform Act, is an act of the British Parliament that enfranchised part of the urban male working class in England and Wales for the ...
, and the
Representation of the People Act 1918 The Representation of the People Act 1918 ( 7 & 8 Geo. 5. c. 64) was an act of Parliament passed to reform the electoral system in Great Britain and Ireland. It is sometimes known as the Fourth Reform Act. The act extended the franchise in pa ...
, the connection between property and the vote was gradually reduced and then abolished. Together with the
Parliament Act 1911 The Parliament Act 1911 ( 1 & 2 Geo. 5. c. 13) is an act of the Parliament of the United Kingdom. It is constitutionally important and partly governs the relationship between the House of Commons and the House of Lords, the two Houses of Parl ...
, a more democratic constitution had emerged, though it was only in 1928 that the voting age for men and women became equal and only in 1948 that the double votes and extra constituencies for students of the Universities of Oxford, Cambridge and London were removed. By the end of the First World War, the power of the old landed aristocracy had largely been broken. Over the twentieth century, land law became increasingly social in character. First, from the Housing Act 1919 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 Rent regulation is a system of laws for the rental market of dwellings, with controversial effects on affordability of housing and tenancies. Generally, a system of rent regulation involves: *Price controls, limits on the rent that a landlord ...
, a break on unfettered " freedom of contract". The policy was halted by the Housing Act 1980, which sought to privatise properties by introducing a "
right to buy The Right to Buy scheme is a policy in the United Kingdom, with the exception of Scotland since 1 August 2016 and Wales from 26 January 2019, which gives Secure tenancy, secure tenants of Council house, councils and some housing associations the N ...
" one's council home. At the same time, rights for tenants, and constraints on rental increases were reduced, albeit that tenants did retain some minima of rights, for example under the Landlord and Tenant Act 1985 and the Protection from Eviction Act 1977. 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 trust A real estate investment trust (REIT, pronounced "reet") is a company that owns, and in most cases operates, income-producing real estate. REITs own many types of real estate, including office and apartment buildings, studios, warehouses, hos ...
s. 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 Gender equality, also known as sexual equality, gender egalitarianism, or equality of the sexes, is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making, an ...
, women as much as men contributed to the purchase of homes, as well as contributing to raising families and children. In 1970, in '' Pettitt v Pettitt'',
Lord Diplock William John Kenneth Diplock, Baron Diplock, (8 December 1907 – 14 October 1985) was a British barrister and judge who served as a lord of appeal in ordinary between 1968 and until his death in 1985. Appointed to the English High Court in ...
remarked that "the wider employment of married women in industry, commerce and the professions and the emergence of a property-owning, particularly a real-property-mortgaged-to-a-building-society-owning, democracy" had compelled courts to acknowledge contributions to the home and family life as potentially generating proprietary interests. However, if banks sought to repossess homes from people who had defaulted on mortgage repayments, the courts were faced with a choice of whether to prefer those economic interests over social values. The membership of the United Kingdom in the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
meant that article 8, on the right to a private and family life, could change the freedom of banks or landlords to evict people, particularly where children's stability and upbringing were at stake, though by the early twenty-first century the case law had remained cautious. Third, land use in general was subject to a comprehensive regulatory framework. The old common laws between neighbours, of easements, covenants, nuisance and trespass were largely eclipsed by locally and democratically determined planning laws, environmental regulation, and a framework for use of agricultural resources.


Property rights and registration

English land law draws on three main sources to determine property rights: the
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
and equitable principles developed by the courts, a system of land registration and a continuing system for unregistered land. First of all, the courts of
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
and equity gave people with "property" rights various privileges over people who acquired mere "personal" rights. To acquire
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, re ...
over land (as with any other object of value), as opposed to a contract, for example, to use it, a buyer and seller simply needed to agree that property would be passed. The law then recognised a "property" right with various privileges over people with purely "personal" claims. The best form of property would involve exclusive possession, and it usually bound anyone who attempted to interfere with an owner's use, particularly in cases of
insolvency In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet i ...
, if other people with interests in the land sold their stake to a third party, or in getting remedies to enforce one's right. Before 1925, property rights in land (unlike, for example, a company's shares) only had to be evidenced in paper title deeds. It was therefore believed that a system of
land registration Land registration is any of various systems by which matters concerning ownership, Possession (law), possession, or other rights in Real estate, land are formally recorded (usually with a government agency or department) to provide evidence of ti ...
was desirable, so that people's rights over land would be certain, and
conveyancing In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. A typical conveyancing transaction has two major phases: the exchange of contract ...
would be simpler and cheaper. So, the second system of land began with the
Land Registration Act 1925 The Land Registration Act 1925 ( 15 & 16 Geo. 5. c. 21) was an act of Parliament in the United Kingdom that codified, prioritised and extended the system of land registration in England and Wales. It has largely been repealed, and updated in the ...
, and the rules were recast in the
Land Registration Act 2002 The Land Registration Act 2002 (c. 9) is an act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though ...
. Instead of paper title deeds determining people's property rights in land, the entries in the registry were the source that determine people's property rights. However, many property rights were never expected to be registered, particularly the social claims that people had on family homes, or short leases. Furthermore, not all land had to be registered. Only when formal transactions with land took place did registration become a compulsory. This meant that by 2013, 88 per cent of land or 126,000 square kilometres was registered with
HM Land Registry His Majesty's Land Registry is a non-ministerial department of His Majesty's Government, created in 1862 to register the ownership of land and property in England and Wales. It reports to the Ministry of Housing, Communities and Local Governme ...
. But a third system of land regulation remained for the 12 per cent of unregistered land. Though somewhat amended by legislation, this system for determining property rights and disputes remained much like the old common law and equity.


Real property

Land law is also known as the law of real property. It relates to the acquisition, protection and conflicts of people's rights, legal and equitable, in land. This means three main things. First, "property rights" (in Latin, a right ''
in rem In law, ''in rem'' jurisdiction ( Law Latin for "power about or against 'the thing) is a legal term referring to the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not ...
'') are generally said to bind third parties, whereas personal rights (a right ''
in personam ''In personam'' is a Latin phrase meaning "against a particular person". In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint (in England & Wales known as Particulars of Claim (CP ...
'') are exercisable only against the person who owes an obligation. English law acknowledges a fixed number, or ''
numerus clausus ''Numerus clausus'' ("closed number" in Latin) is one of many methods used to limit the number of students who may study at a university. In many cases, the goal of the ''numerus clausus'' is simply to limit the number of students to the maximu ...
'' of property rights, which create various privileges. The main situations where this distinction matters are if a debtor to two or more creditors has gone
insolvent In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet in ...
(i.e. bankrupt), or if there is a dispute over possession of a specific thing. If a person or a business has gone insolvent, and has things in their possession which are the property of others', then those people can usually take back their property free of anyone else's claims. But if an insolvent person's creditors are merely owed personal debts, they cannot take back their money freely: any losses have to be divided among all creditors. Often, creditors can contract for a proprietary right (known as a
security interest In finance, a security interest is a legal right granted by a debtor to a creditor over the debtor's property (usually referred to as the '' collateral'') which enables the creditor to have recourse to the property if the debtor defaults in m ...
) to secure repayment of debts. This gives the same result as having another proprietary right, so the secured creditor takes priority in the insolvency queue. Secured creditors, most usually, are banks and for most people the most familiar kind of security interest is a mortgage. In this way, property rights area always "stronger" than personal rights, even though they may be acquired by the same means: a contract. Most of the time, property rights are also stronger than personal because English courts have been historically more willing to order
specific performance Specific performance is an equitable remedy in the law of contract, in which a court issues an order requiring a party to perform a specific act, such as to complete performance of a contract. It is typically available in the sale of land law, b ...
as a remedy for interference with property rights. People with personal rights, such as to the performance of a
contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
, are presumptively entitled to money in compensation, unless damages would be an inadequate remedy. In its second main feature, English land law differs from civil law systems in the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
, because it allows the separation of the "beneficial" ownership of property from legal title to property. If there is a "trust" of land, then trustees hold legal title, while the benefit, use and "equitable" title might belong to many other people. Legal title to real property can only be acquired in a limited number of formal ways, while equitable title can be recognised because of a person's contribution, or the parties' true intentions, or some other reason, if the law deems that it is fair and just (i.e. equitable) to recognise that someone else has a stake in the land. The third main feature of the English law of real property is that "real" property (or "realty") means land, and the things that goes with it, alone. This is classified as different from movables or other types of "personal" property (or "personalty"). The distinction matters mainly to define the scope of the subject matter, because there are different registration requirements, taxes, and other regulations for land's use. The technical definition of "land" encompasses slightly more than in the word's common use. Under the
Law of Property Act 1925 The Law of Property Act 1925 ( 15 & 16 Geo. 5. c. 20) is an act of the Parliament of the United Kingdom. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The progr ...
, section 205(1)(ix) says land means "land of any
tenure Tenure is a type of academic appointment that protects its holder from being fired or laid off except for cause, or under extraordinary circumstances such as financial exigency or program discontinuation. Academic tenure originated in the United ...
, mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other
hereditament In common law, a hereditament (from Latin ''hereditare'', to inherit, from ''heres'', heir) is any kind of property that can be inherited. Hereditaments are divided into corporeal and incorporeal. Corporeal hereditaments are "such as affect the se ...
s; also a manor,
advowson Advowson () or patronage is the right in English law of a patron (avowee) to present to the diocesan bishop (or in some cases the ordinary if not the same person) a nominee for appointment to a vacant ecclesiastical benefice or church living, a ...
, and a rent and other incorporeal hereditaments, and an
easement An easement is a Nonpossessory interest in land, nonpossessory right to use or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B" ...
, right, privilege or benefit in, over, or derived from land..." This cumbersome definition indicates two general ideas. First, land includes physical things attached to it (e.g. buildings and "hereditaments") and, second, intangible rights (like an
easement An easement is a Nonpossessory interest in land, nonpossessory right to use or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B" ...
, a right of way). Perhaps in aspiration of appearing scientific, lawyers have become accustomed to describing property in land as being " four dimensional". The two dimensional area of land surface, bounded by a fence, is complemented by rights over all buildings and "fixtures". This becomes most relevant in disputes after a contract to sell land, when a buyer alleges a thing was included in a sale, but a contract was silent on the specifics. In '' Holland v Hodgson'' Blackburn J held that looms installed in a factory formed part of the land. Objects resting on the ground and "attached" only by gravity will not normally be part of the land, although it could be that the parties "intended" something different, or rather what the parties' reasonable expectations were. Easily removable things, like carpets and curtains, or houseboats, will not be land, but less easily removed things, like taps and plugs are. In the third dimension, as section 205(1)(ix) points out, mines and sub-surface things, belong to the surface owner, and up to a general limit of 500 feet, the landowner will have a right to the atmosphere above his land as well. Public policy sets the limit in both cases, so since the 16th century '' Case of Mines'' the Crown has a claim to valuable minerals or natural resources that are discovered, as well as valuable treasure. And in the other direction, aircraft or satellites that are sufficiently high are not considered to
trespass Trespass is an area of tort law broadly divided into three groups: trespass to the person (see below), trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery ...
, or infringe an owner's right to peaceful enjoyment. The fourth dimension of land to an English property lawyer, is time. Since 1925 English law recognises two " estates" in land, or kinds of ownership interest: the "
fee simple In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., pe ...
", which is a right to use for an unlimited time, and a "lease", which is an interest for a fixed period of time. In all situations, however, use of the land is constrained by agreements or binding rights with neighbours, and the requirements of the local council and government.


Land registration and priority

Because land can serve multiple uses, for many people, and because its fixed nature means that its owner may not always be visible, a system of registration came to be seen as essential at the start of the 20th century. From the Land Registry Act 1862 which created a body where people could voluntarily register, a succession of government reports and piecemeal reform finally culminated in a unified, compulsory registration system with the
Land Registration Act 1925 The Land Registration Act 1925 ( 15 & 16 Geo. 5. c. 21) was an act of Parliament in the United Kingdom that codified, prioritised and extended the system of land registration in England and Wales. It has largely been repealed, and updated in the ...
. Its proponents argued that a registration system would increase land's marketability, and make its transfer as fluid as the registration system of company shares. Theodore Ruoff, Chief Registrar from 1963, said the main three functions the register served was (1) to mirror ownership interests in land (2) to curtain off minor, or equitable interests that could be bypassed (or "overreached") in the land conveyance business, and (3) to provide insurance through Registrar funds to anyone who lost property as a result of register defects. The ideal goal was thus to ensure that a comprehensive set of people whose interests had priority in a given real estate would be reflected on the register. With the
Land Registration Act 2002 The Land Registration Act 2002 (c. 9) is an act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though ...
, which recast the old law, the Registry has focused on "e-conveyancing". Under sections 91 to 95, electronic registration counts as deeds, and aims to replace the paper filing for the 21st century. However, reflecting the social use of land, the priority system of land registration and the Register's record of all interests in land has made significant exceptions for informal methods of acquiring rights, and especially equitable interests, in land. Under the
Land Registration Act 2002 The Land Registration Act 2002 (c. 9) is an act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though ...
sections 27 to 30, an interest in land that is registered (for instance, freehold ownership, a long
lease A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial ...
, or a mortgage) will take priority to all other interests that come later, or are not entered on the register. The first registered interest in time prevails. Yet under LRA 2002 Schedule 3, a series of exceptions, or "overriding interests" are listed. Under Schedule 3, paragraph 1, any lease that is less than seven years need not be registered, and will still bind other parties. The reason is to strike a balance between an owner who may well keep hold of land for a long period, and a person who may be renting as a home. Most socially significant, under Schedule 3, paragraph 2 (formerly
Land Registration Act 1925 The Land Registration Act 1925 ( 15 & 16 Geo. 5. c. 21) was an act of Parliament in the United Kingdom that codified, prioritised and extended the system of land registration in England and Wales. It has largely been repealed, and updated in the ...
s 70(1)(g)), the interest of a person who is in "actual occupation" need not be entered on the register, but will still bind later registered interests. This rule was said to be necessary to prevent the social right to a home being "lost in the welter of registration". It is most used in favour of people, typically a spouse in a family home whose name is not on the title deeds, who have not registered an interest because the law has recognised they have acquired a right, not through a formal, or express contract, or gift – but by their contributions, or their reliance on another person's assurances. If such a person is in "actual occupation", then their informally acquired interest (usually through "
constructive trust In trust law, a constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess ...
", which recognises their contributions of money or work toward family life) will bind parties who acquire interests later on. In a leading case, '' Williams & Glyn's Bank v Boland'' Mr Boland had had trouble repaying his bank for a loan he used on his building company. The loan was secured on his
Beddington Beddington is a suburban settlement in the London Borough of Sutton on the boundary with the London Borough of Croydon. Beddington is formed from a village of the same name which until early the 20th century still included land which became ...
house, where he lived with Mrs Boland. However, Mrs Boland had not consented to the mortgage agreement. She was not registered on the home's title deeds, but she had made significant financial contributions to the home. Despite Templeman J at first instance saying Mrs Boland only occupied the house through her husband, the Court of Appeal, and the House of Lords both agreed that Mrs Boland actually did occupy her home, and that her interest bound the bank. Later cases have shown the test for actual occupation must be purposively, and liberally determined, according to the claimant's social circumstance. So in '' Chhokar v Chhokar'' a lady who had been beaten and attacked by her estranged husband's friends to scare her from her
Southall Southall () is a large suburban town in West London, England, part of the London Borough of Ealing and is one of its seven major towns. It is situated west of Charing Cross and had a population of 69,857 as of 2011. It is generally divided ...
home, and who was at the time of her home being registered in hospital having Mr Chhokar's child, was still in actual occupation. This meant that because she had contributed to the home's purchase price, she was entitled to stay. Her interest bound, and took priority to, later registered interests. Under LRA 2002 Schedule 3, paragraph 2, only if a person is asked about their interest, and they say nothing, or if it is not obvious on a reasonably careful inspection, would a person in actual occupation lose to a registered party. It has also been held that someone who occupies a house and has an interest in the home might have impliedly consented to taking subject to another party's later interest. In both '' Bristol & West Building Society v Henning'' and '' Abbey National Building Society v Cann'' a couple purchased a home with the assistance of a loan from a building society, which was secured by mortgage on the property. In both cases the court held that because the buyers could not have got the house without the loan, there had been tacit consent by all to the bank taking priority, and no gap in time before registration when the spouse could have been said to be in prior actual occupancy. Originally to facilitate transfers of land, the
Law of Property Act 1925 The Law of Property Act 1925 ( 15 & 16 Geo. 5. c. 20) is an act of the Parliament of the United Kingdom. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The progr ...
sections 2 and 27 make provision so that people with equitable interests in land may not assert them against purchasers of the land if there are two trustees. If a person has an equitable interest in a property, the law allows this interest to be detached from the property, or "overreached" and reattached to money given in exchange for land, so long as the exchange took place by at least two trustees. This was, however, applied not for the purpose of trading property by professional trustees, but against homeowners in '' City of London Building Society v Flegg''. Here two parents, Mr and Mrs Flegg, had given their home to their children, who in turn mortgaged the property and defaulted on the loan. The House of Lords held that because the words of the statute were fulfilled, and the purchase money for the interest in the property (i.e. the loan that the children squandered) had been paid to two trustees, the Fleggs had to give up possession. Lastly, it is possible to lose an interest in land if unregistered through adverse possession by another person after 12 years under the Limitation Act 1980 sections 15 to 17. Ownership of registered property can be lost if an adverse possessor (a squatter) can prove unauthorized, exclusive, and continuous usage of the property for ten years, but LRA 2002 does impose a further burden: the Land Registry will contact interested parties who can then delay the process for two years and attempt a legal eviction via a trespass charge. Consequently, potential adverse possessors might be best advised to avoid making the application until the owner is untraceable.


Unregistered land

In 2013, because registration of title was never made compulsory ''per se'', 18 per cent of land in England and Wales remained unregistered. The absence of compulsion was probably a result of political compromise, while a powerful landed aristocracy remained heavily opposed to any transparency over the extent of their wealth. Only if a transaction identified in the
Land Registration Act 2002 The Land Registration Act 2002 (c. 9) is an act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though ...
section 4 took place, as under the LRA 1925, would the land be compulsorily entered on the register. This included any sale, mortgage, or lease over seven years. However it still does not include a transfer by operation of law, and that means land can be inherited, or kept within the family, and never need be registered unless the Lord Chancellor amends section 4 by order. It means that to find the "root of title" to unregistered property, and the various rights that others might have such as easements or covenants, it is necessary to seek out the relevant bundle of deeds, going back at least 15 years. If unregistered property is being sold on, registration would be triggered, but a final search of title deeds would still be necessary. The first basic principle was that all legal property rights bound everyone, whether or not anybody knew about them. These would usually be in the deeds that were kept, though small interests like a lease of under three years would not because of its exemption from formality, as with registered land. The second principle was that equitable proprietary rights bound everyone except a ''bona fide'' purchaser of the legal estate without any notice of the equitable interest (also known as Equity's Darling). Being a ''bona fide'' purchaser was an "absolute, unqualified, unanswerable defence", so that the person with an equitable interest would only have an enforceable right against the traceable assets received in return for the land. Being a purchaser for value meant not receiving the property as a gift, and ''bona fide'' meant acting in
good faith In human interactions, good faith () is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case with , which i ...
. In turn, good faith largely meant the same thing as buying the land without having any actual notice, and it not being reasonable to have known, about another person's equitable interest. According to the
Law of Property Act 1925 The Law of Property Act 1925 ( 15 & 16 Geo. 5. c. 20) is an act of the Parliament of the United Kingdom. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The progr ...
section 199, and cases through the courts, buyers of land would be bound by prior equitable interests if the interest "would have come to his knowledge if such inquiries and inspections had been made as ought reasonably to have been made". So for example, in '' Kingsnorth Finance Co Ltd v Tizard'', it was held that clothes of a divorcee being present in a home bound a bank's agent who inspected a property with notice of her equitable interest. The general scheme of the law was to do everything possible to ensure that people were not deprived of their stakes in their homes without their fully informed and true consent, yet it stopped short of simply determining that equitable rights were always binding. On top of these basic rules, the Land Charges Act 1972, following its
1925 Events January * January 1 – The Syrian Federation is officially dissolved, the State of Aleppo and the State of Damascus having been replaced by the State of Syria (1925–1930), State of Syria. * January 3 – Benito Mussolini m ...
predecessor, required that some kinds of charges had to be entered on another special register of charges for unregistered land. According to section 2, a puisne mortgage (a second or third mortgage created after a property is already mortgaged) had to be registered before it would be binding, even though it had previously counted as a legal property right. The other important kinds of charge that had to be registered are restrictive covenants and equitable easements, a right from the
Family Law Act 1996 The Family Law Act 1996 (c. 27) is an act of Parliament of the United Kingdom governing divorce law and marriage. The law intends to modernise divorce and to shift slightly towards "no fault" divorce from the fault-based approach of the Matrimon ...
Part IV, and an "estate contract" (i.e. either a future right to buy a property, or an option to buy). Without registration, those charges would be void, but once registered those charges would bind everyone. The registration would go against the name of the title holder, although this was sometimes prone to confusion if people occasionally used different names (e.g. Francis or Frank). If an official search of the register did not reveal any titles, then the purchaser would gain good legal rights. One glaring injustice, however, was that the House of Lords held the registration rules to be strict. In '' Midland Bank Trust Co Ltd v Green'', Walter Green gave his son, Geoffrey an option to buy the property, but did not register it. Then Walter changed his mind, and knowing that Geoffrey had not registered this estate contract, he transferred the property to his wife, Evelyne, for £500 to defeat the agreement. Although the purchaser had actual notice of Geoffrey's equitable interest, it did not matter because it was not registered. In another example, it was held in '' Lloyds Bank v Carrick'' that a person in actual occupation of a home, who had an unregistered right to buy the home, could not claim an over-riding interest (as would have been possible in registered land) because the only source of the interest was the estate contract, and without registration this was void. The anomalies of the system were always acknowledged, and so it was simply hoped that unregistered land would dwindle away. The solution, perhaps simpler, of passing legislation requiring everything was compulsorily registered was not yet taken.


Human rights

Although the
United Kingdom constitutional law The United Kingdom constitutional law concerns the governance of the United Kingdom of Great Britain and Northern Ireland. With the oldest continuous political system on Earth, the British constitution is not contained in a single code but princ ...
formally follows the idea of
Parliamentary sovereignty Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over al ...
, following the Second World War the UK joined the United Nations, it subscribed to the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
(which was largely written by UK civil servants), and in 1972 it joined the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
then left in 2020. In all three international organisations, the constitutional traditions of other member states gave courts a greater role in adjudicating on whether legislation complied with human rights. With the
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the ...
, the UK resolved to give its courts power to review legislation's compliance with the ECHR jurisprudence, primarily as a way of saving litigants the cost of exhausting the domestic court system and then appealing to
Strasbourg Strasbourg ( , ; ; ) is the Prefectures in France, prefecture and largest city of the Grand Est Regions of France, region of Geography of France, eastern France, in the historic region of Alsace. It is the prefecture of the Bas-Rhin Departmen ...
. The ECHR was relevant for land law mostly because of the right to a privacy and family life under ECHR article 8, and the right to peaceful enjoyment of possessions under ECHR Protocol 1, article 1 are concerned. In the first cases under ECHR article 8, challenges were brought by tenants who had been evicted from their homes by local authorities. Against the arguments of claimants that their evictions were disproportionate responses and infringed their rights to a family or home life, the UK courts initially denied that UK property legislation would ever be incompatible with the Convention. However, in '' Manchester CC v Pinnock'', after a number of cases in the European Court of Human Rights suggested otherwise, the UK Supreme Court accepted that courts must have the inherent jurisdiction to assess whether an infringement of one's right to a home life if someone is evicted is proportionate and justifiable. On the case's facts, it was held that Mr Pinnock's eviction for the anti-social behaviour of his sons was proportionate. Although he was a pensioner, the complaints had been serious and long lasting. The cases under Protocol 1, article 1, primarily turn on the question of compulsory acquisition of property by the government. The Strasbourg courts distinguish between deprivation of property by actual acquisition, and limitation of the use of land by an owner through regulation, for instance of the environment.


Acquiring land

While the establishment of the land law in England happened by
invasion An invasion is a Offensive (military), military offensive of combatants of one geopolitics, geopolitical Legal entity, entity, usually in large numbers, entering territory (country subdivision), territory controlled by another similar entity, ...
,
conquest Conquest involves the annexation or control of another entity's territory through war or Coercion (international relations), coercion. Historically, conquests occurred frequently in the international system, and there were limited normative or ...
, enclosure and
force In physics, a force is an influence that can cause an Physical object, object to change its velocity unless counterbalanced by other forces. In mechanics, force makes ideas like 'pushing' or 'pulling' mathematically precise. Because the Magnitu ...
, over the 20th century as a whole there was an increasing distribution of property ownership. The great driver for increasing distribution of land, and the British realisation of the
right to housing The right to housing (occasionally right to shelter) is the economic, social and cultural right to adequate house, housing and shelter (building), shelter. It is recognized in some Economic, social and cultural rights#National constitutions, nat ...
, was public regulation of rental prices (so being a landlord was less profitable than selling) and publicly financed construction of housing. Otherwise there have been four other methods for acquiring rights in land, which operate within the paradigm of markets and
private property Private property is a legal designation for the ownership of property by non-governmental Capacity (law), legal entities. Private property is distinguishable from public property, which is owned by a state entity, and from Collective ownership ...
. The first is through a
consent Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions used in such fields as the law, medicine, research, and sexual consent. Consent as understood i ...
based obligation. This could be through a gift, or similarly the settlement of a trust, so that a trustee holds property for the benefit of another. Most normally land will be transferred through an agreement by
contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
. In all cases, to complete a transfer, a person's interest should be registered to be fully protected. However, the law recognises people's interests in land even though they have not been acquired in a formal way. The second main way to acquire rights in land is through resulting or constructive trust, recognised by the court. In the context of land, and particularly family homes, this will usually be to acknowledge the contribution someone has made to a home, financial or otherwise. Third, the courts acknowledge people have acquired land when they have been given an assurance, on which they have reasonably placed reliance, and the result would be detrimental if their interests were not recognised. This
proprietary estoppel Proprietary estoppel is a legal claim, especially connected to English land law, which may arise in relation to rights to use the property of the owner. It may even be effective in connection with disputed transfers of ownership. Proprietary esto ...
claim is a way for people's interests to gain recognition although their dealing's with a land owner have fallen short of contract. Fourth, and the furthest departure from land acquired by a contract, English law has always recognised a claim by people who have inhabited land for long enough to have legally acquired their rights. The fact of possession, even if adverse to a previous owner, matures after 12 years into a sound legal right.


Consent, form and registration

Four main ways of acquiring land are through a gift, trust, succession and by contract, all of which involve express or at least presumed consent. In the case of an ordinary gift during a person's life, the
Law of Property Act 1925 The Law of Property Act 1925 ( 15 & 16 Geo. 5. c. 20) is an act of the Parliament of the United Kingdom. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The progr ...
section 52(1) requires a deed (itself defined in the
Law of Property (Miscellaneous Provisions) Act 1989 The Law of Property (Miscellaneous Provisions) Act 1989 (c. 34) is a United Kingdom act of Parliament, which laid down a number of significant revisions to English property law. Nature of reforms The Act introduced several distinct reforms: :* T ...
section 1) before any transfer is effective. Subsequently, a transfer must be registered. The
Land Registration Act 2002 The Land Registration Act 2002 (c. 9) is an act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though ...
section 27(2) makes registration compulsory for all transfers of land, leases over seven years and any charges. Under LRA 2002 section 27, the consequence of a failure to register one's interest is that it will not bind another person in law who is transferred the property and does register. If the transfer of land takes place through a will, the
Wills Act 1837 The Wills Act 1837 ( 7 Will. 4 & 1 Vict. c. 26) is an act of the Parliament of the United Kingdom that confirms the power of every adult to dispose of their real and personal property, whether they are the outright owner or a beneficiary under ...
section 9 requires in similar terms that the will be signed in writing and have two witnesses. The beneficiary under the will must then take steps to register the interest in land in her name. In the case of a person who dies without leaving a will, their property, including land will succeed in passing by operation of law to the next of kin, or in the case of jointly owned property in a joint tenancy, to the co-owner/s. In all situations, the requirement of formality is thought to improve the quality of people's consent. It has been reasoned, most notably by Lon Fuller, that going through the laborious motions of formality induces people to truly consider whether they wish to make a transfer. It also provides evidence of the transaction, and makes the threshold of a transaction's enforceability simple to determine. This is most seen in the case of a
contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
. If an interest in land is the subject of a contract, the law isolates three steps. First, the sale will take place, which according to LPMPA 1989 section 2 may only occur with signed writing (though by section 2(5) and Law of Property Act 1925 section 54(2) leases under 3 years can be made without). Second, technically the transfer must take place under Law of Property Act 1925 section 52(1) by a deed (though there is no reason why this cannot be combined with step 1, by using a deed for the sale!). Third, the land must be registered for the legal interest to take effect under LRA 2002 sections 27 to 30.


Resulting and constructive trusts

Although the formal steps of a contract, conveyance and registration will allow people to acquire legal interests in land, over the course of the twentieth century Parliament, and the courts, slowly recognised that many people have legitimate claims to property, even without following formalities, and even without gaining the
consent Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions used in such fields as the law, medicine, research, and sexual consent. Consent as understood i ...
of a property owner. The institution of a trust has come to play a major role, particularly in family homes, because according to the
Law of Property Act 1925 The Law of Property Act 1925 ( 15 & 16 Geo. 5. c. 20) is an act of the Parliament of the United Kingdom. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The progr ...
section 53, while declarations of express trusts require signed writing to take effect, resulting and
constructive trusts In trust law, a constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess du ...
do not. A "resulting" trust is typically recognised when a person has given property to a person without the intention to benefit that person, so the property jumps back to the person it came from. "Constructive" trusts have been recognised by English courts in about eight unrelated circumstances, whenever it is said it would be "unconscionable" that the courts did not recognise properly belonged to the claimant. In the context of family homes, these two types of trust allowed judges to recognise, from around 1970, a spouse's proprietary right in a home because of the contribution (broadly speaking) to home life. Parliament had enacted the same reform already as a part of family law. In the
Matrimonial Proceedings and Property Act 1970 The Matrimonial Proceedings and Property Act 1970 (c. 45) is an act of Parliament of the United Kingdom concerning court cases between married people. Contents The most important remaining provision is that under section 37 a court has power to ...
section 37, "where a husband or wife contributes in money or money's worth" to improve property, a court could recognise an equitable right in it, but also vary the amount to the extent it was deemed just. And under the
Matrimonial Causes Act 1973 The Matrimonial Causes Act 1973 (c. 18) is an act of the United Kingdom governing divorce law and marriage in England and Wales. Contents The act contains four parts: # Divorce, Nullity and Other Matrimonial Suits # Financial Relief for Part ...
section 24, a court was empowered in divorce proceedings to vary the property rights of the parties, especially for the benefit of children, to the extent that was just. In the
Civil Partnership Act 2004 The Civil Partnership Act 2004 (c. 33) is an Act of the Parliament of the United Kingdom, introduced by the Labour government, which grants civil partnerships in the United Kingdom the rights and responsibilities very similar to those in civil ...
sections 65 to 72 and Schedules 5–7 achieved the same for civil partners. However, for cohabiting couples, with or without children, who are not married or civil partners, only the common law was available to make a claim, and it has been slow to reach a position achieved for married couples under statute. In '' Gissing v Gissing'', a case before the passage of the
family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriag ...
statutes, a married couple had lived, worked and had a child together from 1935 to 1961 when the relationship broke down on his
adultery Adultery is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept ...
. Mr Gissing had paid mortgage instalments and the property was in his name, although Mrs Gissing had made some home improvements.
Lord Denning MR Alfred Thompson Denning, Baron Denning, (23 January 1899 – 5 March 1999), was an English barrister and judge. He was called to the Bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he w ...
in the Court of Appeal held that because they had continued life as a joint venture, even though she had made no quantifiable money contribution, nevertheless Mrs Gissing would have a half share in the property under a constructive trust. The House of Lords reversed this decision, arguing that no "common intention" could be found, as was said to be needed, for her to share in the home's equity. Despite this, some cases creatively allowed for a constructive trust on the basis of "common intention" if unusual conduct was arguably evidence of wanting to share the home. In ''
Eves v Eves ''Eves v Eves'' 975EWCA Civ 3 is an English land law case, concerning constructive trusts of the family home. Facts Mr Eves bought a home and kept the legal title in his name using the proceeds of his old home and a mortgage loan. His cohabitin ...
'', the Court of Appeal (with Lord Denning MR) held that a lady who broke up a patio with a 14 lb sledgehammer must have been intended to share in the home's equity. In ''
Grant v Edwards Grant v Edwards was an English Court of Appeal case on common intention constructive trusts. It applied the decision in '' Eves v Eves'' 975and widened its effect to a 50% share in many future contributory common intention constructive trusts ...
'', the Court of Appeal allowed a claim by Ms Grant who was explicitly told by her partner, Mr Edwards, that she could not be included on the house title deeds because it could affect her chances of a divorce proceedings. This was, said the court, apparently evidence that (if Ms Grant had had no divorce proceedings) the couple must have intended to share the house together. However, then in ''
Lloyds Bank plc v Rosset is an English land law, English trusts law, trusts law and English family law, matrimonial law case. It specifically deals with the translation into money of physical contributions from a cohabitee or spouse (as regards each other), under which i ...
'' the House of Lords halted development again. Lord Bridge held that only if (1) a spouse made direct contributions to a home's purchase price, or (2) a spouse had actually reached some agreement, however uncertain, that a claim for an equitable interest would succeed. This meant that Mrs Rosset, who was not on the title deeds, had made no financial contributions, but who had done much decorating work, could not claim an equitable interest in the home where she lived. This meant that the bank was entitled to repossess the home, following a default on Mr Rosset's mortgage loan, free from her interest in actual occupation. Nevertheless, if a court did acknowledge a spouse's contribution to the home, it could "inflate" the interest to whatever size possible (as under the 1970 and 1973 Acts). So in '' Midland Bank plc v Cooke'' the Court of Appeal held that although a joint gift of £1100 to Mr and Mrs Cooke only represented 6% of the home's value, Mrs Cooke's interest could be raised to one half. This meant that Midland Bank was entitled only to half the equity value of the home after Mr Cooke defaulted on a loan with them. The most recent set of cases appear, however, to have moved further. In ''
Stack v Dowden ''Stack v Dowden'' [2007UKHL 17is a leading English property law case concerning the division of interests in family property after the breakdown of a cohabitation relationship. Facts Mr Stack and Ms Dowden were in a long-term relationship with ...
'' a couple with four children who lived together for 18 years had registered a house in both their names. However, Ms Dowden had contributed more money. She claimed that the presumption of equal ownership should be displaced and that she should therefore have a share that was greater than half, and the House of Lords agreed that she owned 65% of the beneficial interest. Although not concerning the same point, Lord Walker noted that the law since Lord Bridge's decision in ''
Lloyds Bank plc v Rosset is an English land law, English trusts law, trusts law and English family law, matrimonial law case. It specifically deals with the translation into money of physical contributions from a cohabitee or spouse (as regards each other), under which i ...
'' "has moved on", regarding the question of what matters in quantifying people's shares in a home. The majority also remarked that in family situations, constructive trusts provided more utility where the court had greater flexibility to quantify people's interests free from tangible financial contributions, and that resulting trusts were more appropriate to commercial relationships, where the quantification of a person's interest would more match financial contributions. Furthermore, in ''Kernott v Jones'', Ms Jones and Mr Kernott had had two children and were both on the registered title. However, from 1993 to 2008, Mr Kernott had moved out, and Ms Jones was raising the children, paying the mortgage and the house expenses. In TLATA 1996 section 14 proceedings, Court of Appeal upheld his claim for 50% of the property, arguing that with absolutely no evidence of any intention otherwise, it could not be the courts' role to "impute" the intentions of the parties. The Supreme Court reversed this, finding that Ms Jones did indeed own 90% of the home's equity, and this could readily be inferred from all the circumstances. In the Privy Council, in '' Abbott v Abbott'' Baroness Hale more squarely affirmed that the "parties' whole course of conduct in relation to the property must be taken into account in determining their shared intentions as to its ownership." However, it still remains unclear to what extent (and why) the law on cohabiting couples, after four decades, remains different from that for married couples under the 1970 and 1973 Acts.


Proprietary estoppel

Proprietary estoppel is the third principal mechanism to acquire rights over property, seen particularly in the case of land. Unlike a contract or gift, which depend on consent, or resulting and constructive trusts that depend primarily on the fact of contribution, a proprietary estoppel arises when a person has been given a clear assurance, it was reasonable of them to rely on the assurance, and they have acted to their detriment. This threefold pattern of proprietary estoppel (clear assurance, reasonable reliance and substantial detriment) makes it consistent with its partner in the law of obligations, "
promissory estoppel A promise is a commitment by someone to do or not do something. As a noun ''promise'' means a declaration assuring that one will or will not do something. As a verb it means to commit oneself by a promise to do or give. It can also mean a capacity ...
". Although English law has not yet recognised promissory estoppel as giving rise to a cause of action (as has been done under the American
Restatement (Second) of Contracts The Restatement (Second) of the Law of Contracts is a legal treatise from the second series of the Restatements of the Law, and seeks to inform judges and lawyers about general principles of contract common law. It is one of the best-recognized and ...
§90), in '' Cobbe v Yeoman's Row Management Ltd'' Lord Scott remarked that proprietary estoppel should be seen as a sub-species of promissory estoppel. In all cases it allows people who act on others' assurances about legal rights, even without them attaining express agreement. For example, in '' Dillwyn v Llewelyn'', a son was held to have acquired a house from his father because he was given a written notice that he would, despite never having completed a deed for conveyance, after the son spent time and money improving the property. And in '' Crabb v Arun DC'' a farmer acquired the right to a path over the council's land, because they had assured him that if he sold off one portion an access point would remain. In all cases, the minimum pattern of an assurance, reliance and some form of detriment is present. Proprietary estoppel case law has, however, divided on the question of what kind of assurance and what kind of reliance must be present. In '' Cobbe v Yeoman's Row Management Ltd'', a property developer claimed an interest in a group of
Knightsbridge Knightsbridge is a residential and retail district in central London, south of Hyde Park, London, Hyde Park. It is identified in the London Plan as one of two international retail centres in London, alongside the West End of London, West End. ...
flats after his expense in obtaining council planning permission. Mr Cobbe had made an oral agreement with the flat owner, Mrs Lisle-Mainwaring, to get the flats at £12m, but once permission was obtained, the owner broke her oral promise. Even so, in the House of Lords Mr Cobbe failed in his claim for anything more than the expense (£150,000) of getting the planning, because in this commercial context it was clear that formal deeds were needed for completion of any deal. By contrast, in ''
Thorner v Majors ''Thorner v Major'' 009UKHL 18 is an English land law case, concerning proprietary estoppel. Facts On Peter Thorner's Steart Farm, Cheddar, Somerset, Cheddar, Somerset, David Thorner, second cousin, worked for Peter for 30 years unpaid, as w ...
'', David (a second cousin) worked on Peter's farm for 30 years and believed he would inherit it. This probably was intended but after Peter fell out with other relatives, he destroyed his will, leaving David with nothing. Even though no specific assurance, and only some vague conduct indicating an assurance, was present, the House of Lords held that David had a good proprietary estoppel claim.
Lord Hoffmann Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a senior South African–British judge. Currently, he serves as a Non-Permanent Judge of the Court of Final Appeal of Hong Kong; he formerly served as a Lord of Appeal in O ...
remarked that if a reasonable person could understand, however oblique and allusive, that an assurance was given, a legal right would accrue. The tendency of the cases is therefore to recognise claims more in the domestic context, which less formal assurances are common, and less so in the commercial context, where formality is normal. A difficult issue, however, in awarding a remedy for estoppel is that unlike a
contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
it is not always apparent that a claimant should receive the full measure of what they had expected. By contrast, the factual pattern of estoppels, which often appear something very close to a contract, often seem to warrant more than an award for damages to compensate claimants for the amount of detriment, or loss, as in a
tort A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with cri ...
case. In '' Jennings v Rice'', Robert Walker LJ tackled the issue by emphasising that the purpose of the court's jurisdiction was to avoid an unconscionable result, and to ensure that a remedy was based on proportionality. Here, Mr Jennings had worked as a gardener for a Mrs Royle since the 1970s, but the administrator of her estate had no will. Mr Jennings had been told he "would be alright" and more so that "this will all be yours one day". The Court of Appeal resolved, however, that not the full estate, worth £1.285m, but only £200,000 would be awarded in view of the actual detriment incurred by Mr Jennings and the uncertainty of what his assurances really meant. In relation to third parties, the remedy for proprietary estoppel has been confirmed to bind others by the
Land Registration Act 2002 The Land Registration Act 2002 (c. 9) is an act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though ...
section 116.


Compulsory purchase

Although land may be acquired by consent, and conduct which raises another party's reasonable expectations, these private methods of acquiring land are often insufficient for adequate public regulation. Building national infrastructure, such as railways, housing, and sewerage, as well as democratically determined planning rules, either by national or local government, typically requires
compulsory purchase Compulsion, Compulsive, Compelling, or Compulsory may refer to: Psychology * Compulsive behavior, a psychological condition in which a person does a behavior compulsively, having an overwhelming feeling that they must do so. * Obsessive–compu ...
, because private owners might not give up land required for public works except at an extortionate price. Historically, compulsory purchases were carried out under the
inclosure act The inclosure acts created legal property rights to land previously held in common in England and Wales, particularly open fields and common land. Between 1604 and 1914 over 5,200 individual acts enclosing public land were passed, affecting 28,0 ...
s and their predecessors, where enclosure of common land was frequently a method of expropriating people from
common land Common land is collective land (sometimes only open to those whose nation governs the land) in which all persons have certain common rights, such as to allow their livestock to graze upon it, to collect wood, or to cut turf for fuel. A person ...
for the benefit of barons and landlords. In the
industrial revolution The Industrial Revolution, sometimes divided into the First Industrial Revolution and Second Industrial Revolution, was a transitional period of the global economy toward more widespread, efficient and stable manufacturing processes, succee ...
, most railways were built by private companies procuring compulsory purchase rights from private acts of Parliament, though by the late 19th century, powers of compulsory purchase slowly became more transparent and used for general social welfare, as with the
Public Health Act 1875 The Public Health Act 1875 ( 38 & 39 Vict. c. 55) is an act of the Parliament of the United Kingdom, one of the Public Health Acts, and a significant step in the advancement of public health in England. Its purpose was to codify previous me ...
, or the
Housing of the Working Classes Act 1885 The Housing of the Working Classes Act 1885 ( 48 & 49 Vict. c. 72) was an Act of the Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United ...
. Compulsory purchase legislation was significantly extended during World War I for military use, and after the war for housing, as certain principles became standardised. Today, the Land Compensation Act 1961 section 5 generally requires that the owner of an interest in land (e.g. a freehold, leasehold or easement as in ''
Re Ellenborough Park was an English land law case which reformulated the tests for an easement (the scope of the law of easements). It found an easement to use a communal garden to be a valid easement in law. There is no requirement for all of the houses to be imm ...
'') receives payment for the "value of the land... if sold on an open market by a willing seller". Compensation is often also available for losses to a home, or if one's business has to move. In turn the Compulsory Purchase Act 1965 set conditions for a purchase to be made, and the Acquisition of Land Act 1981 regulates the conditions for granting a "
compulsory purchase order A compulsory purchase order (CPO; , ) is a legal function in the United Kingdom and Ireland that allows certain bodies to obtain land or property without the consent of the owner. It may be enforced if a proposed development is considered one for ...
". Typically, either central government represented by a Secretary of State, or a local council will be interested in making a compulsory purchase. The authority of local councils for make purchases for specific reasons can be set out in specific legislation, such as the
Highways Act 1980 The Highways Act 1980 (c. 66) is an act of Parliament (UK), act of the Parliament of the United Kingdom dealing with the management and operation of the road network in England and Wales. It consolidated with amendments several earlier pieces ...
to build roads when strictly necessary. However the
Town and Country Planning Act 1990 The Town and Country Planning Act 1990c 8 is an act of the Parliament of the United Kingdom regulating the development of land in England and Wales. It is a central part of English land law in that it concerns town and country planning in the U ...
section 226, which allows compulsory purchase to "facilitate the carrying out of development, re-development or improvement" for the area's economic, social, or environmental well being, must be confirmed by the Secretary of State, and similarly the
Local Government Act 1972 The Local Government Act 1972 (c. 70) is an act of the Parliament of the United Kingdom that reformed local government in England and Wales on 1 April 1974. It was one of the most significant acts of Parliament to be passed by the Heath Gov ...
section 121 requires the council seek approval from the government Minister, a time-consuming process which prevents compulsory purchase being carried out without co-ordination in central government. Because of property's social importance, either for personal consumption and use or for mass production, compulsory purchase laws have met with human rights challenges. One concern is that since the 1980s privatisations, many compulsory purchase powers can be used for the benefit of private corporations whose incentives may diverge from the public interest. For example, the Water Resources Act 1991 continues to allow government bodies to order compulsory purchases of people's property, although profits go to the private shareholders of UK water companies. In ''R (Sainsbury's Supermarkets Ltd) v Wolverhampton CC'' the Supreme Court held that Wolverhampton City Council acted for an improper purpose when it took into account a promise by Tesco to redevelop another site, in determining whether to make a compulsory purchase order over a site possessed by Sainsbury's. Robert Walker, Baron Walker of Gestingthorpe, Lord Walker stressed that "powers of compulsory acquisition, especially in a "private to private" acquisition, amounts to a serious invasion of the current owner's proprietary rights." Nevertheless compulsory purchase orders have frequently been used to acquire land that is passed back to a private owner, including in ''Alliance Spring Ltd v First Secretary'' where homes in Islington were purchased to build the Emirates stadium for Arsenal Football Club. By contrast, in ''James v United Kingdom'' Gerald Grosvenor, 6th Duke of Westminster, the inherited owner of most of Mayfair and Belgravia, contended that leaseholders' right to buy had violated their right to property in ECHR Protocol 1, article 1. The European Court of Human Rights ruled that the Leasehold Reform Act 1967, which allowed tenants to purchase properties from their private landlords, was within a member state's margin of appreciation. It was competent for a member state to regulate property rights in the public interest. Another issue of whether regulatory or planning decisions in general might breach property rights has not been important for the United Kingdom. In a divided case by the US Supreme Court called ''Lucas v South Carolina Coastal Council'' a majority held that if a regulation prevented a property owner developing land (in this case to preserve coastline beaches) compensation would have to be paid. This has not been followed in most of the British Commonwealth, and in ''Grape Bay Ltd v Attorney General of Bermuda'' the Privy Council advised that a decision by a democratic legislature is better than a court to determine issues of social and economic policy in relation to property. Here, McDonald's attempted to sue Bermuda for passing legislation to prevent it opening a restaurant as a breach of "property rights" under the Bermudan constitution, which it said consisted in the expectation of being able to run a business and various contractual arrangements to that end.
Lord Hoffmann Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a senior South African–British judge. Currently, he serves as a Non-Permanent Judge of the Court of Final Appeal of Hong Kong; he formerly served as a Lord of Appeal in O ...
held that there was no such violation of property, noting that the "give and take of civil society frequently requires that the exercise of private rights should be restricted in the general public interest." The jurisprudence of the European Court of Human Rights, though not fully clear, indicates a similar approach.


Adverse possession

The most contentious method of acquiring property, albeit one that has played a huge role in the history of English land, is
adverse possession Adverse possession in common law, and the related civil law (legal system), civil law concept of usucaption (also ''acquisitive prescription'' or ''prescriptive acquisition''), are legal mechanisms under which a person who does not have title (p ...
. Historically, if someone possessed land for long enough, it was thought that this in itself justified acquisition of a good title. This meant that while English land was continually conquered, pillaged, and stolen by various factions, lords or barons throughout the middle ages, those who could show they possessed land long enough would not have their title questioned. A more modern function has been that land which is disused or neglected by an owner may be converted into another's property if continual use is made. Squatting in England has been a way for land to be efficiently utility, used, particularly in periods of economic decline. Before the
Land Registration Act 2002 The Land Registration Act 2002 (c. 9) is an act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though ...
, if a person had possessed land for 12 years, then at common law, the previous owner's right of action to eject the "adverse possessor" would expire. The common legal justification was that under the Limitation Act 1980, just like a cause of action in
contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
or
tort A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with cri ...
had to be used within a time limit, so did an action to recover land. This promoted the finality of litigation and the certainty of claims. Time would start running when someone took exclusive possession of land, or part of it, and intended to possess it adversely to the interests of the current owner. Provided the common law requirements of "possession" that was "adverse" were fulfilled, after 12 years, the owner would cease to be able to assert a claim. However, in the LRA 2002 adverse possession of registered land became much harder. The rules for unregistered land remained as before. But under the LRA 2002 Schedule 6, paragraphs 1 to 5, after 10 years the adverse possessor was entitled to apply to the registrar to become the new registered owner. The registrar would then contact the registered title holder and notify them of the application. If no proceedings were launched for two years to eject the adverse possessor, only then would the registrar transfer title. Before, a land owner could simply lose title without being aware of it or notified. This was the rule because it indicated the owner had never paid sufficient attention to how the land was in fact being used, and therefore the former owner did not deserve to keep it. Before 2002, time was seen to cure everything. The rule's function was to ensure land was used efficiently. The darker side, was that this idea was also very convenient for an age when land was often taken by force, and when doctrines like ''terra nullius'' were espoused by imperialists as justifications for colonisation in British Empire. Before the considerable hurdle of giving a registered owner notice was introduced, the particular requirements of adverse possession were reasonably straight forward. First, under Schedule 1, paragraphs 1 and 8 of the Limitation Act 1980, the time when adverse possession began was when "possession" was taken. This had to be more than something temporary or transitory, such as simply storing goods on a land for a brief period. But "possession" did not require actual occupation. So in ''Powell v McFarlane'', it was held to be "possession" when Mr Powell, from age 14, let his cows roam into Mr McFarlane's land. The second requirement, however, was that there needed to be an intention to possess the land. Mr Powell lost his claim because simply letting his cows roam was an equivocal act: it was only later that there was evidence he intended to take possession, for instance by erecting signs on the land and parking a lorry. But this had not happened long enough for the 12-year time limit on McFarlane's claim to have expired. Third, possession is not considered "adverse" if the person is there with the owner's consent. For example, in ''BP Properties Ltd v Buckler'', Dillon LJ held that Mrs Buckler could not claim adverse possession over land owned by BP because BP had told her she could stay rent free for life. Fourth, under the Limitation Act 1980 sections 29 and 30, the adverse possessor must not have acknowledged the title of the owner in any express way, or the clock starts running again. However, the courts have interpreted this requirement flexibly. In ''JA Pye (Oxford) Ltd v Graham'', Mr and Mrs Graham had been let a part of Mr Pye's land, and then the lease had expired. Mr Pye refused to renew a lease, on the basis that this might disturb getting Town and country planning in the United Kingdom, planning permission. In fact the land remained unused, Mr Pye did nothing, while the Grahams continued to retain a key to the property and used it as part of their farm. At the end of the limitation period, they claimed the land was theirs. They had in fact offered to buy a licence from Mr Pye, but the House of Lords held that this did not amount to an acknowledgement of title that would deprive them of a claim. Having lost in the UK courts, Mr Pye took the case to the European Court of Human Rights, arguing that his business should receive £10 million in compensation because it was a breach of his right under ECHR Protocol 1, article 1 to "peaceful enjoyment of possessions". The Court rejected this, holding that it was within a member state's margin of appreciation to determine the relevant property rules. Otherwise, a significant limit on the principle in the case of leases is that adverse possession actions will only succeed against the leaseholder, and not the freeholder once the lease has expired. However the main limitation remains that the 2002 legislation appears to have emasculated the principle of adverse possession, because the Registrar now effectively informs owners of the steps to be taken to stop adverse possession in its tracks.


Priority among land users

Because land and the things on it can be enjoyed by a number of people at once, the law must accommodate multiple interests in its ownership rules, and often determine whose interests have priority. When the freehold of land is owned by one person, no conflict will arise in who has priority of its use. In the Latin phrase, ''List of Latin phrases (S), sic utere tuo ut alienum non-laedas'', one may, in general, use property in any way so long as it harms nobody else. This gives the owner the sole right to bring claims in English criminal law, crime or
tort A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with cri ...
, particularly for others causing a Nuisance in English law, nuisance, or committing a Trespass in English law, trespass, against the owner's peaceful enjoyment of property. Depending on the nature of interference, an owner may also have claims for compensation against state authorities who seek to compulsorily purchase property, or state officials who wish to enter or search property. However, when more than one person is interested in real estate, rules of ownership priority are needed to determine who may bring claims. Rules must also determine the content of rights that the interested parties have among one another. First of all, land may be co-owned in two main ways. In a "joint tenancy", the law presumes owners agree that if one owner dies, his or her whole share will pass to the other owners. The case law primarily deals with the conditions under which a tenant's share will be severed to create a "tenancy in common", where there is no right to survivorship, and then under what conditions a tenant in common may require the property be sold to realise its value. Second, owners may
lease A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial ...
their property to tenants for a defined period of time. The law also recognises that owners may simply licence their property for use by others, which in theory creates only personal rights. Largely because more statutory and common law privileges attach to leases, the courts have been careful to police the boundary between the two. Third, English property law recognises the ability to charge or mortgage assets to a lender with a loan contract. This means that if the owner defaults on repayments, the lender has the security of being permitted to take possession of and to sell the property. And fourth, neighbouring property owners may create rights to use or restrict each other's use of their land through
easement An easement is a Nonpossessory interest in land, nonpossessory right to use or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B" ...
s and covenant (law), covenants. Although such things may arise by agreement, English law acknowledges their proprietary character, and so they bind successors in title.


Co-ownership and termination

While a sole owner will generally be free to use and dispose of his interest in the way he sees fit, the rules differ when land is under co-ownership. The Law of Property Acts, which aimed to improve land's transferability on the market, required that land could have a maximum of four co-owners, who must all have the same title. This means that a purchaser need only deal with a maximum of four people to buy an interest (e.g. an outright purchase, or a mortgage) in it. The
Law of Property Act 1925 The Law of Property Act 1925 ( 15 & 16 Geo. 5. c. 20) is an act of the Parliament of the United Kingdom. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The progr ...
sections 1(6) and 36(2) prohibits a divided legal title, known as a "tenancy in common". If there are more people with a co-ownership interest, then by the Law of Property Act 1925 section 34(2) the first four people named on a conveyance will be deemed by law to be trustees for the further co-owners. In effect these first four people become legal representatives for the other owners in equity. Although to simplify conveyancing the law does not, Equity (finance), equity does recognise unlimited numbers of co-owners, and owners with unequal interests (i.e. "tenants in common"). If land is traded, their interests will be considered "overreached", or effectively bought out over their heads with their interest detached from the land and reattached to purchase money, if money is paid to at least two trustees. The requirement for two trustees to receive the money is intended to reduce danger of one trustee running off with money to the detriment of the equitable owners. In the first main form of co-ownership, known as "joint tenancy", the joint tenants are deemed to share equally in the value of the property if it is sold, and if one joint tenant dies, the others will (by the "right of survivorship" or ''jus accrescendi'' in Latin) take the whole of his share. This is a legal presumption, and owners are free to stipulate that they wish their share to be apportioned differently (e.g. depending on financial contribution to the property), and that they wish someone else to inherit their share. When making a transfer of property on HM Land Registry's "TR1" form, owners may indicate which relation they choose, however in ''
Stack v Dowden ''Stack v Dowden'' [2007UKHL 17is a leading English property law case concerning the division of interests in family property after the breakdown of a cohabitation relationship. Facts Mr Stack and Ms Dowden were in a long-term relationship with ...
'' the Supreme Court observed that this will not always be decisive, particularly where people do not have full understanding of the survivorship rule and have made very unequal financial contributions to the property. But otherwise, co-owners will remain as joint tenants in equity until they take action to sever their share. Severance in Equity (finance), equity can be achieved in five main ways. Firstly, the most certain way to sever is to serve a statutory notice under Law of Property Act 1925 section 36 on the other joint tenants "a notice in writing of such desire" to sever one's share. Some courts have construed this provision restrictively, so in ''Harris v Goddard'' the Court of Appeal held that because Mrs Harris in her divorce petition requested merely that "such order be made... in respect of the former matrimonial home", and did not request that an order be made immediately, she had not yet severed her share. This meant that when Mr Harris unexpectedly died after a car crash, she was able to remain a joint tenant and inherit the whole home, and the children of Mr Harris' first marriage did not. A notice will be considered effective, or "served" under Law of Property Act 1925 section 196 when it is left at a person's home or office, or if posted and so long as it does not go undelivered (in contrast to the postal rule) when it would ordinarily arrive. In ''Kinch v Bullard'' Mrs Johnson was terminally ill, and wished to sever her share of the home and sent a letter, but when she realised that Mr Johnson was ill too and would die first, she wanted to cancel her severance notice. Neuberger J held that because the letter was already delivered to Mr Johnson's house, it could not be withdrawn, even though Mr Johnson had not yet read it. Second, and in contrast to the formalistic approach for section 36, it was held in ''Burgess v Rawnsley'' that a course of dealings between two people can manifest the intention to sever. Mr Burgess had discussed with Ms Rawnsley selling her share in a property for £750 but negotiations stalled when she asked for more, and then he unexpectedly died. "'Even if there was not any firm agreement but only a course of dealing", said
Lord Denning MR Alfred Thompson Denning, Baron Denning, (23 January 1899 – 5 March 1999), was an English barrister and judge. He was called to the Bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he w ...
, "it clearly evinced an intention by both parties that the property should henceforth be held in common and not jointly." Third, simply making an agreement to sell one's share will be counted by the courts as severing. Fourth, the declaration of bankruptcy effects severance, as under the Insolvency Act 1986 section 306, a bankrupt's estate will vest immediately in the trustee in bankruptcy. Fifth, killing a joint tenant will sever a share, because the Forfeiture Act 1982 generally prevents a killer to benefit from his wrong. However, in ''Re K'' the Court of Appeal upheld a claim by a lady to be relieved from forfeiture using a discretion in section 2. Mrs K had shot and killed her husband, but only after prolonged domestic violence, and she had been cleared of murder because it did not count as intentional. Lastly, if practical, beneficial owners may request trustees to physically partition property under Trusts of Land and Appointment of Trustees Act 1996 section 7, and compensate the different owners in money as is appropriate. When co-owners fall into disagreement over how land is to be used, the Trusts of Land and Appointment of Trustees Act 1996 guides who can live in the property or when it can be sold. One of the primary purposes of TLATA 1996, given the massive growth of co-ownership and people acquiring interests in land through trusts, was to reduce the occasions on which land would be sold if that meant people would lose their homes. At the highest level of generality, TLATA 1996 section 6 says the legal trustees of a property (i.e. the legal owners on the title, rather than the owners in equity) generally have all the powers of an absolute owner, but should pay regard to beneficiaries and owe them a duty of care. More importantly, sections 11 to 13 give beneficiaries a limited right to occupy a property if this accords with the interest and purpose of the trust, if land is suitable for occupation, although trustees may restrict this right if reasonable. If disagreements are insoluble, section 14 allows a beneficial owner to apply to court for sale. Section 15 requires that the court pays regard (i) to the intentions of the settlor (ii) to the purpose of the trust (iii) the interests of any children living there, and (iv) the interests of secured creditors. This means that in a common case where a bank is pressing for sale of a family home, its interests do not override all others. So in ''Mortgage Corporation v Shaire'' where Mr Shaire had forged his wife's signature to get a mortgage on their home and died, and the bank sought possession and a sale under TLATA 1996 section 15, Neuberger J held that he would postpone the sale, because it was still her home. However TLATA 1996 went further when a creditor has become insolvent. It inserted in the Insolvency Act 1986 new sections 283A and 335A, which say that at the point of bankruptcy, the decision to order a sale should be guided by (a) the interests of the bankrupt's creditors, (b) the spouse's conduct, their resources, the children's needs, and any other need, except for the bankrupt's own. However under section 335A(3) after one year expires, a court must order sale of property to realise its value for creditors "unless the circumstances of the case are exceptional". So only in extreme situations, as where losing a home might worsen the occupant's schizophrenia, have courts postponed sales. Because the legislation is so heavily pro-bank, the suggestion was made in ''Nicholls v Lan'' that it may well violate the right to a family life in ECHR article 8.


Leases and licences

As opposed to sharing full ownership, and without dividing land physically, the use and enjoyment of land can be shared when owners grant licences or leases. The difference between the two matters because a lease counts as a property right that binds third parties even if a freehold changes hands, and because more statutory protection for tenants attaches only to leases, albeit that many cases have increased protection for license holders too. A licence is said to be a personal obligation, which in traditional theory was said to create rights enforceable only between the people privy to the licence. First, licences may arise by implication of the law, such as when a customer walks through an open shop door. The customer is recognised as having a "bare licence" which makes him immune from an action for trespass, and can only be asked to leave over within a reasonable time. Second, they may arise by statute, as with the
Family Law Act 1996 The Family Law Act 1996 (c. 27) is an act of Parliament of the United Kingdom governing divorce law and marriage. The law intends to modernise divorce and to shift slightly towards "no fault" divorce from the fault-based approach of the Matrimon ...
sections 30–31. Third, they may arise by estoppel. And practically most important, licences can arise through a contract. This will set the terms of the land's use by the licensee. For example, in ''Hurst v Picture Theatres Ltd'', Mr Hurst was removed from a Kensington High Street, High Street Kensington theatre by a manager who honestly believed that he had not paid for his ticket. Buckley LJ held the theatre was not entitled to remove him, even if it revoked the ticket, because with, and in addition to breach of contract they committed assault on him, for which he could claim additional damages. However, breach of contractual licence will not entitle the victim to force his way back, so in ''Thompson v Park'' a teacher who tried to force his way back into a school was told he had no remedy because he should have sought a court declaration first. If possible, and as damages will often be inadequate, the courts show preference for awarding specific performance. This was so even when the claimant was the National Front (United Kingdom), National Front, who had licensed a Pavilion for its annual conference. This preference for specific performance has been manifested generally in providing more "property-like" rights for licensees. In ''Manchester Airport plc v Dutton'', an airport company, with a licence on National Trust land, was held entitled to claim that trespassing protesters could be removed. Its contractual right was held to be better than the trespassers' right to remain. Then, in ''Errington v Wood'', it was held that when a father gave contractual licence to his son and daughter in law to remain in a Newcastle upon Tyne home till they paid the mortgage, and that the house would become theirs when they did, this became irrevocable. It was also held in ''Binions v Evans'' that a
constructive trust In trust law, a constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess ...
arose out of Mr and Mrs Binion promising the former owners of the Tredegar Estate that Mrs Evans could remain for life in her cottage. The Binions were bound by their promise, even though the promise was not to Mrs Evans. However, a later Court of Appeal in ''Ashburn Anstalt v Arnold'' denied that constructive trusts should easily be created or that promises to could become binding on successors in title. However, of more contemporary social significance is the lease. Leases are most usually created by a contract. For short leases, under three years, there is no requirement for writing, and under seven years, there is no requirement for registration. Longer leases, even if they do not fulfil formality and registration requirements will also arise in equity under the doctrine of anticipation, formulated in ''Walsh v Lonsdale''. This means that the interest takes effect under a
constructive trust In trust law, a constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess ...
, in turn leading to protection for actual occupants. Formally known under the
Law of Property Act 1925 The Law of Property Act 1925 ( 15 & 16 Geo. 5. c. 20) is an act of the Parliament of the United Kingdom. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The progr ...
section 205(1)(xxvii) as a "term of years absolute", a lease divides property by time, and with a lease comes a measure of statutory protections for tenants. Under the old Rent Act 1977 and Landlord and Tenant Act 1954, these were much more significant, in particular providing controls on escalating rental prices and granting a right to not have a tenancy ended without a good justification (an equivalent to the right to unfair dismissal in UK labour law). This protection was seen as necessary because of the inequality of bargaining power that tenants have. However, during the 1980s, these rights were removed, along with most rent regulation. Under the Landlord and Tenant Act 1985, the most significant remaining protection is the section 11 obligation on landlords to repair properties' structures, water and heating facilities for short leases. The division, both historical and contemporary, has led to significant litigation over the meaning of a "lease". In the leading case, ''Street v Mountford'', the House of Lords identified the factual grant of exclusive possession of a property as being the distinguishing feature between a lease and a licence. Mrs Mountford paid a "licence fee" for her home, and had signed a form agreeing that the statute protecting leases from unfair rent rises (the Rent Act 1977) did not apply. She nevertheless argued that she had a lease, and the House of Lords agreed because despite the form of her agreements, the substance of the arrangement was to give her exclusive possession of her living space. According to Lord Templeman in ''AG Securities v Vaughan'', if people could contract out of them, any statutory protections "would be a dead letter because in a state of housing shortage a person seeking residential accommodation may agree to anything to obtain shelter." For the question of whether a person has the benefit of statutory protection, it was held to be irrelevant (counter-intuitively among property lawyers) that the defendant itself has a proprietary interest. So in ''Bruton v London & Quadrant Housing Trust'' Mr Bruton's housing association only had a licence for the property from the council, and it was not doing repairs. Although Mr Bruton needed a lease to claim, and as a matter of property law he could not be granted a lease from a trust that only had a licence, for the purpose of statutory protection, the House of Lords agreed he was granted a lease, and so could request repairs.


Mortgages and security

While real property may be divided among co-owners and tenants for the purpose of the land's use and enjoyment, taking a mortgage of property primarily serves the purpose of ensuring loans are repaid. Because of the nature of money lending, and frequently
unequal bargaining power Inequality of bargaining power in law, economics and social sciences refers to a situation where one Party (law), party to a Bargaining, bargain, contract or Gentlemen's agreement, agreement, has more and better alternatives than the other party. ...
between banks and borrowers, the law gives significant legal protection to borrowers against the enforcement of unfair bargains. Along with pledges, liens and equitable charges, English law counts a mortgage as one of four main kinds of
security interest In finance, a security interest is a legal right granted by a debtor to a creditor over the debtor's property (usually referred to as the '' collateral'') which enables the creditor to have recourse to the property if the debtor defaults in m ...
, whereby a proprietary right that binds third parties is said to arise on conclusion of a freedom of contract, contract. It must simply be the contract's intention to make property available to secure repayment. The
Law of Property Act 1925 The Law of Property Act 1925 ( 15 & 16 Geo. 5. c. 20) is an act of the Parliament of the United Kingdom. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The progr ...
section 85 say that a mortgage requires a deed (under LPMPA 1989 section 1, a document that is signed, witnessed and states it is a deed). Under the
Land Registration Act 2002 The Land Registration Act 2002 (c. 9) is an act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though ...
sections 23 and 27, a notice of a mortgage must be filed with
HM Land Registry His Majesty's Land Registry is a non-ministerial department of His Majesty's Government, created in 1862 to register the ownership of land and property in England and Wales. It reports to the Ministry of Housing, Communities and Local Governme ...
for the mortgage to be effective. Then,
Law of Property Act 1925 The Law of Property Act 1925 ( 15 & 16 Geo. 5. c. 20) is an act of the Parliament of the United Kingdom. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The progr ...
section 87 says mortgages confer upon the mortgagee (i.e. the secured lender) the same rights as a 3000-year lease holder. The reason for this reference to "3000 years" is that in a primitive protective measure, the common law said mortgage terms must always allow for the property to be redeemed in the end, when the debt is repaid. In the 18th century decision of ''Vernon v Bethell''(1762
28 ER 838
/ref> Lord Henley LC refused to enforce the conveyance of Vernon's sugar plantation in Antigua to a deceased London lender, Bethell, when Vernon had trouble repaying, even though some exchanges between the two had raised the possibility of giving up the land to satisfy the debt. Given the considerable interest paid already, Lord Henley LC held it would frustrate (or "clog") Vernon's right to redeem property. As he put it protection for the borrower was warranted because "necessitous men are not, truly speaking, free men, but, to answer a present exigency, will submit to any terms that the crafty may impose upon them". Accordingly, the rule developed that "once a mortgage, always a mortgage", meaning a mortgage cannot be turned into a conveyance of the property by the operation of terms in an agreement. It means that a lender may at most sell a property to realise its value, but may not take ownership, and the borrower must always practically be able to get back the property. The rule was suspended for companies by the Companies Act 2006 section 739, and was criticised in ''Jones v Morgan'' for being inappropriate in commerce, but it still survives as a rudimentary common law method to protecting vulnerable borrowers. The most relevant protective measure at common law today is the right of borrowers to cancel mortgages if they were Misrepresentation in English law, misrepresented about the mortgage's terms, or if they entered agreements because of undue influence. In the leading case, ''Royal Bank of Scotland v Etridge (No 2), Royal Bank of Scotland v Etridge'', a group of appeals all involved a husband allegedly pressuring his wife into signing a mortgage agreement with a bank, where security was over the family home. The House of Lords agreed that undue influence would make a contract voidable, and if a bank should have realised this possibility, it could not enforce the mortgage agreement against the spouse's share of the home. Accordingly, if banks wished to ensure valid mortgages they would need to have confirmation from an independent solicitor that the spouse fully understood the transaction. This ruling was intended to eliminate cases where people do not understand the consequences of mortgages. Alternatively, if despite independent advice, a spouse is still unduly influenced or is misrepresented the facts, he or she will have no recourse against a bank selling the home, but may have a claim against the solicitor for Professional negligence in English law, professional negligence. Beyond common law, there are three main kinds of statutory protection. First, the Financial Services and Markets Act 2000 codified a system of licensing for mortgage lenders. The Financial Conduct Authority maintains a Code of Practice and enforces compliance with the threat of license withdrawal. Second, the Consumer Credit Act 1974 empowers the Office of Fair Trading to engage in similar regulation of the second mortgage market. Third, the content of mortgage is regulated by ordinary consumer contract protection in the Unfair Terms in Consumer Contracts Regulations 1999. The general thrust of the law is to ensure complete transparency, and to cancel extortionate credit agreements, so that consumers know what they are getting, and do not get an Distributive justice, unfair bargain. Money lenders have extensive rights from common law and statute. A mortgagee's first right is to repayment of the debt, but if the borrower's circumstances mean this is impossible, a process of taking possession of the mortgaged property and selling it usually begins. Almost every step, however, is mediated through court. The Administration of Justice Act 1970 section 36 says that the court may adjourn proceedings if the "mortgagor is likely to be able within a reasonable period to pay any sums due under the mortgage", and the Consumer Credit Act 1974 sections 129–130 does the same for second mortgages. In an anomalous case, ''Ropaigealach v Barclays Bank plc'' a bank had auctioned off a (second) house the owning a family was away. Clarke LJ felt unable to apply the AJA 1970, because properly construed, it was only able to halt proceedings when legal proceedings had in fact been launched, and here there were none. In a more borrower-friendly decision, ''Cheltenham & Gloucester Building Society v Norgan'' John Douglas Waite, Waite LJ gave guidance that in ordering a plan for repayment, a judge should give "the period most favourable to the mortgagor at the outset", so that repeated applications to court on continuing defaults could be avoided, and so that "the mortgagee can be heard with justice to say that the mortgagor has had his chance". When it comes to a sale, Law of Property Act 1925 sections 101 and 103 require that the provision for sale must have been in the mortgage deed, that three months notice and space must be given. Section 88 confirms that a buyer after a sale receives an unencumbered title. In the sale process itself, there is a duty of care. In ''Cuckmere Brick Co v Mutual Finance'' Mutual Finance auctioned Cuckmere Brick Co's property after it had defaulted on a loan, but failed to advertise that the property had secured planning permission for building more flats. Salmon LJ emphasised that because the borrower will still be liable for sums on a loan if a house is undersold, because the "mortgagor is vitally affected by the result of the sale", an obligation is owed to get "the true market value." Moreover, a higher duty of scrutiny will be imposed if a mortgagee sells to a related party. In ''Tse Kwong Lam v Wong Chit Sen'' Mr Wong sold property taken from Mr Tse to his wife, after not advertising the auction. The Privy Council advised that while delay in the claim meant the sale should not be set aside, damages could be awarded because of the significant conflict of interest. Lord Templeman emphasised that "a heavy onus lies on the mortgagee to show that in all respects he acted fairly" so the transaction is perfectly fair and equal.


Easements

Easements and covenants, although treated separately by law, both functioned as primitive forms of planning device. Before the development of local government and planning, people living in neighbouring property could only regulate how each used their land through agreements. An agreement for a first neighbour to use the land of a second is an easement, usually involving a right of way, or a ''profit a prendre'', if it allows the first to take something from the land (e.g. hunting ducks, fishing, or grazing sheep). An agreement for a first neighbour to refrain using his own land for the benefit of a second would be a restrictive covenant. Naturally people could contract to use land in any way conceivable. However the courts viewed it as a different matter whether a successor in title to the original contracting party was bound. Courts were particularly chary with "positive covenants" (which might require a landowner's expenditure and could not be fulfilled by doing nothing) and "negative easements" (which unlike covenants might be acquired without agreement). As a result, modern planning decisions by councils, primarily through the
Town and Country Planning Act 1990 The Town and Country Planning Act 1990c 8 is an act of the Parliament of the United Kingdom regulating the development of land in England and Wales. It is a central part of English land law in that it concerns town and country planning in the U ...
, largely displaced the common law and equity to regulate relations in neighbourhoods. Yet many easements and covenants remain. The range of easements is primarily restricted by a fourfold test laid out in ''
Re Ellenborough Park was an English land law case which reformulated the tests for an easement (the scope of the law of easements). It found an easement to use a communal garden to be a valid easement in law. There is no requirement for all of the houses to be imm ...
''. The homeowners around Ellenborough Park, Weston-super-Mare, Ellenborough Park wished to show they had an easement over the communal gardens to claim compensation for its requisition in World War II. Lord Evershed MR agreed because (1) they owned the dominant tenements, (2) their rights to the "servient" tenement (i.e. the park) benefited their land (3) they did not own the servient tenement, and, despite some prior authority suggesting easements could not be for pure pleasure, (4) it was within a recognised class of easements. Most often, easements are rights of way. Many recent cases have also involved car parking, including ''Moncrieff v Jamieson'' where the owner of land between the shoreline and a steep escarpment only had access through his neighbour's, and he had, from 1973 become used to parking there. The servient tenement owner claimed the car parking took away his use of the land, and so could not be an easement. But the House of Lords held that in the nature of parking (which was not permanent) to which the dominant owner had become accustomed, the right could count as an easement. To create an easement, first, under
Law of Property Act 1925 The Law of Property Act 1925 ( 15 & 16 Geo. 5. c. 20) is an act of the Parliament of the United Kingdom. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The progr ...
section 65(1) a landowner may expressly grant a neighbour a right over his land, or may reserve a right when selling a portion of land to someone else. Second, an easement may also come about through an express assurance, triggering
proprietary estoppel Proprietary estoppel is a legal claim, especially connected to English land law, which may arise in relation to rights to use the property of the owner. It may even be effective in connection with disputed transfers of ownership. Proprietary esto ...
. This was the case in ''Crabb v Arun District Council'', where a landowner acquired an easement after the council assured him they would leave him access to his land over theirs, when he sold another portion that gave the route in from the main road. Third, the law may find easements by a process of construction, in general, if they are necessary for property's reasonable enjoyment. The rules are analogous to incorporation and implication terms in contracts, so for instance in ''Green v Lord Somerleyton'' Jonathan Parker LJ approved an easement for drainage of water from Lord Somerleyton's land into Green's dykes, because when land was sold on in 1921 its proper construction incorporated a drainage deed. In ''Kent v Kavanagh'' it was clarified, however, that because reasonable enjoyment was the aim of implication, an easement was only to be implied in situations where land was in common ownership and occupation. This test was satisfied on those facts, where two semi-detached houses had a small path between them to access the back gardens, and a subsequent buyer wished to build into its half of the path. Chadwick LJ held the easement was necessary for enjoyment of the back garden. Fourth, under Law of Property Act 1925 section 62, easements that are "appertaining or reputed to appertain to the land" at the time of a conveyance will bind the purchaser. So in ''Hair v Gillman'' a lady who parked her car in a neighbour's forecourt while she had a seven-year lease acquired a crystallised lease when she subsequently bought the house. If easements are used for twenty years, however, a fifth method of acquiring a crystallised legal right is through the Prescription Act 1832. This method comes from simple period of extended use, and does not require showing any need for the easement. There are also a range of statutory easements, including, notably, "wayleaves" reserved by public authorities to install pipes or cables, and the Countryside and Rights of Way Act 2000 which extended the registered number of private and common lands where people have the "right to roam" for recreation. However created, an easement ought to be registered to ensure protection. An easement that is not registered will be recognised as an over-riding interest according to LRA 2002 Schedule 3, paragraph 3, if known to a person to whom land is sold and if the easement is obvious on a reasonably careful inspection, but only if the easement is acquired at law (not equity) since 13 October 2003.


Covenants

Unlike an easement, a covenant can only be acquired through agreement or possibly by an assurance, but not by prescription. In the most famous case, ''Tulk v Moxhay'' the owner of what is now Leicester Square promised a neighbour he would not erect buildings, but the subsequent purchaser (who knew of this deal) tried to build. Lord Cottenham LC held that a prior covenant may bind future owners if the covenant touched and concerned the land, the original covenantees intended the covenant to bind future owners, and the future owners with the same land had notice of the covenant. Under
Law of Property Act 1925 The Law of Property Act 1925 ( 15 & 16 Geo. 5. c. 20) is an act of the Parliament of the United Kingdom. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The progr ...
section 78, successors in title to the person named to benefit from the covenant are deemed to have standing to enforce the covenant and Law of Property Act 1925 section 79 codified the presumption that a covenant is to be not personal, but proprietary, and binding on successors in title. That presumption, however, can be rebutted by construction of agreements between the neighbours. This happened in ''Morrells of Oxford Ltd v Oxford United Football Club'' where Robert Walker LJ held that Morrell's pub could not get an injunction against the Oxford UFC building a pub, because although Oxford UFC's predecessor had promised not to in 1962, the document failed to use language indicating successors would be bound in the pub clause, when it did in other clauses. A controversial aspect of covenants is that courts only enforce ones which restrict land's use, and thus far have refused to enforce covenants that require positive expenditure. In ''Rhone v Stephens'' this meant that a house owner could not be required to repair his roof, which protected a cottage underneath from water. Lord Templeman viewed this would contradict the rule that someone should not be made liable to a contract when they have not been privy to it. This has been mitigated slightly when all neighbours have reciprocal benefits and burdens. ''Halsall v Brizell'' held that if some Liverpool estate dwellers had the benefit of using the estate roads, drains, promenade, and sea walls, they could be required to pay for its upkeep. Covenants are enforceable, generally, through injunctions, but may also (if an injunction would be oppressive) enforceable through a payment of damages reflecting the loss of the right. For instance in ''Wrotham Park Estate Co Ltd v Parkside Homes Ltd'' a developer who built homes in breach of a restrictive covenant was ordered by Brightman J to pay 5% of his anticipated profits in compensation. Finally, applications to the Land Tribunal may be made for declarations to extinguish covenants under Law of Property Act 1925 section 84 if it is obsolete, the beneficiary would lose little, or has implicitly agreed, or it impedes a reasonable user of land and the beneficiary can be compensated.


Social use of land and regulation

While many "land law" texts in England typically confine themselves to the content, creation and protection of interests in property in land, the social significance of land extends to the way it is used. Historically, land was the most important source of social wealth, but over the 19th century United Kingdom company law, corporations and the English trust law, managed fund eclipsed it as a means to preserve wealth. Yet land remains vital for community infrastructure, housing, agriculture, forestry, water and natural resources. The quality of life for the vast majority of people is closely connected to rules on planning, home building and rent regulation, food, forest and water enterprises, and the protection of the environment and climate in replacing gas, oil and coal with clean energy.


Planning and infrastructure

Before 1909, most land planning was based on private laws of nuisance, and agreements of neighbours for
easement An easement is a Nonpossessory interest in land, nonpossessory right to use or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B" ...
s and Covenant (law), covenants. However,
Magna Carta (Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...
, and Charter of the Forest ("forest" being an old term for crown land) codified ancient rules on the use of the Common land, commons: public land that people who did not own land could use for gathering food, wood, hunting, or herding. Over the centuries, aristocrats who controlled Parliament gradually enclosure, enclosed more common land, taking it into private ownership, and recognising this bias for the private, in 1865 in ''Tapling v Jones'', Lord Cranworth proclaimed that every "man... [has] a right to use his own land by building on it as he thinks most to his interest". The case law had a narrow concept of what counted as a nuisance. For example, there was no claim for loss of amenity if a loud railway was run past one's house. In ''Sturges v Bridgman'' the Court of Appeal held that what counted as a nuisance would depend on the character of the locality, and this meant that 'what would be a nuisance in Belgrave Square would not necessarily be so in Bermondsey'. In response, as Parliament was opened to universal suffrage, local councils acquired more powers "to prevent inappropriate development and protect the environment" to ensure that land law will add "to the benefit of the whole community." The Housing, Town Planning etc Act 1909 first gave local governments the authority to develop planning schemes, and employ inspectors, with appeal to a Local Government Board, initially regarding sanitary conditions. The Town and Country Planning Act 1947 made the most critical change, requiring that any development of land required permission from the local government, unless there was a relevant exception. With rules on
compulsory purchase Compulsion, Compulsive, Compelling, or Compulsory may refer to: Psychology * Compulsive behavior, a psychological condition in which a person does a behavior compulsively, having an overwhelming feeling that they must do so. * Obsessive–compu ...
this made a modern national system of planning. Today, the
Town and Country Planning Act 1990 The Town and Country Planning Act 1990c 8 is an act of the Parliament of the United Kingdom regulating the development of land in England and Wales. It is a central part of English land law in that it concerns town and country planning in the U ...
contains the basic planning rules. Section 57 requires permission be granted for 'development' of land. Section 55 defines 'development' as building, engineering, mining, or making any material change to building, including demolition, or splitting a home into two. However, subsection 2 exempts changes to dwelling houses for something incidental to enjoyment, for agriculture or forestry, or changes of a property's use within a set of property 'classes'. For many people making changes to business property, the Town and Country Planning (Use Classes) Order 1987 then becomes relevant. Each property use has a class. Class A1 includes shops like bookstores or hairdressers, class A3 includes cafes, class C1 is hotels, and class C3 is homes. If a change to a property's use is made within a class, no permission for alterations is needed. If permission is granted, it may be unconditional, or under section 106 the local authority can attach conditions that the landowner must follow. Sections 171A to 196C contain the enforcement rules, which include allowing local authorities to charge people with offences for breach of planning rules, and to have a right of entry to property. However, under section 171B, if someone has breached a planning rule, but no enforcement proceedings are brought within four years, there can be no charge: the landowner becomes immune. Sections 197 to 261 contain detailed rules about matters such as trees, advertisements, highways. For establishments that will be used for specific purposes, such as restaurants, pubs or clubs, the Licensing Act 2003 sets out the procedures by which businesses can acquire a licence from their local authority, and the conditions (including time of trading, alcohol provision, and noise levels) under which the establishment must be maintained.


Housing and tenant rights

Although homeowners together own just 5% of the land area in England and Wales, housing and other buildings account for a large share of capital wealth, and constitute the basis of the universal human "right to housing" and to a private life and home. Increasingly homes and real estate have become investment objects, with tax breaks for "Real Estate Investment Trusts", meaning reduced public and individual home ownership. A growing proportion of people cannot afford to buy homes, and so must rent, while rents take a growing share of people's income. Although housing benefit is available for people on low incomes, this is entirely taken by private landlords whose escalating rents are an increasing cost to taxpayers. Since the Housing Act 1985 there has been a right to buy property for secure tenants from local councils that had aimed to keep rents affordable. Despite increased supply and the building of houses at a consistently faster rate than population growth, the greater number of multiple houses owned by landlords and corporations, and units left empty, means that the
unequal bargaining power Inequality of bargaining power in law, economics and social sciences refers to a situation where one Party (law), party to a Bargaining, bargain, contract or Gentlemen's agreement, agreement, has more and better alternatives than the other party. ...
of landlords can be used to charge ever higher rents. The Building Act 1984 and Building Regulations 2010 require reduced carbon in buildings, however there is not yet a requirement for all homes to have solar panels, battery storage, and heat pumps to ensure clean air. Reflecting its poor housing quality, the UK has among the most minimal tenant rights in the world. Fair rent regulation exists in many countries to prevent unaffordable housing, such as in Canada, or Germany, but was abolished in the UK by the Housing Act 1985 section 24. The Landlord and Tenant Act 1985 contains the right to know who the landlord it, that it is habitable, and that the landlord carries out basic repairs to the building and facility structure. However there is no housing regulator or watchdog to which tenants may apply, and so their rights have to be enforced through costly court processes. The Housing Act 1988 section 20 abolished security for tenants against eviction without good reasons (unless there is something in the contract), and so upon a contractual notice period tenants may be removed. The only statutory protection is a minimum of 4 weeks notice before eviction in the Protection from Eviction Act 1977 section 5(1), and the landlord may issue a section 21 notice under the Housing Act 1988 section 21 to being a court process of eviction. The Tenant Fees Act 2019 sections 1-5 contain minimal regulation of real estate agent fees, requiring that they are only charged to landlords, not tenants. The Housing Act 2004 sections 213-214 create a right for a rental deposit to be protected under a trust of a third party, however these parties are often appointed and paid by the landlord, meaning that in disputes that are arbitrated the landlord usually wins. By contrast, business tenancies have much more regulation, recognising the inherently
unequal bargaining power Inequality of bargaining power in law, economics and social sciences refers to a situation where one Party (law), party to a Bargaining, bargain, contract or Gentlemen's agreement, agreement, has more and better alternatives than the other party. ...
that tenants have, and the failure of the market. On top of rents, and mortgage repayments for landowners, people must pay council tax and business rates to contribute to the locality for their property. Stamp duty, Stamp duty in the United Kingdom is a tax that has to be paid upon the sale of property, and inheritance tax, Inheritance Tax (United Kingdom) of 40% must be paid upon the passing to children or grandchildren of property worth over £500,000 in 2023, or £325,000 to other parties, but no tax for leaving a property to a spouse, civil partner or charity.


Agriculture and forestry

The UK is made up of around 72% farmland, and 13% woodland, and while agriculture and forestry compose a small percentage of the UK economy and workforce, its regulation has a large impact on the environment. The Common Agricultural Policy in European Union law regulated farming subsidies and development, and remains an influential part of the scheme in the Agriculture Act 2020. This enables the Secretary of State, and the Department for Environment, Food and Rural Affairs to give out financial assistance, make regulations on conditions attached to subsidies, and monitor actions for subsidies. From 2024, this may depart from the standard practice under the EU subsidy scheme of making (1) basic payments to famers based on the number of hectares actively farmed, (2) market measures to buy up and dispose of any excess produce, and (3) rural development payments for a range of spending, such as on clean energy or faster internet infrastructure. Around £3.5 billion was spent in 2018 under the CAP, although the UK government stated that this sums of money would change under the new system, based on a concept of "public money for public goods", but without much clarity. Around 10% of UK land is held in the public sector, and the largest body among these is the Forestry Commission. The Forestry Act 1967 (c. 10) requires that the Forestry Commission has 11 members appointed by the government, and it has a general duty of "promoting the interests of forestry, the development of afforestation and the production and supply of timber and other forest products" including "adequate reserves of growing trees". National parks of the United Kingdom, National parks were created by the National Parks and Access to the Countryside Act 1949 for the first time, and today are overseen by Natural England or different park authorities under the National Parks (Scotland) Act 2000. Unlike other countries, UK national parks have substantial private ownership, but there are more restrictive planning laws to safeguard natural beauty, and guarantee public rights of way. General protection of the UK's environment is found in the Environmental Protection Act 1990 and Wildlife and Countryside Act 1981.


Gas, oil and coal

Coal, oil and gas from the UK's land and the North Sea still make up a large part of UK energy, despite the health, environmental, climate damage they cause. Over the Industrial Revolution, coal became the UK's dominant energy source, now governed under the Coal Industry Act 1994. Coal and oil production were publicly owned during the 20th century, but now coal, oil and gas extraction is performed today by private corporations under government licence. The largest entities include BP, Royal Dutch Shell, Shell, joined by entirely foreign firms such as Apache, Talisman, Canadian Natural Resources, CNR, TAQA or Cuadrilla Resources, Cuadrilla. Under the Petroleum Act 1998 section 2, rights of land ownership do not equate to rights to oil and gas (or hydrocarbons) underneath. In ''Bocardo SA v Star Energy UK Onshore Ltd'', the Supreme Court did hold that a landowner may sue a company for trespass if it drills under its land without permission, but a majority held that damages will be nominal. This meant that a landowner in Surrey was only able to recover £1,000 when a licensed oil company drilled a diagonal well 800 to 2,800 feet under its property, and not the £621,180 awarded by the High Court to reflect a share of the oil profits. Similarly, under the Continental Shelf Act 1964 (United Kingdom), Continental Shelf Act 1964 section 1 rights "outside territorial waters with respect to the sea bed and subsoil and their natural resources" are "vested in Her Majesty." Since 1919, the Crown has prohibited searching and boring for oil and gas without a licence. Under the Energy Act 2016, licensing is managed by the Oil and Gas Authority (OGA). Under section 8, the OGA should hand out licences so as to minimise future public expense, secure the energy supply, ensure storage of carbon dioxide, fully collaborate with the UK government, encourage innovation, and encourage stable regulation to promote investment. A significant conflict in the law is the duty in Petroleum Act 1998 sections 9A-I on the Secretary of State for ‘maximising the economic recovery of UK petroleum’. This contradicts the goal of eliminating greenhouse gas emissions in section 1 of the Climate Change Act 2008. The Secretary of State may give directions to the OGA in the interests of national security, or the public in exceptional circumstances, while the OGA is nominally capable of funding itself through fees on licence applicants and holders. In the process of licensing, the Hydrocarbons Licensing Directive Regulations 1995 require objective, transparent and competitive criteria to be applied by the Oil and Gas Authority. Under regulation 3, the OGA should consider an applicant's technical and financial capability, price, previous conduct, and refuse all applications if none are satisfactory, while regulation 5 requires that all criteria to be applied are stated in the public notice for tenders. Under section 4 of the Petroleum Act 1998, model licence clauses are prescribed by the Secretary of State, for instance in the Petroleum Licensing (Production) (Seaward Areas) Regulations 2008. Schedule 1's model clauses give the OGA discretion over the licence term, the licensee's obligation to submit its work programme, revocation on breach of a licence, arbitration for disputes, or health and environmental safety. For onshore oil and gas extraction, and particularly hydraulic fracturing (or "fracking"), further requirements are to negotiate with landowners where a drill site is situated, get the local mineral planning authority's approval for exploratory wells, get consent from the council under the
Town and Country Planning Act 1990 The Town and Country Planning Act 1990c 8 is an act of the Parliament of the United Kingdom regulating the development of land in England and Wales. It is a central part of English land law in that it concerns town and country planning in the U ...
section 57, get permission for disposing of hazardous waste and inordinate water use, and finally get consent from the Department for Business, Energy and Industrial Strategy. In ''R (Frack Free Balcombe Residents Association) v West Sussex CC'' a residents association in Balcombe lost an action for judicial review of their council's planning permission for Cuadrilla Resources to explore the potential to frack for shale gas. Large protests had opposed any steps toward fracking. However, Gilbart J held that the council had not been wrong in refusing to consider public opposition, and took the view would have acted unlawfully if it had considered the opposition. Although gas, oil and coal profits come from common property and public licensing, taxation on oil and gas outputs have been reduced. Initially, the Oil Taxation Act 1975 section 1 required a special Petroleum Revenue Tax, set as high as 75% of profits in 1983, but this ended for new licences after 1993, and then reduced from 50% in 2010, down to 0% in 2016. Under the Corporation Tax Act 2010 sections 272-279A there is still a "ring-fenced corporation tax", on individual fields that are ring-fenced from other activities, set at 30%, but just 19% for smaller fields. An additional "supplementary charge" of 10% of profits was introduced in 2002 to ensure a ‘fair return’ to the state, because ‘oil companies [were] generating excess profits’. Finally, under the Petroleum Act 1998 sections 29–45 require responsible decommissioning of oil and gas infrastructure. Under section 29, the Secretary of State can require a written notice of a decommissioning plan, on which stakeholders (e.g. the local community) must be consulted. Under section 30, notice regarding abandonment can be served on anyone who owns or has an interest in an installation. There are fines and offences for failure to comply. Estimates for the cost of decommissioning the UK's offshore platforms have been £16.9bn in the next decade, and £75bn to £100bn in total. A series of objections have been raised against the government's policy of cutting taxes while subsidising BP, Shell and Exxon for these costs.


Theory

{{see also, Property, Private property, English property law The theory of land law is closely connected to broader theories of property, given the historical importance of "real property" in the English social structure. First, there are theories about the extent to which private property should exist and the extent of public or social property, and second there are theories about what property is. In ancient Athens, according to Plato, in his ideal ''Republic (Plato), Republic'' everything should be owned in common, and "the notion of "
private property Private property is a legal designation for the ownership of property by non-governmental Capacity (law), legal entities. Private property is distinguishable from public property, which is owned by a state entity, and from Collective ownership ...
" will have been by hook or crook completely eliminated from life". By contrast Aristotle argued that "Property should be in a certain sense common, but, as a general rule, private; for, when everyone has a distinct interest, men will not complain of one another, and they will make more progress, because every one will be attending to his own business". Whatever the theory, the laws of ancient Britain and medieval Europe concentrated all political power, and most property, in the hands of emperors and kings, but after the reinaissance writers began to challenge this premise. While Thomas Hobbes argued that a "leviathan" of a king should have total sovereign power to protect rights, John Locke argued that social relations should be based on a social contract where people agree to legislative power but only to protect their property and other rights - "lives, liberties and estates". Locke argued that private property was justly acquired through labour, "at least where there is enough, and as good, left in common for others." As colonies were established around the New World, dispossessing native peoples from their land, this Lockean proviso, proviso was often ignored in practice. Over the 18th century, philosophers and political economists expressed greater scepticisim. For instance,
Adam Smith Adam Smith (baptised 1723 – 17 July 1790) was a Scottish economist and philosopher who was a pioneer in the field of political economy and key figure during the Scottish Enlightenment. Seen by some as the "father of economics"——— or ...
, a law professor in Glasgow, argued in ''
The Wealth of Nations ''An Inquiry into the Nature and Causes of the Wealth of Nations'', usually referred to by its shortened title ''The Wealth of Nations'', is a book by the Scottish people, Scottish economist and moral philosophy, moral philosopher Adam Smith; ...
'' that "Civil government, so far as it is instituted for the security of property, is, in reality, instituted for the defence of the rich against the poor, or of those who have some property against those who have none at all." Communists in the 19th century argued for the abolition of private property in capital (or property used for production), and especially abolishing property of employers over the products of workers' labour. Socialists and social democrats preferred to advocate expansion of public property, in land but especially in large enterprises that were becoming the dominant sources of wealth. Despite the theory of Garrett Hardin that common property would be overused or squandered and result in "tragedy of the commons, tragedy", modern empirical evidence particularly from Elinor Ostrom tended to show that public and community-managed resources would set up democratic governance structures that ensured they were well managed. A second group of theories has focused on the legal nature of property, or what it is compared to other types of legal rule. Property was often said to be different from obligations, so that while property enabled the owner to exercise rights against the whole world, an obligation was exercisable only against individuals. This idea of a strict division is often seen to have collapsed over the 19th century as more social and legal change ensured greater rights for workers, tenants and traders relating to insolvent companies. A consensus grew that property rights in law established power relations between people, rather than merely being relations to inanimate objects, and that the benefits of public or private ownership depended on "which organization and motive can best do the work." A growing number of scholars also argued that property used for production (such as land with a factory or farm) differed from property used for consumption (such as a home) and so should be regulated differently: personal possessions that people consumed should be strictly protected, but property for production should be subject to greater social and public responsibilities.AA Berle and GC Means, ''The Modern Corporation and Private Property'' (1932). Summarised in F Neumann, ''Behemoth: The Structure and Practice of National Socialism, Behemoth'' (1941) ch III. 209-210. AA Berle, 'Property, Production and Revolution' (1965
65(1) Columbia LR 1
/ref> Over the 20th century these theories gradually came to prevail, reflected in more social ownership and regulation, although the interest groups arguing for privatisation and deregulation have persisted.


See also

*English contract law *English trusts law *UK constitutional law *EU law *Glossary of land law *UK Property Classification


Notes

{{reflist


References

;Articles *S Anderson, 'Land Law Texts and the Explanation of 1925' (1984) 37 Current Legal Problems 63 *P Birks, 'Before we begin: five keys to land law' in Bright and Dewar, ''Land Law: Themes and Perspectives'' (1998) 457–486 *B Bogusz, 'Bringing Land Registration into the Twenty-First Century – The Land Registration Act 2002' (2002) 65 MLR 556 *S Bright, "Avoiding Tenancy Legislation: Sham and Contracting Out Revisited" [2002] CLJ 146 * JC Coffee, 'What went wrong? An initial inquiry into the causes of the 2008 financial crisis' (2009) 9(1) Journal of Corporate Law Studies 1 *Morris Raphael Cohen, MR Cohen, 'Property and Sovereignty' (1927) 13 Cornell LQ 8 *L Fuller, 'Consideration and Form' (1941) 41 CLR 799 *C Harpum, 'Midland Bank Trust Co Ltd v Green' (1981) 40 CLJ 213 *J Hill, 'Intention and the Creation of Property Rights: Are Leases Different?' (1996) 16 LS 200 *N Jackson, 'Over-reaching in Registered Land Law' (2006) 69 MLR 214. *HWR Wade, 'Land Charge Registration Reviewed' [1956] CLJ 216 ;Books *W Blackstone, ''Commentaries on the Laws of England'' (1765
Book II, Of the Rights of Things
*S Bright, ''Landlord and Tenant Law in Context'' (2007) *E Fisher, B Lange and E Scotford, ''Environmental Law: Text, Cases & Materials'' (OUP 2013) *S Gardner, ''An Introduction to Land Law'' (2nd edn 2009) *N Gravells (ed), ''Landmark Cases in Land Law'' (2013) *K Gray and SF Gray, ''Land Law'' (OUP 2011) *K J Gray and P D Symes, ''Real Property and Real People: Principles of Land Law'' (Butterworth and Co 1981). {{ISBN, 0-406-59111-3. *M Gregory and M Parrish, ''Essential Law for Landowners and Farmers'' (2nd edn Collins 1987) {{ISBN, 978-0-00-383269-3. *C Harpum, S Bridge, and M Dixon, ''Megarry and Wade: The Law of Real Property'' (Sweet and Maxwell 2008) *WS Holdsworth, ''A history of English law'' (3rd edn 1923) Book III, The Mediaeval Common Law (1066–1485) vols 2 and 3 *J A MacKenzie and M Phillips, ''Textbook on Land Law'' (OUP 2006) *FW Maitland, ''Equity. Also the Forms of Action at Common Law'' (1910) archive.org, edited by AH Chaytor and WJ Whittaker *B McFarlane, N Hopkins and S Nield, ''Land Law: Text, Cases, and Materials'' (2nd edn 2012) *TBF Ruoff, An Englishman Looks at the Torrens System (1957) *S Worthington, ''Personal Property Law: Text and Materials'' (Hart 2000) ;Reports *Report of the Commission on Registration of Title (1857) HCP xxi 245 *Royal Commission on the Operation of the Land Transfer Act (1870) HCP xviii 595 *Royal Commission on the Land Transfer Acts, Second and Final Report (1911) *Report of Sir Leslie Scott's Committee (1919) Cmd 424 *Law Commission, ''Transfer for Land: Trusts of Land'' (1989)


External links


List of leading property cases on Bailii.org
{{UK law {{Authority control English land law, English property law Economy of England Economy of Wales Land law Home inspection