Land Law 202x Land Law 202x Land Law 202x
Introduction to Property Land
Land is distinguished from other forms of property because:
More than one person can have a relationship with the land and share the right to possess it.
The right to possess a land is known as ownership right, but it is also common for people to
have enforceable rights in other people’s land. This is a 3 rd party right.
Aspects of ownership
- Rights a person has in relation to a particular item.
- Aggregate of legal relations between the person and item.
Limitations of this definition:
- Wrong to assume the person has the power to do anything he or she likes with it simply
because they hold ownership.
- In the context of land, the use an owner can make of it is restricted by the need to comply
with planning legislation on the one hand, and by the private law of nuisance on the other.
- The law of a given country may not actually recognize the existence of a particular power.
In England, the general principle is one of testamentary freedom: one can leave one’s property to
whomsoever one likes.
That principle is, however, modified to a certain extent by the statutory provision that enables certain
people to claim against the estate of a deceased person if insufficient provision had been made for
them by the testator.
1.4.2
As a general rule, in order to transfer land or create an interest in it, one must use a
deed.
- A deed is a formal document which explicitly makes clear that it is intended
to be a deed, is signed by the person making it in the presence of a witness
who attests the signature, and is delivered as a deed
contracts for the sale of land, or an interest in land, p. 9↵are required to be in
writing.
1.5.2
if the holder of a particular right can refuse to release it to another person in return
for a payment of money, then this is analysed as being a property right. If,
however, that other person may, on the payment of compensation, the level of that
Introduction to Property Land
Land is distinguished from other forms of property because:
More than one person can have a relationship with the land and share the right to possess it.
The right to possess a land is known as ownership right, but it is also common for people to
have enforceable rights in other people’s land. This is a 3 rd party right.
Aspects of ownership
- Rights a person has in relation to a particular item.
- Aggregate of legal relations between the person and item.
Limitations of this definition:
- Wrong to assume the person has the power to do anything he or she likes with it simply
because they hold ownership.
- In the context of land, the use an owner can make of it is restricted by the need to comply
with planning legislation on the one hand, and by the private law of nuisance on the other.
- The law of a given country may not actually recognize the existence of a particular power.
In England, the general principle is one of testamentary freedom: one can leave one’s property to
whomsoever one likes.
That principle is, however, modified to a certain extent by the statutory provision that enables certain
people to claim against the estate of a deceased person if insufficient provision had been made for
them by the testator.
1.4.2
As a general rule, in order to transfer land or create an interest in it, one must use a
deed.
- A deed is a formal document which explicitly makes clear that it is intended
to be a deed, is signed by the person making it in the presence of a witness
who attests the signature, and is delivered as a deed
contracts for the sale of land, or an interest in land, p. 9↵are required to be in
writing.
1.5.2
if the holder of a particular right can refuse to release it to another person in return
for a payment of money, then this is analysed as being a property right. If,
however, that other person may, on the payment of compensation, the level of that
