Land Law
Land Law is the broadest FLK2 topic. It covers the principles governing ownership, use, and disposition of land in England and Wales. The Law of Property Act 1925 and the Land Registration Act 2002 are the central statutes. Key areas: the distinction between legal and equitable interests, registered and unregistered land, co-ownership (joint tenancy vs tenancy in common), easements, restrictive covenants, and mortgages. Property Practice (the other FLK2 topic) is the practical application of many of these principles.
Practise Land Law questions →What FLK2 tests in Land Law
Legal and Equitable Estates and Interests
s.1 Law of Property Act 1925: only two legal estates — the fee simple absolute in possession (freehold) and the term of years absolute (lease). Only five legal interests: easements, profits, charges by way of legal mortgage, rentcharges, rights of entry. All other interests must exist in equity (e.g. restrictive covenants, estate contracts, resulting trusts, constructive trusts).
Registered Land
Land Registration Act 2002: the register is conclusive as to title. Three registers: Property Register, Proprietorship Register, Charges Register. Registrable dispositions (transfers, leases over 7 years, legal mortgages) must be completed by registration to take effect at law. Overriding interests (Sch.1 and Sch.3 LRA 2002): bind the registered proprietor without appearing on the register — notably actual occupation (Sch.3, para 2).
Co-ownership: Joint Tenancy and Tenancy in Common
Joint tenancy: four unities (possession, interest, title, time); no separate share; right of survivorship (jus accrescendi). Tenancy in common: distinct share; no right of survivorship; can hold different proportions. Severance of joint tenancy: (1) unilateral written notice (s.196 LPA 1925); (2) mutual agreement; (3) course of dealing — converts to tenancy in common (Burgess v Rawnsley).
Easements
Four characteristics (Re Ellenborough Park [1956]): dominant and servient tenement must exist; easement must accommodate the dominant land; both must be owned by different persons; the right must be capable of forming the subject matter of a grant. Creation: express (deed), implied (necessity, common intention, s.62 LPA 1925), prescription (lost modern grant, common law, statutory). Extinguishment: unity of ownership, release, abandonment.
Restrictive Covenants
Can only run with land in equity (Tulk v Moxhay [1848]). Four conditions for burden to pass in equity (Haywood v Brunswick [1881] as refined): must be negative; must benefit the dominant land; original covenantor must intend burden to run; must be registered. Benefit runs automatically if it "touches and concerns" the land. Discharge: Lands Tribunal can modify or discharge under s.84 LPA 1925.
Mortgages
Legal mortgage: charge by deed expressed to be by way of legal mortgage (s.85 LPA 1925 — no longer a long lease). Equity of redemption: equitable right to redeem even after the legal date. Unconscionable collateral advantages (Noakes & Co v Rice). Mortgagee's remedies: possession, appointment of receiver, power of sale (s.101/103 LPA 1925), foreclosure. Duty of care in exercising power of sale (Downsview Nominees).
Key cases
The cases most commonly tested in SQE1 MCQs for Land Law.
Exclusive possession for a term at a rent creates a lease regardless of the label the parties give the agreement.
A beneficiary in actual occupation has an overriding interest binding on a registered proprietor.
Set out the four characteristics that a right must have to be capable of being an easement.
A negative covenant can bind successive owners of land in equity if they had notice of it.
A joint tenancy can be severed by mutual agreement, even if that agreement is not specifically enforceable.
Other FLK2 topics
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