Introduction to Land Law

• Land law can also refer to property law.

  • However land law refers to land as a special kind of property which is distinguished from other kinds of property e.g. personal property.
• Proprietary rights also exist within land law.

  • The difference between personal and proprietary rights is key to land law.
• Proprietary Rights

  • The ability to identify a proprietary rights allows the owner of that right to enforce action against the previous owner of the right and in some circumstances third parties.
  • They are seen as rights in the land itself i.e. in rem.
• Personal rights in land law are referred to as rights in personam
• When you buy a property you do not own the land.
• Who actually owns land?

  • In England and Wales land ownership is technically the remit of the Crown.
  • Only the Crown can own land.
  • This means that all property brought is not necessarily a transfer of ownership.
• Individuals don't actually have ownership of the land.

  • They own estates in the land in question.
• There are two categories of estate:

  1. Freehold Estate
  2. Leasehold Estate
• Freehold Estate

  • The individual is the owner of the property in the same way as any other kind of property.
• Leasehold Estate

  • Gives the rights of a freehold estate but only for a limited amount of time.