2 - Land Law, Common Law and Equity

Source: Unlocking Land Law

This chapter gives a good foundation to the land law and its interaction with common law and equity. After reading this topic, one should have understanding of the following:

1) History of development of common law and equity (I think that’s how QBD and Chancery courts have come into being) and interaction between these two aspects

2) Development of trust, express trust, resulting trust and constructive trust (subtle difference between these two)

3) Difference between and type of legal estates, legal interests and equitable interests, rights in rem and rights in personam

4) Effect of equitable right on third parties – meaning of bonafide purchase for value – notice requirement and types of notice. I think this is one of the most important aspect. Your knowledge should be supported by the principles laid down in viz Wilkes v Spooner.

5) Overreaching – I think this is also important. The cases to note: Williams & Glyn’s Bank, City of London Building Society, State Bank of India v Sood

6) Types of equitable interests to be registered under the Land Charges Act (Class C, D and F are important), effective of registration, Matrimonial Homes Act. Note that the registration under LCA is against the owner of the property and not against the property (because it is equitable interest and not legal interest!!). Note the principle laid down in Midland Bank Trust. Also be careful of the rights which are incapable of being registered i.e. beneficiary under a trust of land.

It is now better to skim through this and this before proceeding to the next chapter.