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Title:[Modern law of real property]
Cheshire and Burn's modern law of real property / E.H. Burn, J. Cartwright.

Author/Creator:Burn, E. H. (Edward Hector), 1922-

Other Contributors/Collections:Cartwright, John, 1957-

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Location:LAW LIBRARY (level 3)Where is this?
Call Number: KD829 .C45 2011
Number of Items:1
Status:Available

Library of Congress Subjects:Real property--Great Britain.

Edition:18th ed.

Description:cxliv, 1,206 p. ; 25 cm.

Notes:Includes bibliographical references pages [1167]-1206 and index.

ISBN:9780199593408 (pbk. : alk. paper)

Contents:Machine generated contents note: pt. I INTRODUCTION
1. Introduction To Land Law
I. Property Rights
A. Property Rights and Personal Rights
B. Third Parties and Property Rights
II. Real Property
III. Meaning of Land
A. Distinction between Corporeal and Incorporeal Hereditaments
B. Fixtures
IV. Development of Modern Land Law
A. Feudal Basis of Land Law. Tenures and Estates
B. Significance of Possession within the Land Law
C. Common Law and Equity
D. Legislative Reforms of Nineteenth Century and the Impetus to the 1925 Reforms
E. Law of Property Act 1922. Assimilation of Real and Personal Property
F. Legislation of 1925. Consolidating Acts
G. Further Developments in 1996 and 2002
V. Outline of Rights in Land and their Creation and Transfer
A. Estates and Interests in Land
B. Creation of Estates and Interests
C. Transfer of Estates and Interests
VI. Land Law and Human Rights
pt. II MODERN LAW IN HISTORICAL CONTEXT
A. Origins Of The Modern Law
2. Common Law System
I. Doctrine of Tenure
A. Feudalism in Europe
B. Feudalism in England
C. Forms of Tenure
II. Doctrine of the Estate
A. Seisin. Possession not Ownership
B. Features of the Doctrine of the Estate
C. Leasehold Interest. Term of Years
D. Classification of Property
3. Modification Of The Common Law By Equity
I. Disadvantages Incidental to the Common Law Tenures
A. Conveyances were Required to be Public and Formal
B. Types of Interests were Strictly Limited
C. Tenant at Common Law could not Devise his Freehold Estate
D. Tenant at Common Law was Liable to Certain Onerous Feudal Incidents
II. Disadvantages of Common Law Tenures Avoided by the Device of Putting Lands in Use
A. Origin and Effect of Putting Lands in Use
B. Creation of the Distinction Between the Legal and the Equitable Estate
C. Advantages of Putting Lands in Use
D. Influence of Common Law Doctrines on the Use
E. Later History of Uses and the Rise of the Modern Trust Estate
III. Essential Difference Between the Legal and the Equitable Estate
A. Nature of the Trust Estate
B. Difference between Legal and Equitable Estate
C. Doctrine of the Bona Fide Purchaser for Value of the Legal Estate Without Notice
D. Other Forms of Equitable Interests
4. Settlements Before 1926
I. Strict Settlement
A. Form of Settlement
B. Disadvantages of Settlement
C. Statutory Reform
II. Trust for Sale
III. Summary of the Two Methods of Settling Land before 1926
B. Modern Law
5. Simplification Of The Law: 1925, 1996 And 2002
I. Simplification of the Law of Real Property in 1925
A. Reduction of Tenures to One Common Form
B. Assimilation of Real and Personal Property Law
C. Abolition of Certain Anachronisms
II. Simplification of Conveyancing in 1925, 1996 and 2002
A. Contract before Conveyance
B. Unregistered Conveyancing
C. Registered Conveyancing
D. Comparison of Unregistered and Registered Systems in the Modern Law
pt. III ESTATES AND INTERESTS IN LAND
A. Freehold Estates
6. Estate In Fee Simple Absolute In Possession
I. Definition
A. Fee Simple
B. Absolute
C. In Possession
II. Mode of Creation
A. Words of Limitation
B. Voluntary Conveyance
C. Registered Land
III. Legal Position of a Tenant in Fee Simple
A. Extent of Ownership
B. Restrictions on Ownership
7. Commonhold
I. Nature of Commonhold
II. Aims of the Legislation Introducing Commonhold
III. Commonhold Scheme
A. Commonhold Land
B. Registration of the Title to Commonhold Land
C. Commonhold Association
D. Commonhold Community Statement
E. Transfer of Commonhold Units
F. Leases and Charges of Commonhold Units
G. Termination of Commonhold
B. Leasehold Estates
8. General Characteristics And Creation Of Leases
I. General Characteristics of a Lease
A. Terminology
B. Lease as an Estate or Interest in Land. Legal and Equitable Leases
C. Lease as a Contract
D. Essentials of a Lease
E. Right to Exclusive Possession
F. Term
II. Tenancies at Will and at Sufferance, Periodic Tenancies and Tenancies by Estoppel
A. Tenancy at Will
B. Tenancy at Sufferance
C. Tenancy from Year to Year and Other Periodic Tenancies
D. Tenancy by Estoppel
III. Creation of a Lease
A. Contract for a Lease
B. Lease
9. Covenants In Leases
I. Rights and Duties of Landlord and Tenant
A. Position where there are no Express Covenants or Conditions
B. Position where there are Express Covenants and Conditions
II. Remedies of the Landlord for the Enforcement of the Covenants
A. Covenant to Pay Rent
B. Covenants Other than the Covenant to Pay Rent
III. Effect of Assignment on Covenants
A. Covenants in Leases Granted Before 1996
B. Covenants in Leases Granted After 1995
10. Termination Of Leases And Recovery Of Possession By The Landlord
I. Termination of a Lease
A. Effluxion of Time
B. Termination by Notice
C. Forfeiture
D. Repudiation
E. Surrender
F. Merger
G. Enlargement
H. Frustration
I. Effect of Termination of Head Tenancy on Sub-Tenancy
J. Termination of Tenancy at Will
II. Recovery of Possession by the Landlord
A. Re-entry by the Landlord
B. Leases of Dwellings. Requirement of Court Order to Recover Possession
C. Criminal Offences of Unlawful Eviction and Harassment
D. Damages for Unlawful Eviction or Harassment
E. Impact of the Human Rights Act 1998 on the Landlord's Claim for Possession
11. Statutory Codes For Special Leases
I. Private Residential Lettings
A. Assured Tenancy
B. Assured Shorthold Tenancy
C. Control of Rent
D. Security of Tenure
II. Public Sector Housing. Secure Tenancy
A. Definition of a Secure Tenancy
B. No Control of Rents
C. Security of Tenure
D. Demoted Tenancy
E. Introductory Tenancy
F. Succession
G. Right to Buy
III. Long Tenancies
A. Leasehold Reform Act 1967
B. Landlord and Tenant Act 1954, Part I. Local Government and Housing Act 1989
C. Leasehold Reform, Housing and Urban Development Act 1993
D. `Right to Manage'
IV. Business Tenancies
A. Qualifying Tenancy
B. Exclusions
C. Security of Tenure and Rent
V. Agricultural Tenancies
A. Agricultural Holdings
B. Farm Business Tenancies
VI. Residential Flats. Tenants' Rights of First Refusal
VII. Law Reform
C. Equitable Beneficial Interests In Land
12. Strict Settlement And The Trust For Sale Before 1997
I. Strict Settlement
A. Definition of a Settlement under the Settled Land Act 1925
B. Machinery of a Settlement after 1925
C. Tenant for Life
D. Trustees of the Settlement
E. Capital Money
II. Trust for Sale Before 1997
A. Definition of a Trust for Sale
B. Doctrine of Conversion
C. Powers of the Trustees for Sale
D. Statutory Trusts for Sale
III. Defects in the Dual System of Settlements
13. Trust Of Land
I. Trust of Land
A. No New Strict Settlements after 1996
B. Meaning of Trust of Land
II. Functions of Trustees of Land
A. General Powers
B. Exclusion and Restriction of Powers
C. Delegation by Trustees
III. Beneficiaries Under a Trust of Land
A. Consents
B. Consultation with Beneficiaries
C. Rights of Occupation
IV. Protection of Purchasers
A. Overreaching
B. Limitation on Powers and Consent Requirements
C. Deed of Discharge
V. Powers of the Court
A. General
B. Bankruptcy
14. Concurrent Interests
I. Concurrent Ownership at Law and in Equity
A. Several and Concurrent Ownership
B. Co-ownership at Law and in Equity
II. Forms of Concurrent Ownership
A. Joint Tenancy
B. Tenancy in Common
III. Concurrent Interests in the Modern Law
A. Conveyancing Difficulties Before 1926
B. Scheme of the 1925 Legislation and the Trusts of Land and Appointment of Trustees Act 1996
IV. Establishing the Beneficial Interests
A. Express, Constructive and Resulting Trusts
B. Family Home
V. Party walls
15. Future Interests. The Rules Against Perpetuities And Accumulations Of Income
I. Future Interests and the Problem of Perpetuity
A. Future Interests
B. Application of the Modern Rule against Perpetuities. Effect of the Legislation of 1925
II. Modern Rule Against Perpetuities
A. Three Rules Against Perpetuities
B. Rule Applicable to Instruments Taking Effect Before 16 July 1964: the Common Law
C. Rule Applicable to Instruments Taking Effect After 15 July 1964 but Before 6 April 2010: the Perpetuities and Accumulations Act 1964
D. Rule Applicable to Instruments Taking Effect After 5 April 2010: the Perpetuities and Accumulations Act 2009
III. Rule Against Accumulations of Income
A. Rule Applicable to Instruments Taking Effect Before 6 April 2010
B. Rule Applicable to Instruments Taking Effect After 5 April 2010
16. Entailed Interests And Life Interests
I. Entailed Interests
A. History
B. Creation of Entailed Interests
C. Entailed Interests After 1925
D. No New Entailed Interests After 1996
II. Life Interests
A. Life Interests in the Modern Law
B. Classes of Life Interests
Contents note continued: C. Rights and Obligations of a Tenant for Life
17. Determinable Interests And Interests Upon Condition Subsequent
I. Determinable Interests
A. Definition and Terminology
B. Determinable Fee Simple
C. Determinable Life Interest
D. Determinable Term of Years
II. Interests upon Condition Subsequent
A. General Nature and Effect
B. Void Conditions
D. Other Legal And Equitable Interests In Land
18. Easements And Profits
I. Easements and Profits as Property Rights
II. Easements
A. Nature of Easements
B. Easements Distinguished from Other Rights
C. Legal and Equitable Easements
D. Acquisition of Easements
E. Extent of Easements
F. Running of the Benefit and the Burden of an Easement
G. Remedies for Infringement of an Easement
H. Extinguishment of Easements
III. Profits a Prendre
A. Nature of Profits a Prendre
B. Classes of Profits a Prendre
C. Legal and Equitable Profits a Prendre
D. Acquisition of Profits a Prendre
E. Running of the Benefit and the Burden of a Profit a Prendre
F. Extinguishment of Profits a Prendre
IV. Rights in the Nature of Easements and Profits a Prendre Acquired by Fluctuating and Undefined Classes of Persons
A. Rights in the Nature of Easements
B. Rights in the Nature of Profits a Prendre
V. Law Reform
19. Covenants
I. Introduction
II. Defendant Must Have the Burden of the Covenant
A. Burden does not Run with the Land at Common Law
B. Burden of a Restrictive Covenant may Run with the Land in Equity
III. Claimant Must Have the Benefit of the Covenant
A. Enforcing the Covenant as an Original Beneficiary
B. Enforcing the Covenant as a Successor at Common Law
C. Enforcing the Covenant as a Successor in Equity
IV. Remedies for Breach of Covenant
A. Positive Covenants
B. Restrictive Covenants
V. Discharge and Modification of Restrictive Covenants
A. Position at Common Law
B. Section 84 of the Law of Property Act 1925
C. Housing Act 1985
D. Town and Country Planning Act 1990
VI. Law Reform
VII. Covenants and Planning
20. Rentcharges
I. Nature of a Rentcharge
A. Origin and History
B. Legal and Equitable
C. Rentcharge on a Rentcharge
II. Examples of Rentcharges
A. Sale of Land
B. Secured Family Annuities
C. Positive Covenants
III. Rentcharges Act 1977
IV. Creation of a Rentcharge
A. By Instrument Inter Vivos
B. By Will
C. By Statute
D. Registered Land
V. Remedies for the Recovery of a Rentcharge
A. Distress
B. Entry upon the Land Charged
C. Lease to Trustees
D. Action for Payment
VI. Extinction of a Rentcharge
A. Release
B. Merger
C. Lapse of Time
D. Statute
21. Mortgages
I. Introduction
II. Creation of Mortgages
A. Modern Law in Historical Perspective
B. Methods of Creating Mortgages Today
III. Rights of the Mortgagor
A. Equity of Redemption
B. Rights of a Mortgagor who Remains in Possession
IV. Rights of the Mortgagee
A. Rights of Legal Mortgagee
B. Rights of Equitable Mortgagee
V. Priority of Mortgages
A. Priority of Mortgages Before 1926
B. Priority of Mortgages After 1925
VI. Law Reform
A. Law Commission Report on Land Mortgages 1991
B. Limitation of Actions
22. Equities And Proprietary Estoppel
I. Mere Equities
A. Nature of an Equity
B. Proprietary Characteristics of Equities
II. Proprietary Estoppel
A. Different Forms of Estoppel
B. Development of Proprietary Estoppel
C. Modern Law of Proprietary Estoppel
D. Limits of Proprietary Estoppel
E. Proprietary Estoppel as an Interest in Land
E. Licences
23. Licences
I. Licensee at Common Law
A. Bare or Gratuitous Licence
B. Licence Coupled with a Grant or Interest
C. Contractual Licence
D. Remedies for Wrongful Revocation
II. Contractual Licence: the Intervention of Equity
III. Contractual Licence and Third Parties
IV. Licence Protected by Constructive Trust
V. Licence Protected by Proprietary Estoppel
A. Doctrine in Outline
B. Illustrations of the Remedies Available to Protect Licensee
C. Third Parties
D. Termination of Licence
VI. Conveyancing Difficulties
pt. IV CREATION, TRANSFER AND EXTINCTION OF ESTATES AND INTERESTS IN LAND
24. Contract
I. Formation of the Contract
A. Pre-contract Enquiries and Disclosure
B. Terms of the Contract. `Open Contract' and Special Conditions of Sale
C. Negotiations or Agreement `Subject to Contract'
D. Lock-out Agreement
E. Exchange of Contracts
II. Formalities Required for Contracts for the Sale or Other Disposition of an Interest in Land
A. Contracts Made Before 27 September 1989. Evidence of Contract
B. Contracts Made After 26 September 1989. Requirement of Writing
III. Effect of Contract
A. Contract Equivalent to Conveyance in Equity. The Doctrine of Walsh v Lonsdale
B. Contract of Sale. Vendor as Trustee for Purchaser
C. Registration of Contract
IV. Option to Purchase and Right of Pre-emption
A. Option to Purchase
B. Right of Pre-emption
V. Remedies of Parties to the Contract
A. Remedies Relating to the Formation of the Contract
B. Remedies for Breach of Contract
25. Formalities Required For The Creation And Transfer Of Estates And Interests In Land
I. Introduction
II. Formalities
A. Formalities for the Creation and Transfer of Legal Estates and Interests
B. Formalities for the Creation and Transfer of Equitable Interests
III. Failure to Comply with the Required Formalities. The Informal Creation of Interests in Land
A. General
B. Doctrine of Walsh v Lonsdale
C. Resulting or Constructive Trust
D. Proprietary Estoppel
26. Capacity To Acquire, Hold And Transfer Estates And Interests In Land
I. Minors
A. Terminology. `Infant' and `Minor'
B. Definition of Minority
C. Minor May Not Hold Legal Estate
D. Acquisition and Alienation by Minor of Equitable Interests in Land
E. Management of Minor's Property
II. Married Women
A. Common Law
B. Equity
C. Statute
D. Modern Law
III. Persons Lacking Mental Capacity
A. Jurisdiction
B. Definition of Lack of Capacity
C. Decisions Taken by the Court or a Deputy Appointed by the Court
D. Lasting Power of Attorney
IV. Corporations
A. Nature of Corporations
B. Classification of Corporations
C. Methods of Creation
D. Doctrine of Ultra Vires
E. Capacity to Deal with Land
V. Charities
A. Restrictions on Disposition
B. Exempt Charities
27. Unregistered Conveyancing
I. Introduction
II. Stages in a Conveyancing Transaction
A. Delivery of Abstract
B. Perusal of Abstract
C. Conveyance
III. Rights and Duties of the Parties
A. Rights and Duties under an Open Contract
B. Contracts Containing Special Stipulations
IV. Conveyance
A. Necessity for a Deed
B. Conveyance by a Person to Himself
C. Form of a Deed of Conveyance on Sale
V. Priority of Competing Interests in Unregistered Land
A. Protection of Interests by Registration
B. Overreaching
28. Registered Conveyancing
I. Introduction
II. Register
A. Scope of Title Registration
B. Arrangement of the Register
C. Inspection of the Register
III. First Registration of Title
A. Compulsory Registration
B. Voluntary Registration
C. Demesne Land of the Crown. Special Rules
D. Classes of Title
E. Cautions Against First Registration
IV. Conclusiveness of the Register. Alteration and Rectification
A. Rectification under the 1925 Act
B. Alteration and Rectification under the 2002 Act
C. Indemnity
V. Dispositions of Registered Land
A. Owners Powers in Relation to a Registered Estate
B. Machinery of Transfer of Registered Land
VI. Priority of Competing Interests in Registered Land
A. Basic Rule: Date of Creation
B. Exceptions to the Basic Rule
C. Protection of Interests by Entry on the Register
D. Overriding Interests
E. Overreaching
VII. Electronic Conveyancing
29. Extinction Of Estates And Interests In Land
I. Merger
A. Meaning of Merger
B. Merger at Common Law
C. Merger in Equity
II. Adverse Possession
A. Significance of Possession in the Modern Law
B. Lapse of Time, Prescription and Limitation of Actions
C. Unregistered Land. Limitation Act 1980
D. Registered Land. Land Registration Acts 1925 and 2002
E. Adverse Possession and Human Rights.

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