Property in land

  • Created by: jesskeayy
  • Created on: 04-05-19 18:48
View mindmap
  • Property in land
    • 'Property' is the word best used to describe particular concentrations of power over things and resources.
    • Property as a fact
      • Common law tradition cares little for granted/ abstract theories of ownership, preferring to look more at the organic facts of human behaviour
        • Property in land is more about fact than right; derives from 'words upon parchment'
      • Expressed a visceral insight into current balance of human power relationships in respect of land
      • Copeland v Greenhalf
      • Reilly v Booth: unrestricted used of land beyond all question passes the property or ownership in that land, and there is no easement known to law giving exclusive use of a piece of land
        • It's not an easement in this case, it's property that passes
      • Street v Mountford: if agreement satisfies all requirements of a tenancy, the agreement has produced a tenancy and parties can't alter the effect of the agreement
        • Cannot be argued to be a licence
      • Antoniades v Villers: where language of licence contradicts the reality of the lease, the facts prevail. Facts must prevail over language
      • Powell v McFarlane: showing possession: 1. factual element: must be shown the alleged possessor has been dealing with the land
        • 2. Mental element: intention to exclude the world and owner with the title if he isn't the possessor, as far as is reasonably practical and the law will allow
      • To have property in land is to stake a claim that one has some significant self-containing connection with the land. The land is some measure of one's personality/ autonomy
        • To arrogate a form of sovereignty over the land and allege that the land provides a significant psychological/ religious security
    • Property as a right
      • Feudal system of holding rights in land, which, even today means in some sense, no one owns land except the crown
        • Everyone merely 'holds' land. One can only hold an estate in land
        • Rights last for a period of time and the land can be reverted to the crown- escheat
      • Shows need for strict definite boundaries: National Provincial Bank v Ainsworth
      • Need for definitional clarity in relation to: 1. the need to be able to ascertain duration of a lease from beginning of the lease
        • 2. characteristics of easements- ensure vague rights do not affect purchasers of land, preventing a reduction of marketability of the land
    • Property as a responsibility
      • English law has tended not to define the content of what it means to hold an estate in land, instead focussing on how long each estate lasts for
      • Land is subject to regulatory controls e.g. in relation to urban planning, conservation of natural resources; all requiring land users to behave in particular ways
      • To 'own an estate' means to have some power over it, granting owners rights to act in certain ways to do with public interest
      • Cannot change the use of land, without planning permission in most cases
      • Having property just means having a temporary licence from the state to do certain things on land. State can change terms as they see fit
      • Infrastructure Act 2015: land registration, carbon emissions, fracking and non-native invasive species
        • Non-native species: any plant or animal listed in sch.9 Wildlife & Countryside Act 1981. Or animals not included in GB, but have been introduced to GB due to human activity
          • Not incl. species as a result of climate change
            • Invasive- likely to have adverse impact on biodiversity, environmental interests or society
            • Environmental impact- disruption to ecosystems and habitats of native species
              • Economic impact: cost £1.7bn a year, Japanese Knotweed accounts for £165m/year of that
        • Fracking: allows fracking under people's land without permission, protects landowners from liability for land damage and regulates company payments for use of land

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Land Law resources »