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Principles of

Land Law

Fourth Edition

Cavendish

Publishing

Limited

London • Sydney

Principles of

Land Law

Fourth Edition

Martin Dixon, MA

Fellow and University Senior Lecturer in Law

Queens’ College, University of Cambridge

Cavendish

Publishing

Limited

London • Sydney

Fourth edition first published in Great Britain 2002 by Cavendish Publishing Limited, The Glass House, Wharton Street, London WC1X 9PX, UnitedKingdom

Email: info@cavendishpublishing.com

Website: www.cavendishpublishing.com

© Dixon, Martin 2002

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except under the terms of the Copyrights Designs and Patents Act 1988 or under the terms of a licence issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1P 9HE, UK, without the prior permission in writing of the publisher.

Dixon, Martin

Principles of land law—4th ed—(Principles of law series)

1 Land tenure—Law and legislation—England 2 Land tenure—Law and legislation—Wales

I Title

346.4'2'043

ISBN 1 85941 472 9

Printed and bound in Great Britain

PREFACE

Approaching land law can seem a daunting prospect. One major aim of this text is to dispel fears and to explain land law in an understandable and logical way. No attempt has been made to minimise the complexities of the subject simply to make it attractive or readable—for that benefits no one. Yet, the text is designed to explode the myths and mysteries of land law and substitute instead a picture that is both detailed and comprehensible. There is no denying that land law is different from other subjects, not least because its language is at first unfamiliar. But different does not mean difficult. Similarly, there is a common belief that land law is boring, not as sexy or apparently relevant as other legal disciplines! This too is misplaced, for land law remains at the heart of the legal system and is the vehicle for so much that concerns our everyday lives, both at homeandwork.Seenincontext,theissuesraisedinlandlawcanbeaschallenging and as relevant as any that any other law course has to offer.

Land law is also a subject based on principle: so Principles of Land Law is both a convenient and accurate title. The subject is like a jigsaw and this book aims to explain the principles and how they fit together to form a coherent whole. The arrangement of the chapters is intended to facilitate the growth of a steady understanding of each topic and its place within the jigsaw. There has been much important case law in recent years and important legislation reforming some of the core concepts in land law is now in place. The Land Registration Act 2002 received Royal Assent on 26 February 2002 and although it is not yet in force (that being a gradual process over the next five years), the Act changes the way we think and analyse modern land law.As it is, the subject has developed rapidly to meet the challenges of modern society and this has been reflected in the book.

Necessarily, while the author collects the criticisms that might be cast his or her way, there are many concerned with a book that deserve a share of any credit. Cavendish Publishing have been especially forgiving while the text was in preparation although I plead the Land Registration Act 2002. My wife has now given up pretending to be interested in land law but still ensures that I remain as sane as I ever was. My own students continue to be free with their advice about what they want from a text and I regard them as my most important audience.

Martin Dixon

Queens’ College, Cambridge

April 2002

vii

1AN INTRODUCTION TO MODERN

1.1THE NATURE AND SCOPE OF THE LAW OF

1.3THE LEGAL OR EQUITABLE QUALITY OF

1.3.1The origins of the distinction between

1.3.2Making the distinction between

1.3.3Section 1 of the Law of Property Act 1925: is the

1.4THE CONSEQUENCES OF THE LEGAL/EQUITABLE

ix