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Elements of Land Law

Fifth Edition


'Here is a book whose breadth of purpose and depth of learning are breathtaking.' Peter Butt, [2005] 69 Conv 363 Gray & Gray's Elements of Land Law is the definitive textbook on the subject. The book offers comprehensive coverage of the law in this area. The authors provide an insightful and thought-provoking commentary on the modern development of the subject and go on to explore how land law functions in today's society. The book includes an analysis of recent legislation and case law in England and Wales. There are also references to significant cases from Australia, New Zealand, the United States and Canada, coupled with a detailed account of reforms currently proposed by the English Law Commission. The book demonstrates a thorough understanding of the social and political context of land law and guides the reader through the sometimes difficult terminology of the subject. This fifth edition continues to balance up-to-date coverage of the key issues in land law with a critical survey of cutting-edge research. Building on the strengths of previous editions, the book ensures that excellent scholarship is accessible to an even wider readership: more chapters of shorter length offer the possibility of readers 'dipping' into topics in a non-linear way. A fresh, new format and text design support the re-structuring of content and aid navigability. Readers wanting to explore areas of interest in more depth are encouraged to do so by the exemplary footnoting and referencing.
Part 1. FUNDAMENTAL CONCEPTS 1.1. Introduction 1.2. Land 1.3. Estates and tenures 1.4. Law and equity 1.5. Property 1.6. Human rights 1.7. The organisation of proprietary interests in land Part 2. POSSESSION AND TITLE 2.1. Possession 2.2. Title Part 3. FREEHOLD OWNERSHIP 3.1. The fee simple estate 3.2. Freehold ownership of commonhold land 3.3. Enforcement of freehold covenants at law 3.4. Enforcement of freehold covenants in equity Part 4. LEASEHOLD OWNERSHIP 4.1. Definitions and characteristics 4.2. Creation, disposition and termination of leases 4.3. Leasehold obligations 4.4. Landlord's remedies for tenant default 4.5. Enforeability of leasehold covenants 4.6. Enfranchisement and the right to buy 4.7. Statutory regimes of landlord and tenant law Part 5. EASEMENTS AND PROFITS A PRENDRE 5.1. Definitions and characteristics 5.2. Creation and termination 5.3. Effect on third parties Part 6. SECURITY INTERESTS IN LAND 6.1. Mortgages and charges 6.2. Protection for the mortgagor 6.3. Protection for the mortgagee 6.4. Remedies of the mortgagee 6.5. Priority of mortgages 6.6. Rentcharges and rights of entry Part 7. BENEFICIAL OWNERSHIP 7.1. Trusts 7.2. Resulting trusts 7.3. Constructive trusts 7.4. Co-ownership 7.5. Trusts of land 7.6. Successive interests Part 8. DEALINGS AND THEIR EFFECT 8.1. Contract and transfer 8.2. Dealings with registered estates 8.3. Dealings with unregistered estates Part 9. OTHER MODES OF ACQUISITION 9.1. Adverse possession 9.2. Proprietary estoppel 9.3. Succession and donatio mortis causa Part 10. PRIVACY, ACCESS AND EXCLUSION 10.1. Trespass and privacy 10.2. Bare licences 10.3. Contractual licences 10.4. Licences coupled with an equity or a grant 10.5. Impact of licences on third parties 10.6. Limits of autonomous control over access 10.7. Civic rights of access to land Part 11. PUBLIC REGULATION OF LAND 11.1. Control of land use 11.2. Takings of land
`Review from previous edition A genuinely outstanding piece of work: enormously full and erudite but a really stimulating read, with original and critical scholarship.' Nick Jackson, Senior Lecturer, Kent Law School