header-logo header-logo

16 August 2018 / Ewan Paton
Issue: 7806 / Categories: Features , Property
printer mail-detail

An easement is not an ‘estate in land’

nlj_7806_paton

Ewan Paton on a 90 year-old wrinkle in the Law of Property Act 1925

  • Considers Baker v Craggs
  • Court of Appeal re-asserts orthodox understanding of ‘estates in land’ and ‘overreaching’ under the Law of Property Act 1925.

When did you last read s 1 of the Law of Property Act 1925? You may dimly remember being taught as a student, in your first ever land law lecture, that ‘the only estates in land which are capable of subsisting or being created at law are… (a) an estate in fee simple absolute in possession [and] (b) a term of years absolute’ (s 1(1))—in other words, a freehold and leasehold.

You might then remember that the next sub-section, s 1(2) lists five other things—including easements, charges and rentcharges—as ‘interests or charges in or over land capable of subsisting or being conveyed or created at law’. So: two legal estates in land, five types of legal interests in or charges over land, and by s 1(3), all others ‘take effect

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Winckworth Sherwood—Sarbjeet Gill

Winckworth Sherwood—Sarbjeet Gill

Firm boosts real estate development team with partner hire

University of Manchester: The LLM driving tech-focused career growth

University of Manchester: The LLM driving tech-focused career growth

Manchester’s online LLM has accelerated career progression for its graduates

mfg Solicitors—Philip Chapman

mfg Solicitors—Philip Chapman

Regional firm strengthens corporate team with partner hire

NEWS
It is possible to obtain a UK patent for an artificial intelligence (AI) machine which uses artificial neural networks (ANNs), the Supreme Court has held
The current state of geopolitics is so volatile it is ‘fundamentally reshaping’ the role of general counsel, according to a report by a global network of law firms
The High Court has clarified how winding-up petitions must be served, in a decision with implications for 30,000 UK businesses using the Companies House default address for official mail
The ‘statutory remit’ of super-regulator the Legal Services Board (LSB) is to come under scrutiny in a government review
There is ‘an overwhelming operational case for a new civil justice centre in Cardiff,’ Baroness Carr, the Lady Chief Justice, has told MPs
back-to-top-scroll