STEP BY STEP GUIDE- The LPA 1925, s.1 - LEGAL OR EQUITABLE? (Lecture 1) LAND LAW

For land law students (LL.B, PGDL, CILEX and similar).
Three lectures by a university law lecturer and land law tutor explaining how to work out whether a property right is legal or equitable. In this series of land law lectures on estates and interests in land I explain how you can work out whether a right in land is legal or equitable (lecture one), take you through some worked examples using the IRAC method (lecture two) and share with you some classic things students get wrong in assessments (lecture three).

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Amanda
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Part One - Let me take you through the Law of Property Act 1925, s. 1 and show you how, by breaking the section into manageable bite size pieces, you can use the statute to work out accurately whether a property right is legal or equitable. Students find statutes notoriously difficult and the LPA 1925, section 1 is no exception! It's frequently the first statutory provision students encounter when they begin studying law. No wonder land law has a reputation for being difficult!

Whether you are new to land law or consolidating your understanding to prepare for an assessment these videos are designed to help you understand AND obtain the best possible grade that you can by impressing the examiner with your detailed knowledge.

Why do I need to know?
It’s difficult to visualise the ‘big picture’ when studying land law for the first time. One of the unique features of land ownership is that individuals, who are not the ‘owners’ of the land, can nevertheless enjoy ‘rights‘ over it. These are referred to collectively as ‘third party rights.’ An example of a third party right is a right of way which is a third party right known as an ‘easement’. For example, the owner of 'Yellow Door' may have a right of way over his neighbour's land, 'Blue Door', to access his garage. It is often vital that you know whether a particular right is either legal or equitable. In fact, It is so important that many law courses cover this point first; before students can fully understand why it's so important.
The Law of Property Act 1925, s.1 is usually the first piece of 'land law' legislation students encounter and it's not easy to decipher when you are new to land law.

Most land law courses can be broken down into two key parts.

The first issue you are likely to encounter in your studies is; what happens when property B is sold? Does the owner of property A still have the right to enjoy the right of way over the land now owned by someone else? This is a core issue in the study of land law. You will discover that many rights are 'proprietary’ rights. Proprietary rights are attached to the land itself and are capable of continuing after the land changes ownership. Land lawyers refer to this is as the ‘binding’ nature rights in land. You will discover that this issue is central to the study of land law. Whether a particular right is binding on a purchaser of the land is a common feature in land law examinations. In order to work it out; you frequently need to know if the right is legal or equitable.

The second issue relates to how these rights are created. There is usually a high degree of ‘formality’ required to create proprietary rights; although this is not always the case. So you will study statutory rules and case law on the requirements which must be satisfied in order to create a new proprietary right in land. Traditionally, these rules are taught after you have studied the first issue explained above.

In summary, land law can be broken down into two main issues; (1) is this a proprietary rights which is binding on a new owner of the land? (2) What is this right in the land and how has it been created? This series of videos combines these two issues. You will see that the way a particular right is created determines whether that right is legal or equitable.

No wonder students get confused!

Please watch the videos in sequence


ABOUT ME
My videos are not sponsored. I was a full-time senior law lecturer for 25 years. I started this channel in 2019 and I am still learning!!! I hope that you find my videos helpful.

Amanda

© BiteSizeLaw Amanda Grant 2020