Welcome to our introduction to Land Law. Land law is the branch of law that deals with rights, interests, and obligations related to land. It governs who owns land, what rights people have over it, how land can be bought and sold, and how it can be used. The key elements of land law include ownership or title to land, various rights and interests that can exist over land, regulations for land transactions, rules about land use and planning, and mechanisms for resolving disputes over land.
In land law, there are two primary types of ownership: freehold and leasehold. Freehold ownership represents absolute ownership of land with no time limit. Freeholders own both the land and any buildings on it indefinitely, can make changes to the property subject to planning laws, and can pass the property to heirs. Leasehold ownership, on the other hand, is a temporary right to occupy land or property for a fixed period. Leaseholders effectively rent the property for a set term, which can range from a few years to 999 years. They typically pay ground rent to the freeholder and have more limited rights regarding property modifications.
Land law recognizes various rights and interests that can exist over land beyond simple ownership. Easements are rights to use another person's land for a specific purpose, such as a right of way to cross their property. Covenants are promises regarding land use that bind future owners, like restrictions on building height or commercial activities. Mortgages represent security interests in land for loan repayment, allowing banks to repossess property if loans aren't repaid. Licenses are personal permissions to use land for specific purposes, such as parking or recreation, but don't create property rights and can typically be revoked. These different interests allow for flexible use of land while balancing the rights of various parties.
Land transactions involve the transfer of ownership or creation of interests in land, and typically follow a structured process. First, there's an investigation of title, where the buyer verifies the seller's ownership rights and any existing encumbrances on the property. Next comes contract exchange, where parties enter into a legally binding agreement to transfer the land. The third step is completion, where payment is made and legal title transfers to the buyer. Finally, the transaction must be registered in the official land registry. Land registration systems provide public records of ownership and protect buyers by ensuring legal certainty. These systems vary by jurisdiction but serve the common purpose of documenting who owns what land and what rights exist over it.