The common law of england and wales is one of the major global legal traditions. So the land registration act 2002 is the statute that governs registered land. An introduction to land law types of proprietory rights distinction between legal and equ. The study of land law is also often portrayed as dull. Introduction content 16102015 jamaludin yaakob 2 introduction governing law torrens system national land code 1965 land administration elements of land law introduction to the course 3. This module will examine the different interests that a person may have in land and how the law seeks to resolve conflicts through statute, common law and equity. Tort law, contract law, property, constitutional law, criminal law, and civil procedure. Oct 16, 2015 introduction content 16102015 jamaludin yaakob 2 introduction governing law torrens system national land code 1965 land administration elements of land law introduction to the course 3. Oct 09, 2016 introduction to land law online law education.
Learn introduction to english common law from university of london. At the end of this section, you should be comfortable applying the common law principles and tests to objects in order to establish what on land constitutes a fixture or a chattel. English land law transformed from the industrial revolution and over the 19th century, as the political power of. Land law in this country was finally simplified by a series of acts passed at the end of the 19th century and the first part of the 20th century, culminating in the law of property act 1925. Introduction to land law of malaysia linkedin slideshare. The rules of land law are numerous, complex, and in some cases. The hualapai land case and the birth of ethnohistory, new haven. A landowners rights in the airspace above his land is restricted to such height as is necessary for the ordinary use and enjoyment of his land and the structures upon it per griffiths j. Roger smiths introduction to land law presents a straightforward account of the law and its effects, giving a clear and accessible explanation of concepts. Jul 06, 2012 buy introduction to land law 3rd revised edition by simon gardner, emily mackenzie isbn. There are also no up to date english language publications with respect to private law, criminal law or public law in cambodia. Introduction introduction 16102015 jamaludin yaakob 3 construction works are normally associated with development projects carried out on land. Land law is part of property law, where property can be defined in this context as the condition of being owned by way of a legal relationship.
Concise and highly readable, it covers the main points of land law found in the syllabuses of law schools. This mooc will give you an introduction to this influential legal system including its history. Land law is a fascinating and challenging subject, involving profound questions about the way we choose to live our lives, for land is vital for human life. The history of english land law can be traced into roman times, and through the dark ages under saxon monarchs where, as for most of human history, land was the dominant source of personal wealth. This module will examine the different interests that a person may have in land and how the law seeks to resolve conflicts through statute, common. English land law transformed from the industrial revolution and over the 19th century, as the political power of the landed aristocracy diminished, and modern. Torrens title land torrens land transfer of land act 1958 vic.
English land law was received here together with other english law and doctrines by virtue of the second charter of justice 1826. Introduction to cambodian environmental law chhin nith, soth sangbonn. This section begins by defining a chattel and fixture in more detail, before introducing the twostage gravity test in hellawell v eastwood. Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. Too frequently those who find success in working out how the law operates in other areas find themselves defeated by land law. Land law introduction to land law land law is part of property law, where property can be defined in this context as the condition of being owned by way of a legal relationship. The rules of land law are numerous, complex, and in some cases baffling to students and the study of land law is also often portrayed as dull. It was, however, applied subject to such local modifications that. This book is intended primarily as an undergraduate teaching tool in land law.
The rules of land law are numerous, complex, and in some cases baffling to students. In any society, even our technological, highspeed one, the use of land is of the utmost importance. This mooc will give you an introduction to this influential legal system including its history, constitutional background, sources and institutions. While not intended as a comprehensive textbook, it provides both. Writing about the law of property, even the great jurist blackstone apparently succumbed to the depressing conclusion. Download citation an introduction to land law this book is intended primarily as an undergraduate teaching tool in land law. An introduction to land law, book by simon gardner. Learn an introduction to american law from university of pennsylvania. Introduces students to the law relating to interests in real property by presenting an overview of the history of land law from its beginnings in mediaeval england to present day australia. For a basic introduction, see land the history of english land law can be traced into roman times, and through the dark ages under saxon monarchs where, as for most of human history, land was the dominant source of personal wealth. Concise and highly readable, it covers the main points of land law found in the syllabuses of law schools in england and wales.
Roger smiths introduction to land law presents a straightforward account of the law and its effects, giving a clear and accessible explanation of concepts students often find difficult to grasp. The land registration act 1925 was a big step towards a nationwide system of registration. Buy introduction to land law 3rd revised edition by simon gardner, emily mackenzie isbn. In essence, a trustee chiefly holds property for beneficiaries of a trust and is obligated to carry out their duties as confined within the law. The lecturecast will also start to examine the concepts of legal and equitable interests in land. It is that part of the general law which governs the allocation of rights and responsibilities in relation to real or immoveable property. General law land property law act 1958 vic formalities required for the creation of legal interests in general law. Riparian refers to the land by a stream or a river and riparian rights refer to the rights of a landowner who holds this. This course will give you a glimpse into six different areas of american law. Minor interests and overriding interests introduction. There are also no up to date english language publications with respect to private law, criminal law or public law. While not intended as a comprehensive textbook, it provides.
It looks to facilitate how an owner of land may use it or moderate how others do so. Land law, a bit of history, and the two estates in land. A landowners rights in the airspace above his land is restricted to such height as is necessary for the ordinary use and enjoyment of his land and the structures upon it per. It addresses most of the main rules of the subject as covered by.
Land under the general law system of land title is referred to as general law land, or old title land or common law land. Land law takes into account new case law that has helped to clarify matters as disparate as. Introduction to land law and types of proprietary right. Reviews an introduction to land law is impressively written and one of the best introductory texts to this difficult area of law. Introduction to land law characterisation of interests in land general law and torrens title. Introduction to law is designed to give students an overview of the law and the legal system. Lawyers looking for an accessible consideration of land law, whether at an undergraduate level or in practice, should not be without an introduction to land law. Topic 1 introduction to land law characterisation of interest in land there are two systems of land registration in australia. English land law transformed from the industrial revolution and over the 19th century, as the political power of the landed aristocracy diminished, and modern legislation increasingly made land a. Most third party rights against a registered estate are either overriding or minor interests. This section and its proceeding pages will consider the structure of modern land law, its main inconsistencies and the two. An introduction to land law, hart publishing, 2007.
It illuminates the interesting and thoughtprovoking issues stemming from land law. This provided for the english doctrines of tenure and estates and other real property concepts to apply in singapore. Too frequently those who find success in working out how the law operates in other areas of law find themselves defeated by land law. While not intended as a comprehensive textbook, it. Roger j smith introduction to land law presents a clear and accessible explanation of this often difficult to grasp subject, introducing students to some of the critical issues they must engage with throughout. This has now been replaced by the land registration act 2002, which has made a significant step towards nationwide registration.
Dec 20, 2015 lxeb2112 land law i 20152016 semester 1 1 introduction 1. Introduction to land law characterisation of interests in land general law and torrens title land there are two systems of land registration in australia. Introduction to land law 3e roger smiths introduction to land law presents a straightforward account of the law and its effects, giving a clear and accessible. Everyday low prices and free delivery on eligible orders. Seminar 1 introduction to land law land law 08 21215 studocu. Youll learn about the different ways in which laws are made and interpreted, the english court system and the. Sep 17, 2007 gardner, simon, an introduction to land law. Encumbrance on the land rights of one, such as an easement, may.
We hope that this introduction will not only be helpful for foreign readers, but also for cambodian readers who might study law in english language courses, or who. Water rights in most of the eastern and midwestern united states fall under riparian law. Psm 8 basic principles of property law in sa 4 of 50 module content 1 introduction 1. It intends to familiarise students with the way in which these interests in real property are transferred.
Gardner and mackenzies an introduction to land law has been widely acclaimed by students and teachers for the distinctively informative and stimulating way. It concludes that power had certainly an effect on the normal conduct of affairs concerning landholding and law, but the use of power to flout the workings of law and justice was condemned. The lecturecast will provide an introduction to land law, provide a definition of land for the purposes of land law and look at some of the historical background to modern land law. Introduction to the land law of cambodia hel chamroeun3 14. The portuguese civil code follows the structure of the bgb. Under this act, as set out in section 1, there can only be two types of legal estates in land. Land use agreements, including renting, are an important intersection of property and contract law. Introduction to land law 3e roger smiths introduction to land law presents a straightforward account of the law and its effects, giving a clear and accessible explanation of concepts students often find difficult to grasp. Lawyers looking for an accessible consideration of land law, whether at an undergraduate level or in practice, should not be without an introduction to.
In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Minor interests and overriding interests introduction welcome to the second lesson of the fourth topic in this module guide registration of title. This course will provide students with an overview of legal concepts, procedures, terminology and current issues in law including constitutional law, administrative law, criminal law, contracts, family law, renters and landlords, real estate. This section begins by defining a chattel and fixture in more detail, before introducing the. Mar 15, 2007 the rules of land law are numerous, complex, and in some cases baffling to students and the study of land law is also often portrayed as dull.