Land Law -

It s difficult to visualise the big picture when studying land law for the first time. However, most land law courses can be broken down into two key parts.

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 property A may have a right of way over his neighbour`s land, property B, to access his garage.

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 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.

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 the new owner of the land? (2) What is this right in the land and how has it been created?

If you keep these two key issues in mind during your first few weeks of studying, it will help provide you with a structure on which to build your knowledge and understanding.

Finally, please play by the rules. This article is intended for study purposes and personal use only. It may not be distributed or displayed digitally for public view without my prior permission.