Land Law — Overview
Publications
Showing all[*] publications sorted by type, then year, author, title [change this]
Showing all 25 Land Law publications currently held in our database
Change to sort them by year | title | name OR
Show only Recent | Selected publications
Journal Articles
2011
S J Bright and Nick Hopkins, 'Home, Meaning and Identity: Learning from the English Model of Shared Ownership:' (2011) 28 Housing, Theory and Society 377 [...]
DOI: 10.1080/14036096.2010.527119
This article explores the problematic nature of the label ‘home ownership’ through a case study of the English model of shared ownership, one of the methods used by the UK government to make home ownership affordable. Adopting a legal and socio-legal analysis, the article considers whether shared ownership is capable of fulfilling the aspirations households have for home ownership. To do so, the article considers the financial and non-financial meanings attached to home ownership and suggests that the core expectation lies in ownership of the value. The article demonstrates that the rights and responsibilities of shared owners are different in many respects from those of traditional home owners, including their rights as regards ownership of the value. By examining home ownership through the lens of shared ownership the article draws out lessons of broader significance to housing studies. In particular, it is argued that shared ownership shows the limitations of two dichotomies commonly used in housing discourse: that between private and social housing; and the classification of tenure between owner-occupiers and renters. The article concludes that a much more nuanced way of referring to home ownership is required, and that there is a need for a change of expectations amongst consumers as to what sharing ownership means.
ISBN: 1403-6096
2010
S J Bright and S Highmore, 'Carbon Reduction Commitment and Commercial Leases' (2010) 74 Conveyancer 430 [...]
This article discusses the complexities of accommodating CRC within commercial leaes and explores drafting responses
2009
S J Bright, 'Occupation Rents and the Trust of Land and Appointment of Trustees Act 1996: from Property to Welfare? ' (2009) 73 Conveyancer 378
2008
S J Bright, 'Drafting Green Leases' (2008) 72 Conveyancer 498 [...]
This article looks at how the commercial leasehold relationship can be operated in a manner that reduces the environmental impact of building use. It looks particularly at the role of the leasehold contract and argues that all releases can be drafted and operated in an environmentally sensitive manner.
ISBN: 0010 -- 8200
S J Bright, 'Green leases' (2008) 158 New Law Journal 1135
S Gardner, 'Family Property Today' (2008) 124 Law Quarterly Review 422
2006
S J Bright, 'Protecting the Small Business Tenant' (2006) 70 Conveyancer 137 [...]
article arguing that small business tenants needed the same kind of protection as is available to other consumers
ISBN: 0010-8200
2005
S J Bright and others, 'Personal Liability in Proprietary Estoppel' (2005) 69 The Conveyancer 14 [...]
Argues that in cases of estoppel relating to land the "representor" (A) is liable to the "representee" (B), and that this personal liability survives a transfer of the land to C.
S J Bright, 'Procuring the Notice to Quit: A Public Law Challenge' (2005) 8 Journal of Housing Law 6 [...]
Discusses the Court of Appeal case in McCann v Birmingham and asks whether the local authority's encouragement to serve a notice to quit can be challenged in public law.
ISBN: 13686542
Books
2012
S Gardner and E MacKenzie, An Introduction to Land Law (3rd edn, 2012)
2011
J Cartwright and EH Burn, Cheshire and Burn's Modern Law of Real Property, 18th edition (Oxford University Press 2011) [...]
New edition of established text on Land Law
ISBN: 978-0-19-959340-8
2009
J Cartwright and E H Burn, Maudsley & Burn\'s Land Law Cases & Materials, 9th edition (OUP 2009) [...]
Case book on Land Law
ISBN: 9780199226177
2007
W J Swadling, Property (A S Burrows, 2nd edition, Oxford University Press 2007)
2006
S J Bright, Landlord and Tenant Law. Past, Present and Future. (Hart 2006) [...]
Collection of essays edited by Susan Bright, with introduction by Susan Bright. Based on conference papers for conference held in September 2005. The conference was conceived and brought together by me to stimuate debate between academics and practitioners, and to provide a reflective look at landlord and tenant law as a whole.
ISBN: 978-1-84113-593-9
Chapters
2013
S J Bright, 'Manchester City Council v Pinnock' in N Gravells (ed), Landmark Cases in Land Law (Hart 2013) (forthcoming) [...]
This chapter explores what the case of Manchester CC v Pinnock means In terms of the rhetoric of ownership and our doctrinal thinking about property rights. It is argued that it heralds a much more contextualised understanding of what it means to assert ownership of land and of how claims for the recovery of land should be resolved. It is these dimensions that are explored in this chapter
ISBN: 9781849462570
2012
S J Bright and others, 'Evaluating Legal Models of Affordable Home Ownership in England' in T. Turnipseed (ed), Community, Home and Identity (Routledge 2012) (forthcoming) [...]
This chapter explores the legal modesl used to provide for low cost home ownership and: a) Explains the legal frameworks used to deliver the main LCHO products available in England; b) Explores the potential benefits of home ownership to the individual in the form of wealth creation, “mainstreaming” and security of place; c) Sets out key additional policy objectives of LCHO, in particular introducing and supporting tenure mix (sustainable communities) and sustaining the opportunity for continued use of the subsidy to provide access to LCHO for intermediate income households; and d) Evaluates the extent to which the different products available deliver both the individual benefits of home ownership and support the wider policy objectives.
ISBN: 9781409438540
2010
S J Bright, 'Dispossession for Arrears: The Weight of Home in English Law ' in L Fox O’Mahony and J A Sweeney (eds), The Idea of Home in law: Displacement and Dispossession (Ashgate 2010) [...]
This chapter examines whether, and if so the extent to which, the processes of dispossessing a debtor of his or her home enable weight to be attached to the importance of this home to this person. The focus is upon what will be called the ‘personal home story’.
ISBN: 978-0-7546-7947-9
2009
S J Bright, 'The limits of contractual freedom in English commercial leases' in Francoise Auque (ed), Baux commerciaux, Quel modele pour l'Europe? (Larcier 2009)
2006
W J Swadling, 'Land Burdens - An English Perspective' in S van Erp & B Akkermans (eds), Towards a Unified System of Land Burdens? (Intersentia 2006)
Case Notes
2012
A Briggs, 'Co-ownership and an equitable non sequitur' (2012) 128 Sweet & Maxwell, Law Quarterly Review 183 [...]
Comment on one, but important, aspect of the judgments in Jones v Kernott, pointing out the flaw in the application of the maxim that equity follows the law in the law of co-ownership of land.
ISBN: 0023 933X
S J Bright, 'The Uncertainty of Certainty in Leases' (2012) 128 LQR 336 [...]
This note explains the significance of the Supreme Court decision in Mexcfield v Berrisford
S Gardner and K Davidson, 'The Supreme Court on Family Homes - Jones v Kernott' (2012) 128 Law Quarterly Review 178
2006
S J Bright, 'Tolerated Trespass or A New Tenancy?' (2006) 122 Law Quarterly Review 48
2004
S J Bright, 'Unfair Terms and Unfair Allocations' (2004) Journal of Housing Law 40 [...]
Note on Court of Appeal decision in Khatun v Newham LBC
ISBN: 13686542
Courses
The courses we offer in this field are:
Undergraduate
FHS (Phase II)
The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe) and (for students who began the course in October 2011 or later) an essay in Jurisprudence written over the summer vacation at the end of the second year. Note: the Jurisprudence exam at the end of the third year is correspondingly shorter. This phase of the Final Honour School includes the third term of the first year, and all three terms of the second year.
[less]
The focus of attention within the course is on interests in land: interests which do not merely operate not merely between the parties to a particular transaction involving the land, but can also affect third parties - other people coming into contact with it, such as later purchasers. Examples of such interests are the fee simple (virtually equivalent to ownership of the land), leases, easements and mortgages. The course concerns itself with questions such as: What interests count as interests in land? How are they created? Exactly when will they affect third parties?
Land Law has a well established set of principles, often regulated by statute, to govern it. In part this is because people dealing with land need to know with certainty what the result of a particular transaction will be. Even so, there are many areas of the subject which are currently being developed by case law.
The course is not about conveyancing, the buying and selling of land. It is true, however, that in Land Law we are conscious of the needs of purchasers. Thus, for example, the circumstances in which purchasers will be bound by interests are inextricably tied in with the way land is bought and sold.Land Law covers material in the “foundations of legal knowledge” and so must be taken by those seeking a professional qualification in England and Wales. Candidates in the FHS examination must offer both Land Law and Trusts.
The subject is taught in tutorials by your college tutor. For an introduction to the subject see Simon Gardner with Emily MacKenzie, An Introduction to Land Law (Hart Publishing, 3rd edn, 2012).
[less]
FHS - Final Year (Phase III)
The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe) and (for students who began the course in October 2011 or later) an essay in Jurisprudence written over the summer vacation at the end of the second year. Note: the Jurisprudence exam at the end of the third year is correspondingly shorter. This phase of the Final Honour School includes the first and second term of the final year; the Final Examinations are taken in the third term of the final year.
[less]
Commercial Leases (not offered in 2012-13)
A majority of commercial property (shops, offices, and industrial units) is rented property. Leasehold commercial property is therefore very important to the UK economy and to legal practice. This course will provide an understanding of the legal relationship of landlord and tenant in the context of the letting of commercial property. It will encourage students to think about the lease as a contractual arrangement, a proprietary estate and as a regulated instrument, and what the appropriate way is to regulate the division of interest between landlord and tenant. It should appeal to students who have enjoyed contract law, but also builds on aspects of the land law course.
For tenants, flexibility is important. If the business is successful, and its location important, it will want to stay put, even after the lease ends. If the business grows or shrinks it may need to be able to get out of the lease, by selling it or surrendering it. For many landlords, the lease is an investment and they will focus on the lease as a tool for guaranteed, low risk, but rising income. Both parties will want a property that is well maintained, but who should pay for this? The course will look at how leases balance these interests through the contract, but also at when the government has stepped in to regulate.
There are three main stages in the leasehold relationship: entering into the lease, management issues, and ending the relationship. The major influence upon the legal relationship of landlord and tenant is the lease contract negotiated between the parties. The course will therefore look at how leases are distinguishable from other occupancy relationships, and the main terms that appear in leases. In doing so, it will consider the range of factors that influence the content of the lease, such as the type and location of property, the relative negotiating strength of the parties, and wider economic and social policies. The course will also explore how leases provide for management of the property during the lease: allocating responsibility and liability for repair, how the property can be used, reviewing the rent, and servicing the property. As estates, leases can be ‘sold’ or assigned: the course will look at the ability of landlords to control the disposition of leasehold interests, and the impact that this has upon the enforcement of the leasehold covenants between both the original landlord and tenant, and between the current landlord and tenant. It will also look at rights that the tenant has to renew the lease at the end of the term. Leases usually contain ‘forfeiture’ provisions, enabling the landlord to end the lease early in the event of tenant default and the course will look at how this right has been regulated by common law and statute.
Exploring the legal relationship will, therefore, involve looking at the application of principles of land law and contract law that law students will already have encountered (such as the distinction between leases and licences, and principles of contractual interpretation) as well as the law (both statutory and common law) specific to commercial leases.
[less]
Diploma in Legal Studies
A one-year sample of courses from our BA programmes, aimed only at students visiting from our partner universities.
[less]
The focus of attention within the course is on interests in land: interests which do not merely operate not merely between the parties to a particular transaction involving the land, but can also affect third parties - other people coming into contact with it, such as later purchasers. Examples of such interests are the fee simple (virtually equivalent to ownership of the land), leases, easements and mortgages. The course concerns itself with questions such as: What interests count as interests in land? How are they created? Exactly when will they affect third parties?
Land Law has a well established set of principles, often regulated by statute, to govern it. In part this is because people dealing with land need to know with certainty what the result of a particular transaction will be. Even so, there are many areas of the subject which are currently being developed by case law.
The course is not about conveyancing, the buying and selling of land. It is true, however, that in Land Law we are conscious of the needs of purchasers. Thus, for example, the circumstances in which purchasers will be bound by interests are inextricably tied in with the way land is bought and sold.Land Law covers material in the “foundations of legal knowledge” and so must be taken by those seeking a professional qualification in England and Wales. Candidates in the FHS examination must offer both Land Law and Trusts.
The subject is taught in tutorials by your college tutor. For an introduction to the subject see Simon Gardner with Emily MacKenzie, An Introduction to Land Law (Hart Publishing, 3rd edn, 2012).
[less]
Postgraduate
MJur
Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.
[less]
Land Law (also part of the BA course)
The focus of attention within the course is on interests in land: interests which do not merely operate not merely between the parties to a particular transaction involving the land, but can also affect third parties - other people coming into contact with it, such as later purchasers. Examples of such interests are the fee simple (virtually equivalent to ownership of the land), leases, easements and mortgages. The course concerns itself with questions such as: What interests count as interests in land? How are they created? Exactly when will they affect third parties?
Land Law has a well established set of principles, often regulated by statute, to govern it. In part this is because people dealing with land need to know with certainty what the result of a particular transaction will be. Even so, there are many areas of the subject which are currently being developed by case law.
The course is not about conveyancing, the buying and selling of land. It is true, however, that in Land Law we are conscious of the needs of purchasers. Thus, for example, the circumstances in which purchasers will be bound by interests are inextricably tied in with the way land is bought and sold.Land Law covers material in the “foundations of legal knowledge” and so must be taken by those seeking a professional qualification in England and Wales. Candidates in the FHS examination must offer both Land Law and Trusts.
The subject is taught in tutorials by your college tutor. For an introduction to the subject see Simon Gardner with Emily MacKenzie, An Introduction to Land Law (Hart Publishing, 3rd edn, 2012).
[less]
People
Land Law teaching is organized by a Subject Group convened by:
Simon Gardner: Professor of Law
in conjunction with:
Michael Ashdown: Fellow and Tutor in law at Somerville College
Alexandra Braun: CUF Lecturer
Adrian Briggs: Professor of Private International Law
Susan Bright: Professor of Land Law, McGregor Fellow
John Cartwright: Professor of the Law of Contract
Mike Macnair: CUF Lecturer
Jeremias Prassl: Supernumerary Teaching Fellow in Law
Roger Smith: CUF Lecturer
William Swadling: Reader in Property Law
Also working in this field, but not involved in its teaching programme:
Nicholas Bamforth: CUF Lecturer
Peter Clarke: Retired. Formerly Lecturer
Derek Davies: Retired. Formerly Fellow and Tutor in Law at St Catherine's
Jeffrey Hackney: Retired. Formerly Fellow and Tutor in Law at Wadham and St Edmund Hall
Peter Hayward: Retired. Formerly Fellow of St Peter's
Derek Wood: Retired. Formerly Principal of St Hughs

