Elements of Land Law

Citation

Gray, K., & Gray, S. F. (2008). Elements of Land Law (5th ed.). Oxford University Press.

Chapter Summary

The fifth edition is a treatise of about 1,400 pages in 44 chapters, grouped into eleven lettered sections (A to K). The publisher explains that this edition re-divided the material into more chapters of shorter length so that readers can dip into topics in a non-linear way, and that leases, mortgages and easements were brought closer together in a more traditional grouping.

Chapter 1: Introduction

A short opening chapter before the lettered sections begin.

Section A, Fundamental Concepts (Chapters 2–8)

Seven chapters on the ideas on which the rest of the book depends: property, land, estates and tenures, possession, title, equity and human rights. The inclusion of a chapter on property as such, and another on human rights, reflects the authors' aim of discussing how land law functions in its social and political setting.

Section B, Freehold Ownership (Chapters 9–10)

Fee simple estates and commonhold land.

Section C, Leasehold Ownership (Chapters 11–13)

Terms of years, leasehold obligations and statutory regimes.

Section D, Security Interests in Land (Chapters 14–17)

Mortgages and charges, protection for the mortgagor, protection for the mortgagee and priority of mortgages.

Section E, Other Estates and Interests in Land (Chapters 18–21)

Easements, profits à prendre, rentcharges and rights of entry.

Section F, Privacy, Autonomy, Access and Exclusion (Chapters 22–23)

Trespass, licences and privacy, and public rights in land. The publisher notes that material on trespass, licence and privacy was compressed into a single chapter in this edition.

Section G, Contractual and Proprietary Licences (Chapters 24–25)

Contractual licences and licences coupled with a grant.

Section H, Trusts, Co-ownership and Settlements (Chapters 26–31)

Express, resulting and constructive trusts, co-ownership, trusts of land and successive interests.

Section I, Acquisitions (Chapters 32–37)

Contract and transfer, proprietary estoppel, adverse possession, enfranchisement and the right to buy, donatio mortis causa and compulsory acquisition.

Section J, Disposition (Chapters 38–41)

Dispositionary power, completion by registration, priorities after disposition and electronic conveyancing.

Section K, Regulation of Land Use (Chapters 42–44)

Enforcement of freehold covenants, enforcement of leasehold covenants, and planning control and environmental regulation.

Key Concepts

Sections A–F: Property, estates and interests

• Property and land: the book begins with the concept of property itself before turning to the object of land law.
• Estates and tenures: the structure of freehold and leasehold holdings in English law.
• Possession and title: the basis of ownership claims, developed again in the adverse possession chapter.
• Easements, profits and covenants: rights over, and burdens on, another person's land.

Sections G–K: Trusts, acquisition and disposition

• Resulting and constructive trusts: the equitable routes by which beneficial interests arise.
• Co-ownership and trusts of land: shared ownership and its consequences.
• Proprietary estoppel: acquisition of rights through assurance and reliance.
• Registration and priorities: completion by registration, priorities and electronic conveyancing.
• Land use regulation: planning control and environmental regulation.

Critical Analysis

Strengths

• Conceptual range. The publisher describes the book as combining comprehensive coverage with a critical survey of cutting-edge research, and as exploring how land law functions in society. The chapters on property and on human rights in Section A and the chapter on public rights in Section F show this.
• Comparative reference. The publisher notes references to significant cases from Australia, New Zealand, the United States and Canada, together with a detailed account of reforms proposed by the English Law Commission.
• Navigation. The re-division into 44 shorter chapters, the lettered sections and a revised text design were intended to help students locate themselves, and the publisher also mentions exemplary footnoting for further reading.
• Scope beyond the core syllabus. Sections on licences, public rights, compulsory acquisition and land use regulation extend past what many courses cover.
• Critical reception. The publisher quotes Peter Butt's review ([2005] 69 Conveyancer 363), which praised the book's breadth of purpose and depth of learning. The review concerned an earlier edition.

Limitations

• Size. At about 1,400 pages it is not a book to read from cover to cover in a land law course.
• Date. The edition appeared in 2008. The publisher refers to Law Commission reforms then proposed, and later statutory developments in registered land, trusts of land and leasehold law need other sources.
• Theoretical emphasis. The attention to the concept of property and to political and social context is a strength for some readers, but a student who needs a concise statement of the rules for examination will find a shorter text easier.

Where It Fits in the Course

This is the most expansive and theoretical of the land law books on the list. Cooke's Land Law (Clarendon Law Series) is a short introduction in continuous prose, Land Law Directions is an introductory textbook for students meeting the subject for the first time, and Dixon's Modern Land Law is a concise narrative textbook. McFarlane, Hopkins and Nield's Land Law: Text, Cases, and Materials combines extracts from judgments, statutes and scholarship with commentary. Megarry and Wade's The Law of Real Property is the other full scholarly treatise, and keeps the historical background that explains why the rules are as they are.

Gray and Gray is read after a core text has given the student the basic framework, and is most useful when a topic needs a fuller or more theoretical treatment.

How to Use This Book

The book suits law undergraduates who want to go further than their course textbook, students writing dissertations on property, and postgraduates interested in the concept of property. A completed land law course is assumed, with familiarity with registered land, trusts of land and the main third-party interests.

A practical plan:

• Core for most courses: Section A (fundamental concepts), then Sections B–E on freeholds, leases, mortgages and other interests in land.
• By topic: Section H for trusts and co-ownership, Section I for acquisition (proprietary estoppel and adverse possession are common essay topics) and Section J for registration and priorities.
• Optional: Sections F, G and K, which extend beyond the traditional syllabus.
• The publisher also mentions an online resource centre with updates and links; check whether it is still available. Treat provisions affected by later legislation with caution.