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English land law draws on three main sources to determine property rights: the common law and equitable principles developed by the courts, a system of land registration and a continuing system for unregistered land.
Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property , as distinct from personal property .
However, new types of land ownership is generally disallowed, under the numerus clausus principle, unless they are introduced by legislation. [13] In most states, full ownership of land is known as fee simple, fee simple absolute, or fee. [14] Fee simple refers to a present interest in the land, which continues indefinitely into the future. [14]
Property law is characterised by a great deal of historical continuity and technical terminology. The basic distinction in common law systems is between real property (land) and personal property (chattels). Before the mid-19th century, the principles governing the transfer of real property and personal property on an intestacy were quite ...
At common law, property owners held title to all resources located above, below, or upon their land. Cuius est solum, eius est usque ad coelum et ad inferos (Latin for "whoever's is the soil, it is theirs all the way to Heaven and all the way to Hell") [1] is a principle of property law, stating that property holders have rights not only to the plot of land itself, but also the air above and ...
Under English law today, there are fourteen property rights in the numerus clausus, as follows. [8] freehold ownership; easements, for the benefit of another piece of land, right to use land in a certain way, e.g. right of way; restrictive covenants, for the benefit of another piece of land, a restriction on the owner’s use, e.g. to not build
Pedis possessio is a legal phrase in common law used to describe walking on a property to establish ownership; this concept involves the establishment of first possession of land. By walking on a property and defining its bounds, possession is established. Legal dictionaries [2] put forth this definition.
After both World Wars, land management and housing increasingly came under social ownership and regulation, with new council homes, rights for tenants, and ownership interests in land recognised through contributions to family life. Over the twentieth century, and following on from the 1925 reforms, land law became increasingly social in character.