Property Law
Land law, conveyancing, leases, mortgages, and intellectual property rights.
Introduction
Property law (land law) in England & Wales governs the ownership, use, and transfer of land and interests in land. The system distinguishes between legal and equitable interests, and is underpinned by a registration framework under the Land Registration Act 2002. Land can be held as freehold (ownership in perpetuity) or leasehold (a time-limited estate). Co-ownership, easements, covenants, and mortgages create complex layers of rights and obligations over land.
In Brief
Land in England and Wales is either freehold (you own it outright) or leasehold (you hold it for a fixed term under a lease). Most residential property must be registered at HM Land Registry. If you believe you have been in uninterrupted, open, and adverse possession of unregistered land for 12 years, you may be entitled to claim title — but act promptly as registered land rules are different.
Core Principles
Estates in Land — English law recognises two legal estates: the fee simple absolute in possession (freehold) and the term of years absolute (leasehold). All other interests are equitable (Law of Property Act 1925, s.1).
Land Registration — The Land Registration Act 2002 requires most transfers and grants of estates to be registered at HM Land Registry. Registration confers indefeasible title, subject to overriding interests (Schedule 3).
Co-ownership — Land can be held as joint tenants (with right of survivorship) or tenants in common (with separate shares). A trust of land arises automatically under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
Easements — Rights over another's land (e.g. rights of way) can be created expressly, by implication (Wheeldon v Burrows [1879]), by prescription (20 years' use), or under s.62 LPA 1925. An easement must accommodate the dominant tenement and be capable of forming the subject matter of a grant (Re Ellenborough Park [1956]).
Covenants — Restrictive covenants (negative obligations) can bind successors in equity if they 'touch and concern' the land and the purchaser has notice. Positive covenants do not bind successors at common law (Austerberry v Oldham Corporation [1885]), though workarounds exist.
Mortgages — A mortgage is a security interest in land. The mortgagee has rights of possession, sale (s.101 LPA 1925), and to appoint a receiver. The mortgagor retains an equitable right to redeem (equity of redemption). Unfair terms may be struck down (Cityland v Dabrah [1968]).
Adverse Possession — Under the LRA 2002, a squatter can apply for registration after 10 years' adverse possession, but the registered owner is notified and given 2 years to object (a significant change from the 12-year rule under the Limitation Act 1980 for unregistered land).
Landlord & Tenant — Leases must have exclusive possession, certainty of term, and the correct formalities (Street v Mountford [1985]). Statutory codes protect residential tenants (Housing Act 1988, Landlord and Tenant Act 1985) and commercial tenants (Landlord and Tenant Act 1954, Part II).
Key Statutes
Law of Property Act 1925
Land Registration Act 2002
Trusts of Land and Appointment of Trustees Act 1996
Landlord and Tenant Act 1985
Housing Act 1988
Leading Cases
Pye v Graham
[2002] UKHL 30
Common Scenarios
Neighbour builds a fence blocking your right of way
If an easement (right of way) has been properly created — expressly by deed, by implication, or by prescription (20+ years of continuous use) — the neighbour cannot obstruct it. Remedies include injunctions and damages. The easement must be registered or qualify as an overriding interest to bind the neighbour.
Buying a house and discovering a restrictive covenant
A restrictive covenant registered against the title binds all successors. Before purchasing, a buyer should check the charges register. If the covenant is obsolete, an application can be made to the Upper Tribunal (Lands Chamber) under s.84 LPA 1925 to modify or discharge it.
Landlord refuses to return your deposit
Under the Housing Act 2004, assured shorthold tenancy deposits must be protected in a government-approved scheme within 30 days. Failure to protect the deposit entitles the tenant to compensation of 1–3 times the deposit amount and prevents the landlord from serving a valid s.21 notice.
Unmarried partner claims share of the house
Where property is in one partner's name, the other may claim a beneficial interest under a common intention constructive trust (Lloyds Bank v Rosset [1991]) or proprietary estoppel. Stack v Dowden [2007] and Jones v Kernott [2011] guide the quantification of shares based on the parties' shared intentions.
Related Careers
Frequently Asked Questions
What is the difference between freehold and leasehold?
Freehold means you own the property and land outright, indefinitely. Leasehold means you have the right to occupy for a fixed period (e.g. 99 or 125 years) but the freeholder owns the land.
Can my landlord evict me without a court order?
No. In England and Wales, a landlord must obtain a court order to legally evict a tenant. Changing locks, removing belongings, or harassing a tenant to leave is illegal harassment under the Protection from Eviction Act 1977.
What is a restrictive covenant and how can I find out if one applies to my property?
A restrictive covenant is a binding promise affecting how land can be used (e.g. 'no business use' or 'no extensions over one storey'). Check the Charges Register on your HM Land Registry title document — restrictive covenants are listed there. If a covenant has become obsolete, an application can be made to the Upper Tribunal (Lands Chamber) under section 84 of the Law of Property Act 1925 to modify or discharge it.
Important Deadlines
Typical Costs
Official Resources
Recent law changes affecting this page
Leasehold and Freehold Reform Act 2024
The Leasehold and Freehold Reform Act 2024 restricts ground rents, makes lease extension and freehold enfranchisement cheaper and easier, and bans new leasehold houses.
Read what changedBuilding Safety Act 2022
The Building Safety Act 2022 creates the Building Safety Regulator, establishes a new regime for higher-risk buildings, and extends remediation obligations for unsafe cladding.
Read what changedWhat To Do Next
Step-by-Step Guides
Know Your Rights
Common Scenarios
Get Professional Help