Land and Property Law

Land and property law governs both land and anything else which is part of the land (or in it, such as oil). It can be a complex area of law, with many potential disputes. People may have competing interests in certain land, they may all claim they own (some of) the land, or there may be disputes about the property borders and rights of way.

There are many possible ways that a dispute regarding land law can arise, from relatively small issues such as a neighbour’s overhanging tree, to strong disagreements about the boundaries of a property. The law therefore helps to determine each person’s rights and responsibilities, in order to find a suitable solution.

Land law is important in determining who owns shares of properties, and also in monitoring the presence of third parties, who may have legal relationships with the ‘owners’ of the land. There are a number of ways in which a third party can have an interest in certain land, including right of way, the rights of a bank (because of the mortgage over the land), or the rights of a neighbour to restrain the landowner from using the land for certain purposes. Landowners can cause further complications by leasing out their land to someone else, who is then occupying it.

Another concern of land law is how each interest is protected when land is sold. This means that if the interest is a third party or owner, they will receive a fair and legal deal from the transaction.