Interest in Land

Introduction

This chapter examines the **distinction between legal and equitable interests in land**, how interests are **acquired** and **disposed of**, the methods for **protecting and enforcing** third party interests, and the doctrine of **proprietary estoppel**. The nature of an interest determines how it is created, how it is transferred, and — critically for the SQE — **how it is enforced against third parties** who acquire the land. You must master **section 1 of the Law of Property Act 1925** (the two legal estates, five legal interests, and the residual category of equitable interests), the **formalities** for creation and disposition, the rules for **registered and unregistered land**, **overreaching**, and the three elements of **proprietary estoppel**.

Assessment focus

These topics are central to **SQE1 FLK2**: virtually **every land law scenario** requires you to identify whether an interest is **legal or equitable**, and to determine how it is **protected against subsequent purchasers**. Questions are single best answer questions (SBAQs) set in **realistic client-based scenarios**; you will be expected to **apply** the legal/equitable distinction, the **formalities** rules (deed under s.52(1) LPA 1925; writing under s.53(1)(c); registration under s.27 LRA 2002), the **land charges** regime, the **doctrine of notice**, **overreaching** (ss.2 and 27 LPA 1925), and the **three elements of proprietary estoppel**. This is a closed-book assessment — ensure you can recall the core statutory provisions and leading cases from memory.

Study tips

1) Memorise the structure of **s.1 LPA 1925**: s.1(1) = **two legal estates**; s.1(2) = **five legal interests**; s.1(3) = **everything else is equitable**. 2) Apply the **two-stage test**: (i) is the interest capable of being legal under s.1(1) or s.1(2)? (ii) were the **correct formalities** (deed + registration) used? If not, it is equitable only. 3) Distinguish the **registered** regime (notices, restrictions, overriding interests under the **LRA 2002**) from the **unregistered** regime (**land charges** under the LCA 1972 + the **doctrine of notice**). 4) Master **overreaching**: payment to **two trustees or a trust corporation** shifts equitable interests to the proceeds — and **overreaching beats an overriding-interest claim** (**Flegg**; contrast **Boland**). 5) Learn the **three elements** of proprietary estoppel (assurance + reliance + detriment) and the **Guest v Guest [2022]** remedial approach (start from the **expectation**, work down if disproportionate).