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Megarry & Wade: The Law of Real Property
Megarry & Wade: The Law of Real Property
8th Edition
Practice Area:  Land & Property
ISBN:  9780414025769
Published by:  Sweet & Maxwell
Publication Date:  30 Jul 2012
Format:  Hardback, eBook - ProView
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Now in its 8th Edition, Megarry and Wade: The Law of Real Property provides a comprehensive and authoritative coverage of all aspects of the contemporary law of real property. It covers the whole of the English law of real property, together with related subjects such as conveyancing, leases and wills and intestacy, in a single volume, providing a vital tool for all property and conveyancing solicitors and barristers. Due to the book’s long history and its association with Sir Robert Megarry V.C. and Sir William Wade, it is viewed across the industry as a highly authoritative source of English Land Law.

The 8th Edition:

  • Places the development of land law in a historical context and sets out clearly the legal framework for real property, enabling practitioners to put the current law in context
  • Incorporates the raft of recent legislation and case law that has transformed property law in England and Wales, including the Perpetuities and Accumulations Act 2009 and the Supreme Court’s decisions in Cobbe v Yeoman’s Row Management Ltd, Kernott v Jones and Berrisford (FC) v Mexfield Housing Co-operative Limited
  • Provides a comprehensive examination of the rights and liabilities of landowners, setting out the legal requirements, explaining the technical issues and providing authoritative interpretation of statutes and measured analysis of relevant decisions
  • Deals with the complex issues that can arise in relation to priorities between competing interests, highlighting potential issues and the means to resolve them
  • Includes extensive case referencing, showing how the law can be applied in practice

Relevant New Legislation and Changes

  • Chapter on Land Registration takes account of the substantial corpus of case law that has now built up under the Land Registration Act 2002
  • The forthcoming abolition of the presumption of advancement following the provision of the Equality Act 2010 is covered in detail as is the Mortgage Repossessions (Protection of Tenants) Act 2010
  • The considerable amount of case law (at High Court and Court of Appeal level) subsequent to the House of Lords decision in Stack v Dowden on constructive trusts


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Preface to First Edition
Possession of Land
Law and Equity
Legislative Transformation of the Law of Real  Property and the Protection of Estates and Interests
Registration of  Title
Unregistered Conveyancing: Titles and Incumbrances
Perpetuities and Accumulations
The Use of Trusts in the Law of Real Property
Creating Trusts of Land
The Trusts of Land and Appointment of Trustees Act 1996
Wills and Intestacy
Contracts of Sale
Proprietary Estoppel
The Nature and Creation of Leases
Determination of Leases
Common Obligations of Landlord and Tenant Leasehold Covenants
Leasehold Conveyancing
Security of Tenure
The Nature and Creation of Mortgages and Charges
The Rights of the Parties under a Mortgage or Charge
Priority of Mortgages
Nature of Easements and Profits
The Creation of Easements and Profits
Species of Easements and Profits
Other Incorporeal Hereditaments
Freehold Covenants
Adverse Possession and Limitation
Appendix – Successive Interests: Settled Land
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