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Is land law difficult?

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Is land law difficult?

Postby theycantdothat » Wed Mar 19, 2014 7:29 pm

From another thread:

SyntaxTerror wrote:I did law a few years ago but property was by far and away my weakest subject.


I started in the law without knowing any law, learned as I went along from an old conveyancer who knew everything and then studied land law formally to pass some exams. Doing it that way round, whilst I found some of the concepts pretty arcane, I was able to relate them to practice so that they did not come over as totally mysterious. All the trainee solicitors I looked after when they did their conveyancing stint said they found a lot of land law mystifying, though obviously not sufficiently so to stop them passing exams. I wonder if the lawyers in the forum who studied the law before they practised it found land law the most difficult subject.
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Re: Is land law difficult?

Postby Smouldering Stoat » Wed Mar 19, 2014 7:47 pm

I found it completely incomprehensible. Possibly it was badly taught, probably I didn't find it terribly interesting. Unlike, say, contract or tort, it didn't seem to be the law seeking to solve real-world problems. Instead it was unduly complicated for some unknown reason of its own.

I will cheerfully admit, however, that I can't remember enough land law to know why I felt that at the time. I know what gavelkind is, though, and not many people do.
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Re: Is land law difficult?

Postby atticus » Wed Mar 19, 2014 8:05 pm

Yes, a complete mystery. Many of the same reasons as Stoaty.

I learned something new today - about a mortgagee's power to take possession by peaceable entry.
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Re: Is land law difficult?

Postby dls » Wed Mar 19, 2014 10:15 pm

Sorry - I always enjoyed land law.
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Re: Is land law difficult?

Postby theycantdothat » Wed Mar 19, 2014 11:02 pm

Smouldering Stoat wrote:...gavelkind...


I had that as a nick on a now defunct forum.
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Re: Is land law difficult?

Postby theycantdothat » Wed Mar 19, 2014 11:06 pm

dls wrote:Sorry - I always enjoyed land law.


That's because you are also a philosopher. Land law does tend to get a bit metaphysical.
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Re: Is land law difficult?

Postby stu1985 » Fri Mar 21, 2014 3:49 pm

Scottish land law is very straightforward.

I am led to believe that it is much more complicated in England.
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Re: Is land law difficult?

Postby Smouldering Stoat » Fri Mar 21, 2014 3:57 pm

I thought Scottish land law was all feudalism. Don't you all still have to go off and do some fighting for your lairds or something?
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Re: Is land law difficult?

Postby atticus » Fri Mar 21, 2014 4:58 pm

And doesn't crofting have its own legal peculiarities?
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Re: Is land law difficult?

Postby stu1985 » Fri Mar 21, 2014 8:37 pm

Yes, there is specific crofting legislation. Similar to agricultural legislation but with some differences.

The feudal system was abolished about 10 years ago. We have heritable and moveable property - easy peasy!

Isn't there a rule of English law that you can't own an area which doesn't touch the ground? Or is there a way of getting round it? Or am I remembering incorrectly?
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