Megarry & Wade: The Law of Real Property 10th Edition

Megarry & Wade provides comprehensive and authoritative coverage of all aspects of the contemporary law of real property as well as valuable information on the historical background of the law. First published in 1957, it is Sweet & Maxwell’s flagship frontlist title in this subject area – it is a clearly structured, comprehensive, and authoritative text that covers every aspect of the subject.

The book examines the conventions and principles of the subject in a way that is seldom replicated elsewhere. The text covers every element of the law of real property and offers a complete explanation of the law as it stands. The text itself is divided into clearly referenced and accessible chapters – each chapter comprehensively addresses a specific area of law and has been formulated for ease of navigation and the natural flow of information to the reader. The book introduces the reader to substantive areas of law before dealing with the complex issues which can arise in relation to priorities between competing interests. Basic principles and concepts are given a full explanation and applied in greater detail in a historical, contextual, and practical manner, enabling the reader to develop a firm grasp of the subject and its key issues. It covers a broad subject but is authoritative and frequently cited.

• 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
• Covers the whole of the English law of real property, together with related subjects such as conveyancing, leases and wills and intestacy, in single volume, providing a vital tool for all property and conveyancing solicitors and barristers
• 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
• Incorporates the raft of recent legislation and case law that has transformed property law in England and Wales
• Explains the fundamentals, principles, and concepts of the law of real property, providing the ideal first point of reference to find a definitive answer on this broad subject
• Includes extensive case referencing, showing how the law can be applied in practice · Painstaking attention to detail
• Considers aspects of Land Law which other titles do not, e.g. the chapters on Wills, Perpetuities and Land Law, Settlements, Rentcharges
• A repository of historical material that cannot easily be found elsewhere
• Authoritative text frequently cited in court and drawn on by parliamentary draftsmen

New to this edition:

• New rules on dealings with land in the Charities Act 2022 and Economic Crime (Transparency and Enforcement) Act 2022
• New rules on remote witnessing of wills, and recent case law on testamentary capacity and testamentary fraud
• New case law on the effect of registration and the meaning of mistake, including Brelsford v Providence Estate Ltd [2022] UKPC 46
• Coverage of the Law Commission’s Report on the Electronic Execution of Documents (2019)
• Developments in mortgage law, including recent moratoria and new understandings on mortgage enforcement and the Consumer Credit Act
• New case law on the illegality defence, including Stoffel & Co v Grondona [2020] UKSC 42
• New leasehold provisions under the Building Safety Act 2022
• New leasehold provisions for fitness for human habitation
• New case law on the forfeiture of leases, including Croydon LBC v Kalonga [2023] AC 1.
• The new occupation contract regime in Wales since 1 December 2022
• New case law on town and village greens and commons, including TW Logistics Ltd v Essex CC [2021] UKSC 4.
• Updates on formalities for the disposition of interests in land and email signatures
• Update on the remedies available in cases of proprietary estoppel

Now in its 9th 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. Due to the book’s long history and its association with Sir Robert Megarry V.C. and Sir William Wade, it is viewed as a highly authoritative source of English Land Law.

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• Introduction; 
• Tenures and estates; 
• Estates; 
• Law and equity and the legislative transformation of the law of real property; 
• Unregistered conveyancing; 
• Registration of title; 
• Adverse possession and limitation; 
• Perpetuities and accumulation; 
• The use of trusts in the law of real property; 
• Creating Trusts of land; TLATA; 
• Co-ownership; 
• Wills and intestacy; 
• Contracts of sale; 
• Proprietary estoppel; 
• The nature and creation of leases; 
• Determination of tenancies; 
• Common obligations of landlord and tenant; 
• Leasehold Covenants; 
• Leasehold Conveyancing; 
• Security of tenure; Fixtures; 
• The nature and creation of mortgages and charges; 
• Rights of parties under a mortgage; 
• Priority of mortgages; 
• The nature of easements and profits; 
• Creation of Easements and Profits; 
• Enforcement and extinguishment of Easements and Profits; 
• Species of Easements and Profits; 
• Other incorporeal hereditaments; 
• Freehold Covenants; 
• Commonhold; 
• Licences; 
• Legal Incapacities; 
• Appendices