An Introduction to Land Law

Publisher: Hart Publishing

Authors: Simon Gardner & Emily MacKenzie

Price: £19.95

Edition: 3rd Edition (July 2012)

ISBN: 978-1-849-46236-5

Buy from Hart Publishing: Click Here

The aim of this third edition of the popular An Introduction to Land Law is commendably the same as the last edition: to make a difference by telling the rules' story and to talk about them in the way they work and in a way that will allow readers to understand them.  This is plainly an ambitious aim because land law is notorious for its complexity, being a mixture of common law and often archaic provisions.  Fortunately, An Introduction to Land Law, now co-authored by Simon Gardner and Emily MacKenzie, largely achieves this aim.

An Introduction to Land Law is separated into three main parts: the basic ideas; acquisition of rights in rem; and the individual rights in rem.  Each part is then sub-divided into a number of individual chapters including: conferment; contracts to confer; adverse possession and prescription; ownership (which is new to this third edition); leases; mortgages; easements; restrictive covenants; trusts; and licences.  By breaking the material up in this way, Gardner and MacKenzie ensure the carefully crafted and accessible structure of the material remains intact.

An Introduction to Land Law is impressively written and one of the best introductory texts to this difficult area of law.  It makes excellent use of examples throughout the text which really help drive home the important points.  The authors also make some interesting points which encourage debate.  For example, when considering the creation of mortgages and the powers given (amongst others) under the Financial Services and Markets Act 2000 the Consumer Credit Act 1974, the authors say "it is fair to say that the 2008 crash showed these provisions to be deficient".  This is, in my view, an over simplification: the CCA played little (if any) part in the crash and Courts regularly use the unfair relationship provisions to redress unfairness.  It is, however, a better point made on first charge mortgages regulated by FSMA (where the Court does not have the same powers as it would under the CCA).

Lawyers looking for an accessible consideration of land law, whether at an undergraduate level or in practice, should not be without An Introduction to Land Law.  It impressively provides a coherent and engaging introduction to this notably difficult but important area of law.  Each part page divider also includes a very useful summary of what has been covered in the earlier part or parts.  The numerous practical examples, showing the law in a practical situation, are particularly invaluable.  Its price, at less than £20, also means it should be a text that law students and practitioners should not be without.

Reviewed on 28 December 2012

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