The absence of law would lead to a decent into chaos and conflict would surely be inevitable.

It is important to emphasise that law cannot be understood without an awareness of its social, political, moral, and economic dimensions. Legal theory or jurisprudence seeks to uncover many of the deeper philosophical elements that explain the complex phenomenon of law and its operation in legal systems. Raymond Wacks, in his ‘Introduction to Law’ OUP, 2008.

There are many branches of the law; Public and Private law, Contract, Tort, Criminal law, Constitutional and Administrative law. Other branches may cover Family law and one may also consider Civil law and Canonical (ecclesiastical) law.

The principles of law include the ‘Rule of Law’ that sets a political attitude to the Law, for example the equity in legislation of laws. The general principles are the doctrines of good faith, estoppel, and equity (non-discrimination). Estoppel (estop) precludes a person from asserting something contrary to what is implied by a previous action or pertinent determination. Estoppel is part of common law as a legal principle to prevent someone from going back on their promise,

Land Law – is generally about estates and interests in land, Freehold and Leasehold Estates. This takes us back to basics. The theory of the common law is that all land is held of the monarch (from feudal law) who is the supreme feudal lord and sovereign. Subjects may hold directly of the sovereign or of other superior subjects. Those holding direct of the monarch are ‘tenants in chief’. Intermediate holders are ‘mesne lords’.

Holders of land are entitled to a number of legal rights in respect of their landholding. This is referred to as the ‘tenants’ estate; Freehold estates are held by freehold tenure and are those which were in use in the feudal system. Land Law was the first field of private law undertaken by the King’s Court. The freehold estates are fee simple, fee tail, life estates pur outre vie. Such estates are ‘real property’ or ‘realty’. A leasehold estate, whose owners were never on the feudal ladder, could not protect themselves (with personal property). Freeholders are always of indefinite duration. Leaseholds are for a fixed period.

The Law of Property Act, 1925, abolished technicalities in regard to conveyances and deeds. Land Law concerns itself with the use and supply of land. It is the law of real property. It relates to acquisitions, protections, and conflicts of people’s rights, legal and equitable, in land. Modern law’s sources derive from the old courts of common law and equity. Legislation, from the Law of Property Act 1925, and the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and appointed Trustees Act 1996 and the Land Registration Act 2002.

‘Chancery Law’ is particularly interested in the protection of rights as opposed to the Common Law. It may deal with disputes relating to business, property, or land. Also of intellectual property, insolvency, bankruptcy, tax, and the validity of wills. Also including, disputes over trusts or competition claims. A large aspect of law concerning the freeman and his assets revolves around registration of rights and the rules thereof.

Land Registration and particularly the Commons Registration Act 1965

Registration of commons and town or village greens and ownership of and rights over them: Land in England or Wales which is common land or a town or village green. Rights of common over such land; and persons claiming to be or found to be owners of such land or becoming the owners thereof by virtue of this Act; and no rights of common over land which is capable of being registered under this Act shall be registered under the Land Registration Acts 1925 and 1936.

After the end of such period, not being less than three years from the commencement of this Act, as the Minister may by order determine –

1. No land capable of being registered under the Act shall be deemed to be common land or a town or village green unless it is so registered; and
2. No rights of common shall be exercisable over any such land unless they are registered either under this Act or under the Land Registration Acts 1925 and 1936.

The effect of registration – is that any common land registered shall be conclusive evidence of the matters registered at the date of registration. After July 1970 no land capable of being registered under the Act was deemed to be common land unless it is so registered and no rights of common shall be exercisable over any such land unless they were either registered under the Act or had been previously registered under the Land Registration Act 1925.

The Commons Act 2006 brought new responsibilities for commons registration. Commons registration authorities, required to keep the registers, have been authorised to update and correct details to bring them correctly into line with more modern requirements. This has particularly affected the registration of outdated right-holders over their common lands.

‘Easements and Profits a Prendre’ are interests entitling their owners to exercise certain rights over the land of another. They may be legal or equitable. They are distinguishable in that a profit easement does not; and also in that a profit may exist “in gross”, while an easement must always be appurtenant to the land. Little will be said of profits, owing to lack of space, or, indeed, of commons.

The types of profits a prendre are as follows:

• Profit of pasture (right to graze animals)
• Profit of turbury (right to dig and take peat or turf)
• Profit of estovers (right to take wood)
• Profit of piscary (right to catch and take away fish)
• Sporting rights (such as hunting and shooting)
• Profit in the soil (right to take sand, gravel, stone ,brick-earth, coal and minerals)

Easements:

These include ‘rights of way’ and excessive usage. An express grant or reservation of a right of way is construed by reference to the terms of the grant in the light of the surrounding circumstances at the time of the grant.