Property law: general Books

Book SynopsisLandmark Cases in Property Law explores the development of basic principles of property law in leading cases. Each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence – How are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors’ introductions. This makes for a coherent and provocative collection, and ensures that Landmark Cases in Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.Trade ReviewThis is a fine collection of essays with much to offer to property lawyers, teachers and students. The broad coverage of different aspects of property law in one of many attractive features. -- Robert Chambers, King's College London * The Cambridge Law Journal *I highly recommend this book to Canadian legal practitioners and academics with an interest in property law. Anyone concerned with some of the most enduring issues in this area of law will profit from reading this collection. -- Jonnette Watson Hamilton, Professor, Faculty of Law, University of Calgary. * Canadian Business Law Journal *Table of ContentsPart A: The Boundaries of Property I. Tangible Things 1. Banks v Whetson (1596) David Fox 2. Yearworth v North Bristol NHS Trust [2009]: Instrumentalism and Fictions in Property Law James Lee II. Intangible Things 3. Millar v Taylor (1769): Landmark and Beacon. Still. Catherine Seville 4. Phillips v Mulcaire [2012]: A Property Paradox? Emily Hudson 5. OBG v Allan [2007] Sarah Green Part B: Doctrinal Issues I. Acquisition of Property Rights 6. Armory v Delamirie (1722): Possession, Obligation, and the Evolution of Relative Title to Goods Robin Hickey 7. Bruton v London & Quadrant Housing Trust [2000]: Relativity of Title, and the Regulation of the ‘ Proprietary Underworld ’ Amy Goymour 8. The Politics of Lloyd’s Bank v Rosset [1991] Lorna Fox O’Mahony II. Content of Property Rights 9. Kuwait Airways Corporation v Iraqi Airways Company [2002] Simon Douglas 10. Belfast Corporation v OD Cars [1959]: Setting Parameters for Restricting Use Rachael Walsh III. Destruction of Property Rights 11. Benn v Hardinge (1993) Emma Waring 12. Star Industrial Co Ltd v Yap Kwee Kor [1976]: The End of Goodwill in the Tort of Passing Off Jonathan Griffiths

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Book SynopsisThe Land Registration Act 2002 has been in force for almost fifteen years. When enacted, the legislation, which replaced the Land Registration Act 1925, was intended to offer a clear and lasting framework for the registration of title to land in England and Wales. However, perhaps confounding the hopes of its drafters, the legislation’s interpretation and application has since generated many unanticipated problems which demand attention. In this book’s twenty chapters, leading land law scholars, Law Commissioners past and present, judges, and Registry lawyers unpick key technical controversies, and expose underlying theoretical and policy concerns. Core issues addressed in these chapters include: the legitimate ambitions of registration regimes; the nature and security of title afforded by registration; the resolution of priority disputes affecting registered titles; the relationship between the general law and the registration regime; and new challenges presented by modern technological developments.Table of ContentsPART I: FOUR PERSPECTIVES ON MODERN LAND REGISTRATION SYSTEMS 1. A (Former) Law Reformer’s Perspective: Reforming the LRA 2002—Catalysts and Questions Elizabeth Cooke 2. The Land Registry’s Perspective: The Practical Challenges of Land Registration John Pownall and Richard Hill 3. The Land Registration Jurisdiction: An Analysis of the First Twelve Years Edward Cousins 4. A Broader Development Perspective: Economic and Political Drivers of Worldwide Land Registration Reform Pamela O’Connor PART II: CONTEMPORARY PROBLEMS AND SOLUTIONS A. THE NATURE OF REGISTERED TITLE 5. Adverse Possession Under the LRA 2002 Owen Rhys 6. The Continuing Relevance of Relativity of Title Under the Land Registration Act 2002 Amy Goymour and Robin Hickey B. ALTERATION AND INDEMNITY 7. Guaranteed Title: No Title, Guaranteed Emma Lees 8. Can Rectification be Retrospective? Charles Harpum 9. Assessing Rectifi cation and Indemnity: After Gold Harp and Swift 1st Roger Smith 10. De-throning King Midas: The New Law of Land Registration in Scotland Kenneth GC Reid 11. Lack of Proper Care Simon Cooper 12. Reforming the Indemnity Scheme Nicholas Hopkins C. PRIORITIES BETWEEN COMPETING INTERESTS 13. Priority Contests Involving Registered Titles Martin Dixon 14. Subrogation, Priority Disputes and Rectification: Mapping a Route Through the Thicket Stephen Watterson D. THE LAND REGISTRATION REGIME AND THE GENERAL LAW 15. A Tale of Three Promises: Setting the Scene Stephen Watterson and Amy Goymour 16. A Tale of Three Promises: (1) The Title Promise Stephen Watterson and Amy Goymour 17. A Tale of Three Promises: (2) The Priority Promise Stephen Watterson and Amy Goymour 18. A Tale of Three Promises: (3) The Empowerment Promise Stephen Watterson and Amy Goymour E. THE MECHANICAL CHALLENGES OF LAND REGISTRATION IN A MODERN SOCIETY 19. Lessons from Scottish Land Registration Reform: Changes Under the Bonnet Emma Waring 20. Automating State Guarantee of Title Systems: System Design and Possible Outcomes—Australasian Thoughts Rod Thomas, Rouhshi Low and Lynden Griggs

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Book SynopsisThe Landmark Cases series highlights the historical antecedents of what are widely considered to be the leading cases in a discipline, and seeks to provide contexts in which to better understand how and why certain cases came to be regarded as the ‘landmark’ cases in any given field. Succession law’s long pedigree, near-universal application, immense capacity for human interest stories, somewhat uncertain future in England and Wales, and close connection to demographics make it an ideal candidate for a Landmark Cases volume. The distinguished contributors to this collection consider cases ranging from 1720 to 2017, covering issues such as will-making and interpretation, the position of beneficiaries and personal representatives, testamentary promises, and the extent of testamentary freedom in England and Wales and beyond. The cases are relevant not only to scholars and students of succession law per se, but also those working in fields such as tax, trusts, tort and land law. They raise issues as diverse as class, colonialism, familial dynamics, expectations and obligations, mental health, and the proper roles of the legal profession and the welfare state. The collection will provoke much discussion on what makes a ‘landmark’ case, as well as on the peculiarities and limitations of the case law method.Trade ReviewA substantial contribution to the understanding, review and critique of succession law. All of the contributions are well written and researched, enabling a deep appreciation both of the case and subsequent events … No doubt it will prove an invaluable resource for academics, students and practitioners. -- Fiona Burns, University of Sydney * Journal of Equity *Table of Contents1. Introduction Brian Sloan 2. All Souls College v Codrington (1720): Money, Books and the Interpretation of Wills – A Testamentary Drama in Three Acts Birke Häcker 3. Jesson v Wright (1820): Wills, Coal and the Rule in Shelley’s Case N G Jones 4. Banks v Goodfellow (1870): Defining Testamentary Capacity Juliet Brook 5. Re D(J) (1981): Statutory Wills Barbara Rich 6. Hastilow v Stobie (1865): Lack of Knowledge and Approval Roger Kerridge 7. White v Jones (1995): A Legacy of the Search for Principle Judith Skillen and James Lee 8. Williams v Hensman (1861) and the Law of Severance: Janus Personified Martin Dixon 9. Birmingham v Renfrew (1937): The Foundations of the Mutual Wills Doctrine Ying Khai Liew 10. Sugden v Lord St Leonards (1876): Probate of the Missing Will – Hamlet Without the Prince? Simon Cooper 11. Thorner v Major (2009): Proprietary Estoppel and Inheritance John Mee 12. Re Welch (1990): Enforcing Testamentary Promises Nicola Peart 13. Strong v Bird (1874): Reassessing the Rule Elizabeth Drummond 14. Williams v Williams (1882): Succession Law Rules and the Fate of the Dead Heather Conway 15. Commissioner of Stamp Duties (Queensland) v Livingston (1964): Rights of Estate Beneficiaries and Trust Beneficiaries Compared Charles Mitchell 16. Gartside v IRC (1967): ‘This decision involved a small point’ Dominic de Cogan 17. Ilott v The Blue Cross (2017): Testing the Limits of Testamentary Freedom Brian Sloan 18. S and S (2005): Compulsory Portion and Solidarity between Generations in Civil Law Walter Pintens 19. Lashley v Hog (1804): Forced Heirship, and Succession across Borders Daniel J Carr 20. Re Estate Wilson, Deceased (2017): The Last Frontier for Aboriginal Intestacy in Australia? Prue Vines

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