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

Read more less

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

Read more less

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

Read more less

Book Synopsis

Read more less

Book SynopsisEinführung.- Wertungsgrundlagen des Wohnraummietrechts.- Recht auf Mietwohnungstausch in der historischen Rückschau.- (Recht auf) Mietwohnungstausch nach geltendem Recht.-  Fortbildung des geltenden Rechts um ein Recht auf Mietwohnungstausch de lege ferenda.- Rechtspolitische Empfehlung.- Zusammenfassung.

Read more less

Book Synopsis

Read more less

Book SynopsisIntroduction Shadow Property and the Hidden Empire of Ego.-Law.- Private Property.-Ego.- Unjustifiable Law.- Reflections on Obligation.

Read more less

Book SynopsisThe only book out there to draw together all the disparate law on highways in development projects Managing and providing highways and highway improvements looms large in many building projects but the law and rules regulating their part in the planning and development processes are complex and widespread. A Practical Guide to Planning, Highways and Development brings that law together in a single, invaluable volume. Tom Graham, a specialist planning and highway lawyer, explains all the knotty problems raised by highways so you can get authoritative guidance on such issues as: Essential highway law concepts, including ''ransom'' strips Dealing with highway matters in the planning process, including by conditions and planning agreements The impact of national policies, development plans and technical guidance on proposed developments The drafting, use and misuse of Section 38 Agreements and Section 278 Agreements Alongside this essential commentary, is an invaluable set of annotated sam

Read more less

Book SynopsisLife now without access to electronic telecommunications would be regarded as highly unsatisfactory by most of the UK population. Such ready access would not have been achieved without methodical and ultimately enforceable means of access to the land on which to install the infrastructure necessary to support the development of an electronic communications network. Successive governments have made such access a priority, regarding it as a principle that no person should unreasonably be denied access to an electronic communications network or electronic communications services. The enactment of the Telecommunications Act 1984 and its revision by the Communications Act in 2003 have played their role in the provision of an extensive electronic infrastructure in the UK, while their reshaping by means of the Digital Economy Act 2017 will continue that process. Throughout that process, a little publicised series of struggles has taken place between telecommunications operators and landownTable of ContentsIIntroductionIntroductionLegislative historyThe Electronic Communications Code 2003: an overviewThe European dimensionIIElectronic Communications Code 2003 (the Old Code)Old Code: general and special regime overviewOperators under the Old CodeOld Code general regimeOld Code general regime: financial provisionsOld Code special regimesAlteration and removal of apparatus under paragraph 20Removal of apparatus under paragraph 21Abandonment of apparatusOld Code sundry mattersIIIElectronic Communications Code 2017 (the New Code)The Electronic Communications Code and property law: key conceptsWhat are code rights?Who may confer code rights? To whom may code rights be granted? Over what may code rights be granted?The agreement conferring code rightsAssignment, upgrading and sharing apparatus Imposition of code agreements Termination of code agreements Modification of code agreements Rights to require removal The New Code and the 1954 ActTransport land rights Street works, tidal water rights and undertaker’s works Overhead apparatus Trees and vegetationConsideration and compensation under the New Code IVMatters common to both codesTransitional provisions Notices under the codesDispute resolution procedure under the codesCode avoidanceElectronic communications and planningCompulsory purchase and entry for exploratory purposesTelecommunications and non-domestic ratesLand registrationElectronic communications and competition lawThe position in ScotlandThe role of OFCOMVDraftingDrafting considerations for code agreementsVIThe New Code – Annotated VIIAppendicesA Extracts from the Telecommunications Act 1984 and the Communications Act 2003B2017 Code and extracts from the Digital Economy Act 2017CStatutory Instruments DOFCOM Code of Practice EOFCOM Template NoticesFOFCOM Standard Terms

Read more less

Book SynopsisThe only practitioner’s guide to the law of property damage, it is a “must have” for anyone practising in property damage claims. This text provides comprehensive, up-to-date analysis of the legal principles and practical concerns in fire, gas, natural hazards, escape of water, subsidence, party walls and pollution claims and excellent, learned examination of claims under the Defective Premises Act and the Consumer Protection Act. The book cements its unique utility by analysing, over three additional and separate chapters, the general principles of contract law, tortious liability and insurance law as they relate and are relevant to property damage claims. This allows practitioners, judges, academics and students to easily and efficiently come to grips with the idiosyncrasies of property damage law but also to understand how the general principles of contract, tort and insurance law relate and interact with property damage claims. Written as a handbook for practitioners, it also offers practical, user-friendly guidance for conducting property damage litigation. This title is included in Bloomsbury Professional's Property and Land Law online service.

Read more less

Book SynopsisProperty and the Pursuit of Happiness presents an account of the crucial role the right to property understood in the comprehensive sense as the right that included every other right played in the American founding. This right was understood by the founders as the “pursuit of happiness,” which Edward J. Erler argues was considered to be both a natural right and a moral obligation. This book examines the works of John Locke, the English philosopher who had a profound influence on the American founding.Trade ReviewFor the past forty years, Professor Edward Erler, has produced some of the finest legal commentary on constitutional law. He remains, perhaps, the most original, insightful, and provocative scholar of the American Constitution. His new book, Property and the Pursuit of Happiness; Locke, The Declaration of Independence, Madison and the Challenge of the Administrative State, shows why this is so. His insight into the Constitution is informed not merely by an understanding of the law, the judiciary, or the Constitution, but by an understanding of the theoretical and political conditions required in the defense of freedom and self-government. In elaborating the importance of property, as essential to the protection of rights, he reveals the absolute necessity of limited government constitutionalism as indispensable for the preservation of both. -- John Marini, University of Nevada, RenoEdward Erler has written the most remarkable book by any student of Harry Jaffa, which also means most likely by any student of Leo Strauss. Property and the Pursuit of Happiness explores the political and the philosophic meaning of both its key terms in America. He transcends dichotomies such as “ancients and moderns” to present the abiding heart of America’s logos in its ousia. Erler’s treatise smashes lame scholarship and noxious doctrines about Aristotle, Locke, Madison, Jefferson, Lincoln, the Supreme Court, Reconstruction, and the administrative state, and against them restores the principles of the West in the theological-political problem. Every serious citizen and scholar must come to terms with this profound and spirited examination of American politics. -- Ken Masugi, Center for Advanced Governmental Studies, Johns Hopkins University“What was unique about the American Revolution,” Ed Erler contends, “was that for the first time in history, a nation was founded dedicated to a universal principle—the principle that `all men are created equal.’” What is unique about Ed Erlers’s penetrating book is that it takes the Declaration’s truths seriously and elucidates how they provide the grounds for the Founders’ constitutionalism. Exploring some of political philosophy’s deepest themes—including natural rights, natural law, and the relationship between reason and revelation—Erler explains how the Founders held the protection of property rights to be the central idea animating their design for limited government and why its abandonment by influential 20th century progressives poses an existential threat to liberty and the pursuit of happiness for all Americans today. -- Vincent Munoz, Associate Professor of Political Science at University of Notre Dame

Read more less

Book SynopsisThis first supplement brings the second edition, which published in 2011, fully up to date.Table of ContentsChapter 1 Definitions and overview Chapter 2 Historical introduction and proposals for reform Chapter 3 Interpretation, policy and human rights Chapter 4 Title to land Chapter 5 The significance of adverse possession, discontinuance and dispossession Chapter 6 The requirement that possession must be ‘adverse’ and continuous Chapter 7 The meaning of ‘possession’ Chapter 8 The factual element of possession Chapter 9 The mental element of possession — the intention to possess Chapter 10 The extent of possession: when possession of part of the surface will be treated as possession of whole Chapter 11 The extent of possession: mines and minerals Chapter 12 Possession of specific types of land Chapter 13 Whether specific uses of land constitute possession Chapter 14 How long must time run for? Chapter 15 What will stop time running? Chapter 16 Extension of time by acknowledgement or payment Chapter 20 Unregistered title Chapter 21 Registered title — Part 1 Chapter 22 Registered title — Part 2 Chapter 23 Easements, profits and other rights Chapter 24 Leases Chapter 25 Encroachments Chapter 29 Co-ownership Chapter 33 Boundaries Chapter 35 Licences and tenancies at will

Read more less

Book SynopsisThere is a tension in English law between the idea that the courts might provide a remedy by creating new property rights and the understanding that the judiciary's role is limited to the protection of existing proprietary interests with the power to redistribute property residing in the legislature alone. While there are numerous instances in which the courts intervene to readjust property rights,these are disguised in metaphor and fiction. However, this has meant that the law in this area has developed without open consideration of justifications for redistributing property. The result of this is that there is little coherence in the law of proprietary remedies as a whole and a good deal of it is indefensible. The book examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust in the context of contracts to assign property, vitiated transactions, the profits of wrongdoing and the breakdown of intimate relationships. It contrasts the English treatment of this area of law with developments in other common law jurisdictions where a more dynamic understanding of property has permitted more open acknowledgement of the judicial role in redistributing proprietary rightsTrade ReviewProprietary Remedies in Context is a rewarding book, with much to offer. It has a healthy radical edge and it argues with care, conviction and high intelligence. A great deal is packed into the book, but the virtues of clarity and economy of expression are very evident. David Carey Miller Legal Studies May 2003Table of ContentsPart 1 Property and proprietary remedies: exploring the idea of remedial trusts - from remedy to property - the development of the trust, different uses of the constructive trust, the remedial/institutional dichotomy; redistribution and property rites - two conceptions of property, property in English legal thought, the influence of these understandings on the law of proprietary remedies, orthodox and redistributive proprietary remedies, reason and ritual in the law of proprietary remedies; the legacy of legal realism - instrumentalist approaches to property - property in American legal thought, instrumentalism in proprietary remedies in US law, instrumentalism in other common law jurisdictions, formalism and instrumentalism contrasted; the normative foundations of proprietary claims and remedies - considerations of justice and efficiency for giving owners relief against third parties, rights to profit, should these remedies be specific?, should these remedies have priority in bankruptcy?. Redistributive proprietary remedies: the metaphysics of tracing - substituted title and property rhetoric - analysing tracing, the metaphysics of tracing - the denial of the remedial nature of tracing in legal discourse, an explanation of tracing rhetoric - the reconciliation of tracing with axiomatic notions of property rights, the normative basis for substituted title, the consequences of tracing discourse for the substantive, some realism about tracing, conclusion; the proprietary consequences of a vitiated intention to transfer property - "an intolerable reproach to our system of jurisprudence"? - the possible legal responses to a vitiated consent to pass title, vitiated intent and equitable title - doctrinal responses, proprietary relief for vitiated transfers - relevant policy considerations; qualified consent to transfer property - the mysterious basis of the quistclose trust - conceptualising the quistclose trust, considerations of justice and efficiency; obligation into ownership - constructive trusts and liens in arrangements to assign property - the distribution of entitlements in sale of goods transactions, the passage of title in equity - constructive trusts and liens arising in the context of contracts of sale, conclusion; proprietary relief for enrichment by wrongs - the shifting boundary between ownership and obligation - proprietary relief for enrichment by wrongs - a normative analysis, Lister v. Stubs and the ownership/obligation distinction, deducing ownership from obligation - AG for Hong Kong v. Reid, proprietary relief for enrichment by wrongs in North American legal thought, conclusion - the limits and price of formalism; the division of assets on the breakdown of intimate relationships - the limits of private ordering - introduction, from contract to status - justifications for judicial intervention, the inadequacy of justifications offered for intervention in this area, the limits of the private ordering paradigm (Part Contents).

Read more less

Book SynopsisThis book comprises a collection of papers given at the fifth biennial conference of the Centre for Property Law at the University of Reading held in March 2004,and is the third in the series Modern Studies in Property Law. The Reading conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume includes a refereed and revised selection of the papers given there. The papers thus cover a broad range of topics of immediate importance including: land registration, leasehold and commonhold, prescription and law and equity. A growing and popular aspect of the series is its coverage of property law matters worldwide; this volume includes essays on property law in developing countries, in South Africa, Canada, and Eastern Europe.Table of ContentsI - Keynote Address 1. Prescriptive Acquisition of Easements: Abolition or Reform? Stuart Bridge II - Land Registration 2. Forgery and Alteration of the Register under the Land Registration Act 2002 David Fox 3. Registration of Invalid Dispositions: Who Gets the Property? Pamela O’Connor 4. Toward an Ecologically Sustainable Property Concept Murray Raff III - Law and Equity 5. Personal Liability for Receipt of Trust Property: Allocating the Risks Gary Watt 6. Co-Owners and Equitable Accounting: A Comparative Commonwealth Analysis Heather Conway 7. Allcard v Skinner Revisited: Historical Perspectives on Undue Influence Charlotte Smith 8. Charges, Possession and Human Rights: A Reappraisal of S 87(1) of the Law of Property Act 1925 Sarah Nield 9. Re Goldcorp Exchange Ltd Revisited Paul Eden IV - Leaseholds and Commonholds 10. The Regulation of Long Residential Leases Martin Davey 11. Commonhold—A Critical Appraisal Cornie van der Merwe and Peter Smith V - Property in Europe 12. The Notion of Real Estate and Rights Pertaining to it in Selected Legal Systems Stanislawa Kalus and Magdalena Habdas 13. Reaching a Balance: Addressing Property Issues in Post-Conflict Societies Sarah Williams VI - Property Worldwide 14. Tensions of Modernity: Law in Developing Land Markets Patrick McAuslan 15. Formalisation of South African Communal Land Title and its Impact on Development Hanri Mostert and Juanita Pienaar 16. “Taking” Liberties: Protections for Private Property in Canada Bruce Ziff 17. Property Theory and the Transformation of Property Law Andre van der Walt

Read more less

Book SynopsisThis book is a collection of papers given at the sixth biennial conference at the University of Reading held in March 2006, and is the fourth in the series Modern Studies in Property Law. The Reading conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume is a refereed and revised selection of the papers given there. It covers a broad range of topics of immediate importance, not only in domestic law but also on a worldwide scale.Table of ContentsI - Keynote Address 1. Reforming Housing Law: A Progress Report Martin Partington II - Law and Equity 2. Equitable Co-ownership: Proprietary Rights in Name Only? Martin Dixon 3. Why is the Law of Undue Influence so Hard to Understand and Apply? Graham Ferris 4. The Lie of the Land: Mortgage Law as Legal Fiction Gary Watt 5. Curbing the Enthusiasm of Finders Robin Hickey 6. Leases: Rethinking Possession against Vulnerable Groups Warren Barr 7. Reconciling Property Law and Social Security Law: Same Concepts, Different Meanings? Nicholas Hopkins and Emma Laurie III - Possession of Land 8. The Acquisition of Rights in Property by the Effluxion of Time Amy Goymour 9. An Adjudication Rule for Encroachment Disputes: Adverse Possession or a Building Encroachment Statute? Pamela O’Connor 10. de Soto Discovers the Prairies:Of Squatters and the Canadian West Bruce Ziff and Sean Ward IV - Property, Empire and Indigenous Title 11. Land Law and the Making of the British Empire Patrick McAuslan 12. Translating Native Title to Individual ‘Title’ in Australia: Are Real Property Forms and Indigenous Interests Reconcilable? Lee Godden and Maureen Tehan 13. Individual Title versus Collective Title in Australia: Reflections on the North American and New Zealand Experiences of Indigenous Title to Land M A Stephenson

Read more less

Book Synopsis

Read more less

Book SynopsisThe Modern Studies in Property Law Conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. The eighth biennial conference was held at the University of Oxford in March 2010, and this book is the sixth in the series Modern Studies in Property Law. The volume is a refereed and revised selection of the papers given at the Oxford conference, covering a broad range of topics of contemporary importance, both nationally and internationally. The book includes chapters written by the key speakers at the conference: Lady Justice Arden, Professor Kevin Gray and Law Commissioner, Professor Elizabeth Cooke.Table of ContentsI: The 'Propertiness' of Property 1. Recreational Property Kevin Gray 2. Lighting the Way Ahead: The Use and Abuse of Property Rights Paul S Davies 3. Water Matters: A Study of Water-Related Problems in Property Law The Rt Hon Lady Justice Arden DBE 4. From Obligations to Proprietary Interests: A Critique of the Charging Orders System in England and Wales David Capper, Heather Conway and Lisa Glennon 5. Clash of the Titans: Article 8, Occupiers and Their Home Sarah Nield II: Doctrinal Development of Property Rights 6. The Rise and Fall of the Implied Periodic Tenancy Jill Morgan 7. A Longitudinal Analysis of the Mortgage Repossession Process 1995-2010: Stability, Regulation and Reform Lisa Whitehouse 8. Proprietary Estoppel, Promises and Mistaken Belief John Mee III: Easements, Covenants and Public Rights of Way: Scope and Reform 9. The Genetics of Appurtenant Interests Elizabeth Cooke 10. Framework for Land Obligations: What Can be Learnt from the Scots Law of Real Burdens? Lu Xu 11. The Consequences of Genetic Engineering: A Comment on Lu Xu's Chapter Elizabeth Cooke 12. Prescription and User 'As of Right': Ripe for Wholesale Reform? Rowena Meager IV: Land Registration 13. Morality and the Mirror: The Normative Limits of the 'Principles of Land Registration' Aruna Nair 14. Bijural Ambiguity and Values in Land Registration Systems Matthew Harding and Robin Hickey V: Theoretical Enquiries about Property 15. The Numerus Clausus Principle and Covenants Relating to Land Ben McFarlane 16. Conversion of Contractual Rights Amy Goymour 17. Intellectual Property and the Concept of Dematerialised Property Andreas Rahmatian

Read more less

Book SynopsisThis book contains a collection of peer reviewed papers presented at the ninth biennial Modern Studies in Property Law conference held at the University of Southampton in March 2012. It is the 7th volume to be published under the name of the conference. The conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects both the breadth of modern research in property law and its international dimensions. Incorporating a keynote address by Lord Walker of Gestingthorpe, retired Justice of the Supreme Court, on 'The Saga of Strasbourg and Social Housing,' a number of chapters reveal the bourgeoning influence of human rights in property law. Other contributions illustrate an enduring need to question and explore fundamental concepts of the subject alongside new and emerging areas of study. Collectively the chapters demonstrate the importance and relevance of property research in addressing a wide range of contemporary issues.Table of ContentsPART I: PROPERTY AND HOUSING 1. The Saga of Strasbourg and Social Housing Lord Walker of Gestingthorpe 2. Owning Part but Losing All: Using Human Rights to Protect Home Ownership Susan Bright, Nicholas Hopkins and Nicholas Macklam 3. The Big Society and Social Housing: Never the Twain Shall Meet? Warren Barr 4. Regulating Residential Tenancies in Ireland: Rights, Responsibilities and Enforcement Áine Ryall PART II: CHALLENGING PERCEPTIONS OF PROPERTY AND TRUSTS 5. Shapeless Trusts and Settlor Title Retention: An Asian Morality Play Adam S Hofri-Winogradow 6. Misplaced Trust: First Principles and the Conveyance of Legal Leases to Minors Leslie Turano-Taylor 7. The Community of Owners' Regulation of Common Property in Polish Condominium Schemes Magdalena Habdas 8. Collective Property: Owning and Sharing Residential Space Sarah Blandy 9. Earth under the Nails: The Extraordinary Return to the Land Sue Farran PART III: INTERSECTIONS BETWEEN PRIVATE PROPERTY, THE PUBLIC AND THE STATE 10. Towards an Understanding of Public Property John Page 11. The Sale of Items in Museum Collections Janet Ulph 12. Property as a Human Right: Another Casualty of the 'War on Terror'? Frankie McCarthy 13. The Evolving Relationship between Property and Participation in English Planning Law Rachael Walsh 14. The Rise of Property Rights: Implications for Urban Planning, Environmental Protection and Biodiversity Conservation in Australia Peter Williams PART IV: THE NATURE, CONTENT AND ACQUISITION OF PROPERTY 15. 'Persistent Rights' Appraised Simon Gardner 16. The Content of a Freehold: A 'Right to Use' Land? Simon Douglas 17. Property and Alienation: Rights, Obligations, Restraints Scott Grattan 18. Possession Taken by Theft and the Original Acquisition of Personal Property Rights Robin Hickey 19. The Prevalence of Private Takings Emma JL Waring

Read more less