Description
Book SynopsisLandmark Cases in Land Law is the sixth volume in the Landmark Cases series of collected essays on leading cases (previous volumes in the series having covered Restitution, Contract, Tort, Equity and Family Law). The eleven cases in this volume cover the period 1834 to 2011, although, interestingly, no fewer than six of the cases were decided or reported in the 1980s. The names of the selected cases will be familiar to property lawyers. However, individually, the essays provide a reappraisal of the cases from a wide range of perspectives - focusing on their historical, social or theoretical context, highlighting previously neglected aspects and even questioning their perceived importance. Collectively, the essays explore several common themes that pervade the law of property – the numerus clausus principle, the conclusiveness of registration, the desirability of certainty in the law and the central question of the enforceability of interests through changes in ownership of land. This volume provides a collection of essays that will be of interest to academics, students and practitioners.
Trade ReviewI highly recommend this book to Canadian legal practitioners, academics and law students. Each essay in this volume is well worth reading simply for the doctrinal analysis of the landmark cases. Each author is an authority in land law and each facilitates an in-depth understanding of the cases and their impact. But the worthiness of these essays is not limited to their exemplary doctrinal nature. The essays also provide a rich social, factual or historical context for the decisions and the people and property involved, making the reading experience an enjoyable one. Anyone with an interest in some of the most enduring issues in land law will profit from this collection. -- Jonnette Watson Hamilton * Canadian Business Law Journa *
Table of Contents1 Keppell v Bailey (1834); Hill v Tupper (1863) The Numerus Clausus and the Common Law Ben McFarlane 2 Todrick v Western National Omnibus Co Ltd (1934) The Interpretation of Easements Peter Butt 3 Re Ellenborough Park (1955) A Mere Recreation and Amusement Elizabeth Cooke 4 Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd; Old & Campbell Ltd v Liverpool Victoria Friendly Society (1979) Stitching Together Modern Estoppel Martin Dixon 5 Federated Homes Ltd v Mill Lodge Properties Ltd (1979) Annexation and Intention Nigel P Gravells 6 Williams and Glyn's Bank Ltd v Boland (1980) The Development of a System of Title by Registration Roger Smith 7 Midland Bank Trust Co Ltd v Green (1980) Maintaining the Integrity of Registration Systems Mark P Thompson 8 Street v Mountford (1985); AG Securities v Vaughan; Antoniades v Villiers (1988) Tenancies and Licences: Halting the Revolution Stuart Bridge 9 City of London Building Society v Flegg (1987) Homes as Wealth Nicholas Hopkins 10 Stack v Dowden (2007); Jones v Kernott (2011) Finding a Home for 'Family Property' Andrew Hayward 11 Manchester City Council v Pinnock (2010) Shifting Ideas of Ownership of Land Susan Bright