Description
Book SynopsisThis book contains a collection of peer-reviewed papers presented at the Tenth Biennial Modern Studies in Property Law Conference held at the University of Liverpool in April 2014. It is the eighth 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 the diversity and contemporary relevance of modern research in property law. Incorporating a keynote address by Sir John Mummery, retired Lord Justice of Appeal, on ‘Property in the Information Age’, a number of chapters consider the contribution of property law to issues central to the human condition; the home, health and death. Other papers illustrate an enduring need to question and explore fundamental concepts of the subject as well as to consider the challenges of reforming the law. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.
Table of ContentsPart I: Law Reform and Property Law 1. Property in the Information Age SIR JOHN MUMMERY 2. A Golden Era? The Impact of the Scottish Law Commission on Property Law ANDREW JM STEVEN 3. Reforming the Law of Prescription: A Cautionary Tale from Ireland PROFESSOR JOHN MEE
Part II: Property and Planning 4. Simplifying Planning Law: A More Radical Approach CHARLES MYNORS 5. Land: Balancing Competing Economic and Social Interests BARBARA BOGUSZ 6. Developers versus Protestors: Contractual Licensees and Possession Claims Post
Dutton ADAM BAKER
Part III: Property and Death 7. Do Parents Always Know Best? Posthumous Provision and Adult Children HEATHER CONWAY 8. Property of the Mentally Incapacitated: Statutory Wills in England and Australia FIONA BURNS 9. Testamentary Freedom: Mutual Wills Might Let You Down SIÔN HUDSON AND BRIAN SLOAN 10. Intestate Property Distribution at Death in the United States CARYL A YZENBAARD
Part IV: Property and Ownership 11. Challenging ‘ Home ’ as a Concept in Modern Property Law: Lessons from the Supreme Court Post-
Stack and
Jones CHRIS BEVAN 12. Land Titling and Communal Property ALISON CLARKE 13. Subsurface Ownership: English or American Rules, Ok? JILL MORGAN 14. Temporal Pluralism: Voluntary Sector Property Partnerships CHRIS WILLMORE 15. Reflections on Formalities GRAHAM FERRIS 16. Constitutional Land Law:
Mexfield and the 40-Shilling Freehold JUANITA ROCHE
Part V: Property and Title 17. Registered Title and the Assurance of Reliability SIMON COOPER 18. Commonhold Developments in Practice LU XU 19. Practical Approaches to the Numerus Clausus of Land Rights: How Legal Professionals in South Africa and the Netherlands Deal with Certainty and Flexibility in Property Law HANRI MOSTERT AND LEON VERSTAPPEN
