Description
Book SynopsisThis monograph is concerned with two foundational principles of English property law: the principle of relativity of title and the principle that possession is a source of title. It is impossible to understand the relationship between possession and ownership in English law unless one has a sound understanding of these principles. Yet the principles have been interpreted in different ways by judges, practitioners, and academics. The volume seeks to illuminate this area of law by addressing four questions. What is possession? What is the nature of the title acquired through possession? What are the grounds of relativity of title? And, what is the relationship between relativity of title and ownership? Drawing on the analysis of the law concerning relativity of title and the acquisition of proprietary interests through possession, the author also implies that the architecture of land law and the law of personal property have many similarities.
Trade ReviewIn terms of substance, [the book] is a real heavyweight. The sheer depth and rigour of the analysis contained within it do not make for light reading; yet the great merit of Dr Rostill's style of writing is that there is absolutely no fuzziness about it, there are no mere assertions or wasted words. The short monograph is crystal - clear in what it sets out to do, and it delivers comprehensively on this promise ... Dr Rostill's book is one of the best and most stimulating legal monographs this reviewer has had the pleasure to read over the past few years. As a piece of scholarship meticulously shoring up the modern orthodoxy in English property law, it is a must for anyone working in the field, and it deserves to command attention far beyond this constituency. * Birke Häcker, Conveyancer and Property Lawyer *
Rostill's book is a work of great scholarship... * Michael J.R. Crawford, The Modern Law Review *
Table of ContentsPreface 1. Introduction 2. Possession 2.1: The Aims and Scope of the Enquiry 2.2: Scepticism of Possession 2.3: The Nature of Possession 2.4: Possession of Estates and Interests 3. Possession and Title: Three Views 3.1: Introduction 3.2: Three Views of Title by Possession 3.3: The Importance of Distinguishing the Three Views 3.4: Conceptual Objections to Presumptions of Property 3.5: Conclusion 4. Possession and Title to Land 4.1: Introduction 4.2: The Incidents of a Possessor's Interest 4.3: Objections to the Strong Proprietary Interest View 4.4: The Scope of the Acquisition Rule 4.5: Conclusion 5. Possession and Title to Chattels 5.1: Introduction 5.2: The Incidents of a Possessor's Interest 5.3: Objections to the Strong Proprietary Interest View 5.4: Conclusion 6. The Grounds of Relative Title 6.1: Introduction 6.2: Obligation-based Arguments 6.3: The Security and Certainty of Title 7. Ownership and Relativity of Title 7.1: Ownership in General 7.2: Ownership of Land and Chattels in English Law 7.3: Ownership and Relative Title 7.4: Conclusion
