Possession Relative Title And Ownership In English Law
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Possession, Relative Title, and Ownership in English Law by Luke Rostill Pdf
This monograph provides a sustained analysis of two foundational principles of English property law: the principle of relative title and the principle that possession is a source of title. It examines several central concepts in the law of property, including possession and ownership.
Possession, Relative Title, and Ownership in English Law by Luke David Rostill Pdf
This monograph provides a sustained analysis of two foundational principles of English property law: the principle of relative title and the principle that possession is a source of title. It examines several central concepts in the law of property, including possession and ownership.
Claims to adverse possession are very popular and yet the law is far from straightforward. It is also very topical having been recently reviewed by the House of Lords in JA Pye (Oxford) Ltd v Graham, and the Land Registration Act 2002 has made significant alterations. However it will still apply to unregistered land and even in the case of registered land, adverse possession will continue to be of importance and an area of considerable complexity.Jourdan: Adverse Possession is the first text book to deals with the subject in detail. It provides a full treatise on the law, referring to both English and Commonwealth authorities, and examines the various issues of principle and practice which arise including title, meaning and elements of possession, the running of time, estoppel and human rights considerations. It also deals with specific circumstances and factors such as registered title, easements, leases, mortgages, trusts, co-ownership, and licences. Valuable advice is also given drafting pleadings in adverse possession disputes.Written by a well-known barrister from a leading set of chambers, it is the only detailed, practical guide to this area of law. It will be of value to a
This title offers an authoritative and concise introduction to personal property law. Providing a definition of personal property law, the author demonstrates why an understanding of the principles of personal property is important.
The Principles of Personal Property Law by Duncan Sheehan Pdf
The law of personal property covers a very wide spectrum of scenarios and, unfortunately, has had little detailed scrutiny of its overarching structure over the years. It is a system and can best be understood as a system. Indeed, without understanding it as a system, it becomes much more difficult to comprehend. The second edition of this acclaimed textbook continues to provide a comprehensive yet detailed coverage of the law of personal property in England and Wales. It includes transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together areas often scattered throughout company law, commercial law, trusts and tort textbooks, it enables readers to see common themes and issues and to make otherwise impossible generalisations across different contexts about the nature of the concepts English law applies. Throughout the book, concepts are explained rigorously, with reference to how they are used in commercial practice and everyday life. The new edition also includes a new chapter on secured transactions law reform, and introduces new material on the Cape Town Convention, IP rights and other intangible property. The book will be of primary interest to academics and practitioners in the area. However, it will also be of use to students studying commercial or personal property law.
Title and Title Conflicts in respect of Intermediated Securities under English Law by Wenwen Liang Pdf
This book examines property issues in respect of intermediated securities under English law, namely title and title conflicts between a true owner and a purchaser. Intangible book entry securities held with an intermediary, often commingled with the holdings of other clients of the intermediary, often give rise to uncertainty in property rights in the securities of an investor under most legal systems, for example, whether property rights can be established and how title conflicts are dealt with. This book identifies the flexible framework of English property law for establishing property rights over commingled intangibles, in particular through trusts; establishes the policy of priority rules as of comparing the merits of rights and preferring a vested right of a true owner over a subsequent purchaser, particularly a vested right under fiduciary relations. The book works towards the conclusion that, given the general principle of English property law for vested rights, title conflicts may be tilted towards purchasers in a mild rather than a radical way, by introducing a good faith purchaser rule to intermediated securities or leaving it to judicial discretion where an estoppel might work in favour of a purchaser. This book is suitable for lawyers, officials and academics in the field of intermediated securities, as well as trust, property and financial regulation.
Nothing is more important in English land law than 'possession'. It is the foundation of all title, rights and remedies. But what exactly is it, and why does it still matter? This book, first published in 2006, is about the meaning, significance and practical effect of the concept of possession in contemporary land law. It explains the different meanings of possession, the relationship between possession and title, and the ways in which the common law and equity do, and do not, protect possession. The rights and remedies of freeholders, tenants and mortgage lenders, between themselves and against third parties, are all to some extent dependent on questions of status and possession. This book shows how. It is designed to provide an understanding of the basic principles for the student, and answers to difficult, real problems for the practitioner.
Separation and Abstraction in Property Transfers by Zhicheng WU Pdf
This book argues that there are three dividing lines regarding modes and consequences of property transfers which should not be conflated by comparative lawyers, namely, intent alone versus intent plus, unitary approach versus separatist approach, and causality versus abstraction. Unlike Chinese law, English law takes a non-unified approach not only in the stage of transfer but also in the stage of restitution, where the consequence in relation to the property right transferred under a flawed underlying basis can be purely causal, purely abstract, and abstract in common law but causal in equity. Nevertheless, abstraction is normatively more justifiable than causality.
Understanding Property Law by W. T. Murphy,Simon Roberts,Tatiana Flessas Pdf
This text provides a practical guide to complying with the Data Protection Act 1998. Taking the form of an audit, it leads readers through a systematic programme that should help them adopt correct procedures on data protection issues
Land Law by Ben McFarlane,Nicholas Hopkins,Sarah Nield Pdf
An authoritative course text designed to provide a standalone resource for students. It contains a blend of carefully selected key cases, legislation and academic debate linked by substantial author commentary.
