v. 10 ISBN 9781509921379
This book contains a collection of papers presented at the Twelfth Biennial Modern Studies in Property Law Conference held at University College London in April 2018. The conference and its published proceedings are an established forum for property lawyers from around the world to showcase the latest research. This collection includes a keynote address by Dame Elizabeth Gloster, former Vice President of the Court of Appeal (Civil Division), on technology in property law. It also includes plenary addresses by Professor Henry Smith on the architecture of property law and the challenge of compiling the American Law Institute's Fourth Restatement of Property, and by Her Honour Judge Karen Walden-Smith on the role of the first instance judge in property cases. Sixteen further chapters address a wide range of issues, including the theory and taxonomy of land law, the re-evaluation of land obligations, the nature and operation of equitable property rights and shares, the role of property in commerce, comparative approaches to leases and trusts, and contemporary issues in land registration. Collectively, the chapters demonstrate the vibrancy, diversity and importance of property law and of current research in the subject.
MODERN CHALLENGES IN PROPERTY LAW
1. Technology in Property: Putting You All on Notice
Dame Elizabeth Gloster
2. Restating the Architecture of Property
Henry E Smith
3. 'Judges are Human, Not Many People Know That': The Travails of the First Instance Judge
Her Honour Judge Karen Walden-Smith
PROPERTY: DEFINITION AND PROTECTION
4. Defending Property: Self-help Remedies, the Use of Force, and the Concept of a Property Right
5. The Essence of Private Nuisance
6. Redrawing the Law's Definition of Property in the Light of Contemporary Use of Urban Surfaces
7. Corporate Shares as Shares
8. The Proprietary Nature of Title-based Financing Interests
LAND: RELATIONSHIPS AND REGULATION
9. Remedies for Breaches of Rights to Light: Averting a Tragedy of the Anticommons
10. Re-evaluating Recreational Easements - New Norms for the Twenty-First Century?
11. The Recognition of Covenants in Gross in New Zealand: A Dangerous Advancement?
12. Security of Tenure in the Private Rented Sector in England: Balancing the Competing Property Rights of Landlords and Tenants
13. Long Leases and Affordable Housing: A Comparative Analysis of French and English Law
14. How is the Fit? The Regulation of Mortgages as Enduring Property Relationships
LAND REGISTRATION: PROBLEMS AND SOLUTIONS
15. Updating Land Registration Law and Practice: Some Lessons from China
16. Death, Lies, and Land Registration
Sion Hudson and Brian Sloan
TRUSTS: NATURE AND OPERATION
17. The Paradox of the Equitable Proprietary Claim
Sinead Agnew and Ben McFarlane
18. 'So How Should I Presume?': Loan, Resulting Trust, or Discharge of a Prior Obligation
19. Trusts and Legal Transplants: Lessons from Japan
James C Fisher
v. 9 ISBN 9781782257547
This book contains a collection of peer-reviewed papers presented at the Eleventh Biennial Modern Studies in Property Law Conference held at Queen's University Belfast in April 2016. It is the ninth 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. Following a foreword from the keynote speaker at the Conference, Queen's alumnus Lord Kerr of Tonaghmore, the chapters address a range of issues, from the nature of land law and property rights, through claims to the home and digital assets, to the growing debate on the nature of public property. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.
Part A: Land Law and the Nature of Property Rights in Land
1. The Organic Nature of the Law of Real Property: Reforming Modern Land Law
2. Rethinking the Rules for the Proprietary Effect of Freehold Covenants
JAMES C FISHER
3. Proportionality and the Vindication of Property Rights
4. Adverse Possession, Unregistered Land and Title Defects: A Fly in the Ointment of Irish Reform?
5. Repudiatory Breach of Leases-Hard Lessons for the 'Contractualisation' of Leasehold Law
Part B: Life and Death in Property Law
6. The 'New' New Property: Dealing with Digital Assets on Death
HEATHER CONWAY AND SHEENA GRATTAN
7. The Neighbour, The Carer and The Old Friend-The Complex World of Testamentary Capacity
8. Disability Discrimination: Recasting the Parameters of Proprietary Rights?
9. Charges for Charges: Home Sales under the Care Act 2014
10. Egoism and the Return of Charitable Gifts
Part C: Fraud and Title
11. Points of Tension: Fraud and Challenges under Guarantee of Titles Regimes
12. How Should a System of Registered Title to Property Respond to Fraud and Sharp Practice?
13. Sham Trusts
SIMON DOUGLAS AND BEN MCFARLANE
Part D: Property, Place, and Development
14. Planning Law Reform and Reconceptualising the Regulation of Land Use
15. The Anti-wilderness Bias in the Common Law and Modern American Property Law
16. The Four Dimensions of Public Property
JOHN PAGE AND ANN BROWER
v. 3 ISBN 9781841135588
This 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.
I - Keynote Address
1. Prescriptive Acquisition of Easements: Abolition or Reform?
II - Land Registration
2. Forgery and Alteration of the Register under the Land Registration Act 2002
3. Registration of Invalid Dispositions: Who Gets the Property?
4. Toward an Ecologically Sustainable Property Concept
III - Law and Equity
5. Personal Liability for Receipt of Trust Property: Allocating the Risks
6. Co-Owners and Equitable Accounting: A Comparative Commonwealth Analysis
7. Allcard v Skinner Revisited: Historical Perspectives on Undue Influence
8. Charges, Possession and Human Rights: A Reappraisal of S 87(1) of the Law of Property Act 1925
9. Re Goldcorp Exchange Ltd Revisited
IV - Leaseholds and Commonholds
10. The Regulation of Long Residential Leases
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
VI - Property Worldwide
14. Tensions of Modernity: Law in Developing Land Markets
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
17. Property Theory and the Transformation of Property Law
Andre van der Walt
v. 4 ISBN 9781841136288
This 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.
I - Keynote Address
1. Reforming Housing Law: A Progress Report
II - Law and Equity
2. Equitable Co-ownership: Proprietary Rights in Name Only?
3. Why is the Law of Undue Influence so Hard to Understand and Apply?
4. The Lie of the Land: Mortgage Law as Legal Fiction
5. Curbing the Enthusiasm of Finders
6. Leases: Rethinking Possession against Vulnerable Groups
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
9. An Adjudication Rule for Encroachment Disputes: Adverse Possession or a Building Encroachment Statute?
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
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
v. 5 ISBN 9781841139609
This book is a collection of papers given at the seventh biennial conference held at the University of Cambridge in March 2008, and is the fifth in the series Modern Studies in Property Law. The Property Law 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.
Introduction I. A System of Land Law for the 21st Century 1. Responding to Fraud in Title Registration Systems: A Comparative Study Matthew Harding and Michael Bryan 2. The Versatility of State Indemnity Provisions Simon Cooper 3. Easements and Servitudes Created by Implied Grant, Implied Reservation or Prescription and Title-by-Registration Systems Fiona R Burns 4. Feudal Law: The Case for Reform Judith Bray II. Trusts and Equitable Remedies 5. Restrictions on Dispositions of Charity Property-Protection or Undue Burden? Jean Warburton 6. 'You Just Gotta Keep the Customer Satisfied': Where Stands the Beneficiary's Right to Information? Gerwyn Ll H Griffiths 7. Draftsmen and Suspicious Wills Roger Kerridge 8. Territorial Extremism in Awards of Specific Performance Professor Peter Sparkes III. Family Homes 9. Constructive Trusts and Constructing Intention Nick Piska 10. Bankrupt Husbands and the Application of the Doctrine of Exoneration in Australian Law: Moving into the 21st Century Justice Berna Collier 11. The Elderly, Their Homes and the Unconscionable Bargain Doctrine Lorna Fox O'Mahony and James Devenney IV. Different Conceptions of Property 12. Selling the Land: Should It Stop? A Case Study from the South Pacific Sue Farran 13. Ownership, Possession, Title and Transfer: Human Remains in Museum Collections Charlotte Woodhead 14. Protection of Cultural Property in Times of Armed Conflict: UK Ratification of the Hague Convention 1954 Sarah Williams and Jamie Glister 15. The Extension of Land Registration Principles to New Property Rights in Environmental Goods Pamela O'Connor V. The Nature of Property Rights 16. The Role of Expectation in the Determination of Proprietary Estoppel Remedies John Mee 17. Leases: Property, Contract or More? Jill Morgan 18. The Property Rights of Tribes Dr PG McHugh
v. 6 ISBN 9781849461856
The 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.
I: The 'Propertiness' of Property
1. Recreational Property
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
II: Doctrinal Development of Property Rights
6. The Rise and Fall of the Implied Periodic Tenancy
7. A Longitudinal Analysis of the Mortgage Repossession Process 1995-2010: Stability, Regulation and Reform
8. Proprietary Estoppel, Promises and Mistaken Belief
III: Easements, Covenants and Public Rights of Way:
Scope and Reform
9. The Genetics of Appurtenant Interests
10. Framework for Land Obligations: What Can be Learnt from the Scots Law of Real Burdens?
11. The Consequences of Genetic Engineering: A Comment on Lu Xu's Chapter
12. Prescription and User 'As of Right': Ripe for Wholesale Reform?
IV: Land Registration
13. Morality and the Mirror: The Normative Limits of the 'Principles of Land Registration'
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
16. Conversion of Contractual Rights
17. Intellectual Property and the Concept of Dematerialised Property
v. 7 ISBN 9781849463218
This 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.
PART 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?
4. Regulating Residential Tenancies in Ireland: Rights, Responsibilities and Enforcement
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
7. The Community of Owners' Regulation of Common Property in Polish Condominium Schemes
8. Collective Property: Owning and Sharing Residential Space
9. Earth under the Nails: The Extraordinary Return to the Land
PART III: INTERSECTIONS BETWEEN PRIVATE PROPERTY, THE PUBLIC AND THE STATE
10. Towards an Understanding of Public Property
11. The Sale of Items in Museum Collections
12. Property as a Human Right: Another Casualty of the 'War on Terror'?
13. The Evolving Relationship between Property and Participation in English Planning Law
14. The Rise of Property Rights: Implications for Urban Planning, Environmental Protection and Biodiversity Conservation in Australia
PART IV: THE NATURE, CONTENT AND ACQUISITION OF PROPERTY
15. 'Persistent Rights' Appraised
16. The Content of a Freehold: A 'Right to Use' Land?
17. Property and Alienation: Rights, Obligations, Restraints
18. Possession Taken by Theft and the Original Acquisition of Personal Property Rights
19. The Prevalence of Private Takings
Emma JL Waring
v. 8 ISBN 9781849466226
This 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.
Part 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
5. Land: Balancing Competing Economic and Social Interests
6. Developers versus Protestors: Contractual Licensees and Possession Claims Post Dutton
Part III: Property and Death
7. Do Parents Always Know Best? Posthumous Provision and Adult Children
8. Property of the Mentally Incapacitated: Statutory Wills in England and Australia
9. Testamentary Freedom: Mutual Wills Might Let You Down
SION 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
12. Land Titling and Communal Property
13. Subsurface Ownership: English or American Rules, Ok?
14. Temporal Pluralism: Voluntary Sector Property Partnerships
15. Reflections on Formalities
16. Constitutional Land Law: Mexfield and the 40-Shilling Freehold
Part V: Property and Title
17. Registered Title and the Assurance of Reliability
18. Commonhold Developments in Practice
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
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