Modern Studies in Property Law, Volume 10

Modern Studies in Property Law, Volume 10

by Ben McFarlane, Sinéad Agnew

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Overview

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.

Product Details

ISBN-13: 9781509921386
Publisher: Bloomsbury Publishing
Publication date: 05/30/2019
Series: Modern Studies in Property Law
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 336
File size: 892 KB

About the Author

Ben McFarlane is Professor of Law at University College London.
Sinéad Agnew is Lecturer in Property Law at University College London.

Table of Contents

PART I
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

PART II
PROPERTY: DEFINITION AND PROTECTION
4. Defending Property: Self-help Remedies, the Use of Force, and the Concept of a Property Right
Robin Hickey
5. The Essence of Private Nuisance
Donal Nolan
6. Redrawing the Law's Definition of Property in the Light of Contemporary Use of Urban Surfaces
Sue Farran
7. Corporate Shares as Shares
Larissa Katz
8. The Proprietary Nature of Title-based Financing Interests
Magda Raczynska

PART III
LAND: RELATIONSHIPS AND REGULATION
9. Remedies for Breaches of Rights to Light: Averting a Tragedy of the Anticommons
Craig Rotherham
10. Re-evaluating Recreational Easements – New Norms for the Twenty-First Century?
Susan Pascoe
11. The Recognition of Covenants in Gross in New Zealand: A Dangerous Advancement?
Ben France-Hudson
12. Security of Tenure in the Private Rented Sector in England: Balancing the Competing Property Rights of Landlords and Tenants
Emily Walsh
13. Long Leases and Affordable Housing: A Comparative Analysis of French and English Law
Fabiana Bettini
14. How is the Fit? The Regulation of Mortgages as Enduring Property Relationships
Sarah Nield

PART IV
LAND REGISTRATION: PROBLEMS AND SOLUTIONS
15. Updating Land Registration Law and Practice: Some Lessons from China
Lu Xu
16. Death, Lies, and Land Registration
Siôn Hudson and Brian Sloan

PART V
TRUSTS: NATURE AND OPERATION
17. The Paradox of the Equitable Proprietary Claim
Sinéad Agnew and Ben McFarlane
18. 'So How Should I Presume?': Loan, Resulting Trust, or Discharge of a Prior Obligation
John Mee
19. Trusts and Legal Transplants: Lessons from Japan
James C Fisher

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