The Informal Acquisition of Rights in Land

A systematic analysis of the situations in which proprietary rights inland may be created in the absence of a formal grant. By focusing on the situations in which rights are acquired, the book enables the reader to appreciate the requirements for the acquisition of a proprietary right.

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This book provides a systematic analysis of the situations in which proprietary rights in land may be created in the absence of a formal grant. This can be created through resulting and constructive trusts, through the doctrines of mutual benefit and burden and non-derogation from grant, by equitable doctrines designed to combat fraud or unconscionable conduct, and by long use. In addition, proprietary estoppel gives rise to rights in land which may not be proprietary. This is the first book to treat these disparate doctrines as an area in their own right.
By focusing on the situations in which rights are acquired, this book enables the reader to appreciate the requirements for the acquisition of a proprietary right without first penetrating the complexities and inconsistencies of the doctrines concerned.