An Introduction to Land Law
Hart Publishing (Verlag)
978-1-84946-236-5 (ISBN)
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The rules of land law are numerous, complex, and in some cases baffling to students. The study of land law is also often portrayed as dull. Too frequently those who find success in working out how the law operates in other areas find themselves defeated by land law. Even the great jurist Blackstone, while maintaining that 'there is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property', also concluded that the study of land law 'afforded the student less amusement and pleasure in the pursuit' than the study of crime and tort.
This book tries to help with that problem. It aims to tell the rules' story: to talk about them in terms of the work they do, in a way that will allow readers to understand and engage with them. And through the example it offers, it aims also to give students the confidence, spur and tools to go on to develop such perspectives for themselves.
The book covers the main points of land law found in the syllabuses of law schools in England and Wales. While it is not intended as a comprehensive textbook on the topic, it offers sufficient detail for anyone reading it to gain an overview of the subject, and for those seeking more the footnotes offer plenty of pointers. As well as bringing the coverage up to date, this new edition adds chapters about two especially challenging aspects of the subject: the human rights dimension, and the nature of 'ownership'.
As one reader of the first edition commented, 'it shone light where none had shone before, and lit a clear path to understanding'.
'Well written and clear. A great introduction.'
Mika Oldham, Jesus College, Cambridge
'An excellent introduction. Many students will no doubt buy it.'
Matthew Conaglen, Trinity Hall, Cambridge
'A very clear and interesting way into a complex subject.'
David Gregory, Kingston University
Simon Gardner is Hanbury Fellow in Law at Lincoln College, Oxford, and Professor of Law at Oxford University. Emily MacKenzie is training to be a barrister and is a part-time lecturer at Lincoln College, Oxford.
PART 1—THE BASIC IDEAS
1 Rights in Rem
1.1 The Idea of a Right in Rem
1.2 The Kinds of Rights in Rem
1.3 'Persistent Rights'
1.4 Why Focus on Rights in Rem in Land?
2 Human Rights
2.1 Human Rights in Land
2.2 Justiciability
2.3 Article 1 of the First Protocol
2.4 Article 8
2.5 An Overview
2.6 Why Focus on Human Rights in Land?
3 When are Disponees Bound?
3.1 The Registered Land Regime
3.2 The Appropriateness of the Registered Land Regime
3.3 Registration More Generally
4 Consenting Out of a Right
4.1 The Rule in Bristol and West Building Society v Henning
4.2 What Counts as the Necessary Representation?
4.3 Consent to a Replacement Mortgage
PART 2—ACQUISITION OF RIGHTS IN REM
5 Conferment
5.1 Acquisition by 'Conferment'
5.2 Expression and Formalities
5.3 Conferment on Death
5.4 Conferment Inter Vivos
5.5 The Special Case of Leases
6 Contracts to Confer
6.1 Pre-conferment Contracts
6.2 Estate Contracts
7 Adverse Possession and Prescription
7.1 Disorganised Acquisition
7.2 Adverse Possession
7.3 Prescription
8 Proprietary Estoppel
8.1 An Outline
8.2 The Requirements for an Estoppel
8.3 Estoppel Relief
8.4 What is Estoppel About?
8.5 The Estoppel 'Equity'
9 Constructive Trusts
9.1 Two Constructive Trust Doctrines
9.2 Transfer Subject to an Undertaking
9.3 Family Property
PART 3—THE INDIVIDUAL RIGHTS IN REM
10 Ownership
10.1 The Idea of Ownership
10.2 Fixing the Scope of Ownership
10.3 The Essence of Ownership
11 Leases
11.1 The Idea of a Lease
11.2 The Legal Definition of a Lease
11.3 Exclusive Possession
11.4 Other Aspects of the Legal Definition
11.5 Obligations in Leases
11.6 Acquisition of Leases
11.7 Alienating Reversions and Leases
12 Mortgages
12.1 The Essential Idea of a Land Mortgage
12.2 The History of Land Mortgages
12.3 The Content of a Land Mortgage
12.4 Sale and Foreclosure
12.5 Possession
12.6 Collateral Advantages
12.7 The Creation of Mortgages
12.8 Mortgages' Effectiveness against Disponees
13 Easements
13.1 What is an Easement?
13.2 The Creation of Easements
13.3 Easements' Effectiveness against Disponees
14 Restrictive Covenants
14.1 The Idea of a Restrictive Covenant
14.2 What Counts as a Restrictive Covenant?
14.3 The Creation of Restrictive Covenants
14.4 Restrictive Covenants' Effectiveness against Disponees
14.5 The Passing of the Benefit
14.6 A Comparison with Easements
15 Trust Rights 1
15.1 The Basic Concepts
15.2 Where a Trust has More than One Beneficiary
15.3 The Creation of Trust Rights in Land
15.4 Statutory Trusts
15.5 A Worked Example
16 Trust Rights 2
16.1 The Possible Variety of Beneficial Rights
16.2 Access to Particular Benefits 1: General Principles
16.3 Access to Particular Benefits 2: the Right to Occupy Trust Land
16.4 Trust Rights' Effectiveness against Disponees
16.5 Overreaching 1: the Key Ideas
16.6 Overreaching 2: the Effect of Impropriety
16.7 Binding Disponees
16.8 A Worked Example, and an Appraisal
17 Licences
17.1 What is a Licence?
17.2 Bare Licences
17.3 Contractual Licences
17.4 Licences Coupled with an Interest
17.5 Creation of Licences, and their Operation against Disponees
| Verlagsort | Oxford |
|---|---|
| Sprache | englisch |
| Maße | 156 x 234 mm |
| Gewicht | 693 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Sachenrecht | |
| ISBN-10 | 1-84946-236-4 / 1849462364 |
| ISBN-13 | 978-1-84946-236-5 / 9781849462365 |
| Zustand | Neuware |
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