Possession, Relative Title, and Ownership in English Law


Book Description

This monograph is concerned with two foundational principles of English property law: the principle of relativity of title and the principle that possession is a source of title. It is impossible to understand the relationship between possession and ownership in English law unless one has a sound understanding of these principles. Yet the principles have been interpreted in different ways by judges, practitioners, and academics. The volume seeks to illuminate this area of law by addressing four questions. What is possession? What is the nature of the title acquired through possession? What are the grounds of relativity of title? And, what is the relationship between relativity of title and ownership? Drawing on the analysis of the law concerning relativity of title and the acquisition of proprietary interests through possession, the author also implies that the architecture of land law and the law of personal property have many similarities.







Property Theory


Book Description

The book brings together a refreshing collection of new essays on property theory, from legal, philosophical and political perspectives.




Property Code


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Law and Economics of Possession


Book Description

Possession is a key concept in both the common and civil law, but it has hitherto received little scrutiny. Law and Economics of Possession uses insights from economics, psychology and history to analyse possession in law, compare and contrast possession with ownership, break down the elements of possession as a fact and as a right, challenge the adage that 'possession is 9/10 of the law', examine possession as notice, explain the heuristics of possession, debunk the behavioural studies which confuse possession with ownership, explore the LightSquared dispute from the perspective of 'possession' of spectrum frequency and provide new insights to old questions such as first possession, adverse possession and property jurisdiction. The authors include leading property scholars, who examine possession laws in, among others, the USA, UK, China, Taiwan, Japan, Germany, France, Israel, the Netherlands, Spain, Portugal, Italy and Austria.




Natural Resources Code


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Taking of Property


Book Description

Examination of the concept of "takings" in the context of international law and international investment agreements. It is an analysis of the law relating to the takings of foreign property by host countries and of the clauses International Investment Agreements' seeking to provide protection against such takings. It deals with the development of the law and considers both what possible protection against governmental interference can be given by international instruments and under what conditions and in which manner a State retains, under international law, the freedom to take action that may affect foreign property in the interests of its economic development.




Examples & Explanations for Property


Book Description

Examples & Explanations: Property, Sixth Edition, is a study aid that offers clear textual introductions to legal terms and concepts in property law, followed by examples and explanations that test and apply the reader’s understanding of the material covered. Both authors have years of experience presenting material in a clear and compelling way. With its rich pedagogy that features boldfaced legal terms and visual aids, Examples & Explanations: Property, Sixth Edition, fills a niche that is distinct from other books. Using a six-part topical organization, accomplished authors Barlow Burke and Joseph Snoe ensure that the rules and doctrines making up the first-year course on the law of property are well covered. New to the Sixth Edition: Revised and rearranged coverage and examples to focus on major points and concepts and to clarify more obscure issues Simplified examples and questions to highlight the main issue A more structured development of Chain of Title problems inherent in recording systems An added discussion of Construction Industry of Sonoma County v. City of Petaluma in the exclusionary zoning section Incorporation of the Department of Justice’s regulations and examples interpreting the Religious Land Use and Institutional Persons Act Expanded guidance on the Wireless Communication Facilities Act Reorganization of the chapter on Takings to emphasize how exceptions build on the Penn Central Transportation Co. v. New York City ad hoc factors Discussion on Muir v. Wisconsin in the Takings analysis (states’ ability to conceptually merge parcels to defeat a Takings claim) Follow-ups on the effect (or lack thereof) of Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection Brief discussion of Marvin M. Brandt Revocable Trust v. United States in easement chapter (whether a railroad abandoning a strip of land held an easement or a fee simple determinable) Clarification and expansion of the discussion of landlord-tenant issues




American Law of Property


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Cato Handbook for Policymakers


Book Description

Offers policy recommendations from Cato Institute experts on every major policy issue. Providing both in-depth analysis and concrete recommendations, the Handbook is an invaluable resource for policymakers and anyone else interested in securing liberty through limited government.