Possession of Land


Book Description

Nothing is more important in English land law than 'possession'. It is the foundation of all title, rights and remedies. But what exactly is it, and why does it still matter? This book, first published in 2006, is about the meaning, significance and practical effect of the concept of possession in contemporary land law. It explains the different meanings of possession, the relationship between possession and title, and the ways in which the common law and equity do, and do not, protect possession. The rights and remedies of freeholders, tenants and mortgage lenders, between themselves and against third parties, are all to some extent dependent on questions of status and possession. This book shows how. It is designed to provide an understanding of the basic principles for the student, and answers to difficult, real problems for the practitioner.




Tolley's Claims to the Possession of Land


Book Description

Claims to the Possession of Land sets out and explains the law and procedure of each type of possession claim. With nearly 300 comprehensive forms and precedents, which are readily adaptable for a whole range of cases, it provides a complete and thorough exposition of this complex subject.This definitive work on what is an increasingly important area of law has now been published as a looseleaf. As such it offers up-to-date information on a regular basis to property and litigation lawyers, property managers, landlords, tenants and other occupiers.This looseleaf service has been extensively revised and updated to take account of all new case law as well as changes in legislation. It includes full coverage of the Civil Procedure Rules as well as the cases decided under the new rules.Claims to the Possession of Land is the primary and portable reference work for every type of possession action - both for those seeking possession and those resisting it.One looseleaf volume, two service issues per year (invoiced separately on publication)




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.










Neighbor Law


Book Description

So your neighbor's giant sequoia is blocking your view. Who ya gonna call? The search for a 'dispute buster' should end with this helpful new book. Sunset Magazine - For anyone with a neighbor problem, [Neighbor Law] is a handy book indeed. It walks the reader through written and common law, tells you what your rights are and how to follow through on a complaint all the way to court, if necessary.- Oakland Tribune - Explains how to use mediation services, research local laws, and present a convincing case in small claims court. - Reuters - Surprisingly, this is a fun read. The author includes interesting sidebars and court decisions to clarify her explanations. - Sacramento Bee - A Nolo book that gives practical, no-nonsense approaches to handling neighbor disputes. - Los Angeles Times - This classic book, which keeps getting better with each new edition, answers virtually all questions regarding fences, trees, boundaries and noise.- Orlando Sentinel - Jordan peppers the book with real stories of problems neighbors have with each other. The stories are interesting and, in some cases, hilarious. - Arizona Republic - Even if you don't have a serious neighbor problem yet, this well-written and complete book is a fun and educational read. It is extremely thorough and well-documented. 4 stars: excellent. - Robert Bruss, nationally syndicated real-estate columnist




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.







Land Ownership and Use


Book Description




Colonial Lives of Property


Book Description

In Colonial Lives of Property Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.