Modern studies in property law, volume 10 / edited by Ben McFarlane and Sinéad Agnew.

Format:

Book

Conference/Event

Contributor:

Agnew, Sinéad, editor.

McFarlane, Ben, editor.

Conference Name:

Modern Studies in Property Law Conference (12th : 2018 : University College London)

Series:

Modern studies in property law.

Modern studies in property law

Language:

English

Subjects (All):

Modern Studies in Property Law Conference.

Property--Congresses.

Property.

Physical Description:

1 online resource (520 pages).

Edition:

First edition.

Place of Publication:

Oxford, UK ; Portland, Oregon : Hart Publishing, 2019.

Summary:

"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."--Bloomsbury Publishing.

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.

Notes:

Compliant with Level AA of the Web Content Accessibility Guidelines. Content is displayed as HTML full text which can easily be resized or read with assistive technology, with mark-up that allows screen readers and keyboard-only users to navigate easily.

Includes bibliographical references and index.

ISBN:

9781509921409

1509921400

9781509921393

1509921397

9781509921386

1509921389

OCLC:

1102733616