Structure of Property Law

Erscheinungsjahr 2008
ISBN: 978-1-84113-559-5
Verlag: Hart Publishing

Buch, Englisch, 965 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 1 g

Shortlisted for the Peter Birks Prize for Outstanding Legal Scholarship 2009

In its essence, property law has to provide answers to two very difficult questions: who is entitled to use property, and how are they entitled to use it? Property law is therefore inherently difficult, but not impossibly so. It consists of an ordered and logical system, which aims to take the sting out of fierce disputes.

This book provides a new perspective on property law. By setting out an underlying structure, it allows the reader to understand the fundamental principles of this difficult subject. By providing detailed coverage of individual topics, it shows how those principles apply in practice and provides a comprehensive resource for anyone studying, teaching, researching or practising in property law.

The book is written in an accessible style, with frequent summaries and, in both its pages and companion web-site it makes use of helpful visual aids. It is ideal reading for law students seeking a rock-solid understanding of how property law and land law work, and contains sufficient detail for use as a course book in:

" Property Law
" Land Law
" Personal Property Law

The book also provides detailed analysis of core topics in:

" Equity & Trusts
" Commercial Law
" Unjust Enrichment & Restitution

See the companion website for this book:

www.hartpub.co.uk/companion/propertylaw.html.

Autoren/Hrsg.

McFarlane, Ben

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

A. INTRODUCTION
1. Aims of the book
2. Land as Private Property
3. Land as a Special Form of Private Property
B. BASIC STRUCTURE OF PROPERTY DISPUTES
4. Introduction
5. Property Rights
6. Defences to Property Rights
7. New Direct Rights
8. Conclusion: The Basic Structure of Property Disputes - The Basic Tension & Basic Questions
C. BASIC CONCEPTS
9. Introduction
10. Numerus Clausus Principle
11. Equity
12. Formalities
13. Registration
D. APPLYING THE BASIC STRUCTURE
D1. An Example: Licences
14. Basic Situation
15. Contractual Licence
16. Future for the Contractual Licence?
D2.Types of Property Right in Land
17. Freehold Estate
18. Leasehold Estate
19. Interests under a Trust of Land
20. Mortgagee's Interest and Equity of Redemption
21. Easements
22. Freehold Restrictive Covenants
D3. Means of Acquiring Property Rights in Land
23. Introduction
24. Proprietary Estoppel
25. Resulting Trusts
26. Constructive Trusts
D4. New, Direct Rights Against an Owner of Land
E. CONCLUSION: THE BASIC STRUCTURE: THEMES AND LIMITS
27. Introduction
28. Equity: Complementing or Undermining the Common Law?
29. What's Special About Land?
30. Areas of Tension
31. Limits of the Basic Structure?
ADDITIONAL MATERIAL
Worked-through Problem Questions
Powerpoint Material
Updates

Über Autor(innen)

Ben McFarlane is Reader in Property Law in the University of Oxford and a Fellow and Tutor in Law at Trinity College. As well as publishing research on property law, his popular lectures on land law and trusts have been recognised by an Oxford University Teaching Excellence award. In 2010 he was awarded a prestigious Philip Leverhulme Prize by the Leverhulme Trust.