This monograph provides a sustained analysis of two foundational principles of English property law: the principle of relative title and the principle that possession is a source of title. It examines several central concepts in the law of property, including possession and ownership.
This monograph provides a sustained analysis of two foundational principles of English property law: the principle of relative title and the principle that possession is a source of title. It examines several central concepts in the law of property, including possession and ownership.
Luke Rostill is an Associate Professor of Property Law in the Oxford Law Faculty and a Tutorial Fellow in Law at Trinity College. Before taking up his current role, Luke was a Supernumerary Teaching Fellow in Law at St John's College, Oxford. Luke read Jurisprudence (Law) at Wadham College, Oxford, and remained at Wadham for the BCL, MPhil, and DPhil. His research and teaching interests primarily concern the law of property and property theory.
Inhaltsangabe
Preface 1. Introduction 2. Possession 2.1: The Aims and Scope of the Enquiry 2.2: Scepticism of Possession 2.3: The Nature of Possession 2.4: Possession of Estates and Interests 3. Possession and Title: Three Views 3.1: Introduction 3.2: Three Views of Title by Possession 3.3: The Importance of Distinguishing the Three Views 3.4: Conceptual Objections to Presumptions of Property 3.5: Conclusion 4. Possession and Title to Land 4.1: Introduction 4.2: The Incidents of a Possessor's Interest 4.3: Objections to the Strong Proprietary Interest View 4.4: The Scope of the Acquisition Rule 4.5: Conclusion 5. Possession and Title to Chattels 5.1: Introduction 5.2: The Incidents of a Possessor's Interest 5.3: Objections to the Strong Proprietary Interest View 5.4: Conclusion 6. The Grounds of Relative Title 6.1: Introduction 6.2: Obligation-based Arguments 6.3: The Security and Certainty of Title 7. Ownership and Relativity of Title 7.1: Ownership in General 7.2: Ownership of Land and Chattels in English Law 7.3: Ownership and Relative Title 7.4: Conclusion
Preface 1. Introduction 2. Possession 2.1: The Aims and Scope of the Enquiry 2.2: Scepticism of Possession 2.3: The Nature of Possession 2.4: Possession of Estates and Interests 3. Possession and Title: Three Views 3.1: Introduction 3.2: Three Views of Title by Possession 3.3: The Importance of Distinguishing the Three Views 3.4: Conceptual Objections to Presumptions of Property 3.5: Conclusion 4. Possession and Title to Land 4.1: Introduction 4.2: The Incidents of a Possessor's Interest 4.3: Objections to the Strong Proprietary Interest View 4.4: The Scope of the Acquisition Rule 4.5: Conclusion 5. Possession and Title to Chattels 5.1: Introduction 5.2: The Incidents of a Possessor's Interest 5.3: Objections to the Strong Proprietary Interest View 5.4: Conclusion 6. The Grounds of Relative Title 6.1: Introduction 6.2: Obligation-based Arguments 6.3: The Security and Certainty of Title 7. Ownership and Relativity of Title 7.1: Ownership in General 7.2: Ownership of Land and Chattels in English Law 7.3: Ownership and Relative Title 7.4: Conclusion
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