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Items
Details
Author
Title
Land law / Elizabeth Cooke.
Published
Oxford, U.K. : Oxford University Press, 2012.
Printed
[2014]
Call Number
KD829 .C66 2012
Edition
Second edition.
ISBN
9780199653232 (pbk.)
0199653232 (pbk.)
9780199653225 (hardcover)
0199653224 (hardcover)
0199653232 (pbk.)
9780199653225 (hardcover)
0199653224 (hardcover)
Description
xx, 265 pages ; 22 cm.
System Control No.
(OCoLC)782988420
Summary
"Giving a clear, concise introduction to land law, this book looks at the way in which the law regulates our relationship with the land on which we walk, work, and live. Land law is about the connections between people and land, and also the relationships between people, jostling for space and allocating resources. As people change, so do the ways they use and think about land: land law today looks very different from how it did fifty years ago, and in another generation's time it will have changed again." --Publiisher's website.
Bibliography, etc. Note
Includes bibliographical references and index.
Series
Record Appears in
Table of Contents
Table of Cases
xv
Tables of Statutes
xviii
1.
What is Land Law?
1
What are property rights?
2
What is real property?
5
What is land?
7
Tensions and themes in land law
9
Property rights and human rights
10
2.
Property Rights in Land
15
Ownership of land
15
Law and equity
26
Non-ownership rights
30
enforceability of legal and equitable property rights
35
3.
Land Law and Registration Today
39
1925 and the management of complexity
39
Registration and the management of enforceability
44
enforceability of beneficial interests in land
56
Indefeasibility and the register's positive warranty
65
Conclusion
70
4.
Creating and Acquiring Interests in Land: Words and Intentions
73
Formalities
74
Informal transacting
82
Resulting trusts
85
Common intention constructive trust
87
Proprietary estoppel
96
Implied trusts, estoppel, and family property
103
Estoppel and the rescuing of informal transactions
105
5.
Joint Ownership of Land
109
Legal structure of concurrent beneficial joint ownership: Joint tenancy or tenancy in common
112
statutory framework for trusts of land
119
internal management of trusts of land
121
Dispute resolution for trusts of land
123
Trusts of land in bankruptcy
127
Equitable accounting
129
external face of the trust of land
130
Afterword
132
6.
Mortgages
135
mechanics of mortgages
137
Rights, remedies, and protections in the mortgage relationship
141
Third parties and the protection of mortgagees
149
Joint mortgagors and the problem of pressure
160
Mortgages, capital, and risk
168
7.
Leases, Licences, and Commonholds
171
Leases
171
Leases defined
174
Leases contrasted with licences
177
Types of lease
180
need for certainty of term
183
Creation and registration of leases
185
Leasehold covenants
187
Termination of leases
195
Statutory regimes for the protection of the tenant's home and investment
197
Security of tenure
198
right to buy and leasehold enfranchisement
204
Commonhold
206
Conclusions and reform
207
8.
Appurtenant Rights
211
Easements
212
Bringing easements to an end
223
Covenants in freehold land
226
Bringing covenants to an end
235
Reform?
236
Law Commission's 2011 report
239
9.
Whatever Happened to Relativity of Title?
243
Relativity and limitation
243
Squatter's title
246
revolution: Adverse possession and registered land
250
Adverse possession after the Land Registration Act 2002: Title by registration
252
Adverse possession and human rights
254
residual law of adverse possession
257
Evaluation
260
Index
263