The Structure of Property Law by McFarlane - Bookswagon
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The Structure of Property Law

The Structure of Property Law


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About the Book

Shortlisted for the Peter Birks Prize for Outstanding Legal Scholarship 2009In 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 LawThe book also provides detailed analysis of core topics in:"Equity & Trusts"Commercial Law"Unjust Enrichment & RestitutionSee the companion website for this book:www.hartpub.co.uk/companion/propertylaw.html.

About the Author
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.

Table of Contents
A. INTRODUCTION 1. Aims of the book 2. Land as Private Property 3. Land as a Special Form of Private PropertyB. BASIC STRUCTURE OF PROPERTY DISPUTES4. Introduction5. Property Rights6. Defences to Property Rights7. New Direct Rights8. Conclusion: The Basic Structure of Property Disputes - The Basic Tension & Basic QuestionsC. BASIC CONCEPTS9. Introduction 10. Numerus Clausus Principle11. Equity 12. Formalities 13. RegistrationD. APPLYING THE BASIC STRUCTURED1. An Example: Licences14. Basic Situation15. Contractual Licence16. Future for the Contractual Licence?D2.Types of Property Right in Land17. Freehold Estate18. Leasehold Estate19. Interests under a Trust of Land20. Mortgagee's Interest and Equity of Redemption21. Easements22. Freehold Restrictive CovenantsD3. Means of Acquiring Property Rights in Land23. Introduction24. Proprietary Estoppel25. Resulting Trusts26. Constructive TrustsD4. New, Direct Rights Against an Owner of LandE. CONCLUSION: THE BASIC STRUCTURE: THEMES AND LIMITS27. Introduction28. Equity: Complementing or Undermining the Common Law?29. What's Special About Land?30. Areas of Tension31. Limits of the Basic Structure?ADDITIONAL MATERIALWorked-through Problem QuestionsPowerpoint MaterialUpdates


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Product Details
  • ISBN-13: 9781841135595
  • Publisher: Hart Publishing
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 47 mm
  • Width: 172 mm
  • ISBN-10: 1841135593
  • Publisher Date: 11 Jul 2008
  • Height: 241 mm
  • No of Pages: 965
  • Series Title: English
  • Weight: 1472 gr


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