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This edited collection of papers comes from the well-established
Modern Studies in Property Law biennial conference. It examines a
diverse range of topics in property law and uses a wide range of
methodological approaches to reflect on a variety of current and
emerging themes and important issues that have been overlooked,
offering new analysis and insights that will be valuable for
property lawyers, academics, and students. It considers new
developments in property law, including those connected with
digital assets and the issues that have arisen from co-housing. The
contributors are leading academics and practitioners from several
common law jurisdictions, which expands the book’s focus and
enhances its value to the reader.
This monograph is concerned with two foundational principles of
English property law: the principle of relativity of title and the
principle that possession is a source of title. It is impossible to
understand the relationship between possession and ownership in
English law unless one has a sound understanding of these
principles. Yet the principles have been interpreted in different
ways by judges, practitioners, and academics. The volume seeks to
illuminate this area of law by addressing four questions. What is
possession? What is the nature of the title acquired through
possession? What are the grounds of relativity of title? And, what
is the relationship between relativity of title and ownership?
Drawing on the analysis of the law concerning relativity of title
and the acquisition of proprietary interests through possession,
the author also implies that the architecture of land law and the
law of personal property have many similarities.
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