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"This well-written and thoroughly researched book is essential
reading for anyone interested or involved in property law or in
English legal history. The main text and the footnotes both contain
fascinating information. Mark Wonnacott's book throws illuminating
shafts of light on the political, economic, social, and religious
history of this country, as well as its legal history." --LORD
NEUBERGER OF ABBOTSBURY, M.R.Who has not been a landlord or a
tenant? It is one of the most common legal relationships between
people, and has been since the medieval period. But there is very
little academic interest in the law of landlord and tenant. Nobody
before has attempted to write its history. This book shows how the
rules on each point of importance have developed. Sometimes it
demonstrates how a wrong turn has been taken, or an important
principle forgotten. But its practical use is to provide the
material for understanding the old cases, and to put those cases in
their proper context; for it is hard for any lawyer, advising on a
doubtful point, to say where exactly we are now, without a thorough
understanding of what the law once was and how and when it might
have changed. The historical development of the rules about
granting leases, their different types, the rents, covenants and
conditions which can be attached to them, their alienation and
termination, and the forms of action used to enforce them, are all
explained in this book.MARK WONNACOTT is a barrister at Maitland
Chambers in Lincoln's Inn, London, specialising in property
litigation. If it is attached to the ground, he litigates about it,
and the dustier corners of land law are his particular favourite.
He was counsel for the successful appellant in Berrisford v.
Mexfield Housing Co-operative Ltd. 2011] UKSC 52, which revived the
rule that a tenancy for an uncertain term is a defeasible lease for
life. When not in court or writing law-books, he is collecting or
repairing them, or trying to learn Italian, without much success,
or appreciating wine, with somewhat more success. His previous
publications include Drafting Property Pleadings (EMIS Professional
Publishing, 1997) and Possession of Land (Cambridge University
Press, 2006).
Nothing is more important in English land law than 'possession'. It
is the foundation of all title, rights and remedies. But what
exactly is it, and why does it still matter? This book, first
published in 2006, is about the meaning, significance and practical
effect of the concept of possession in contemporary land law. It
explains the different meanings of possession, the relationship
between possession and title, and the ways in which the common law
and equity do, and do not, protect possession. The rights and
remedies of freeholders, tenants and mortgage lenders, between
themselves and against third parties, are all to some extent
dependent on questions of status and possession. This book shows
how. It is designed to provide an understanding of the basic
principles for the student, and answers to difficult, real problems
for the practitioner.
Nothing is more important in English land law than 'possession'. It
is the foundation of all title, rights and remedies. But what
exactly is it, and why does it still matter? This book, first
published in 2006, is about the meaning, significance and practical
effect of the concept of possession in contemporary land law. It
explains the different meanings of possession, the relationship
between possession and title, and the ways in which the common law
and equity do, and do not, protect possession. The rights and
remedies of freeholders, tenants and mortgage lenders, between
themselves and against third parties, are all to some extent
dependent on questions of status and possession. This book shows
how. It is designed to provide an understanding of the basic
principles for the student, and answers to difficult, real problems
for the practitioner.
"This well-written and thoroughly researched book is essential
reading for anyone interested or involved in property law or in
English legal history. The main text and the footnotes both contain
fascinating information. Mark Wonnacott's book throws illuminating
shafts of light on the political, economic, social, and religious
history of this country, as well as its legal history." --LORD
NEUBERGER OF ABBOTSBURY, M.R. Who has not been a landlord or a
tenant? It is one of the most common legal relationships between
people, and has been since the medieval period. But there is very
little academic interest in the law of landlord and tenant. Nobody
before has attempted to write its history. This book shows how the
rules on each point of importance have developed. Sometimes it
demonstrates how a wrong turn has been taken, or an important
principle forgotten. But its practical use is to provide the
material for understanding the old cases, and to put those cases in
their proper context; for it is hard for any lawyer, advising on a
doubtful point, to say where exactly we are now, without a thorough
understanding of what the law once was and how and when it might
have changed. The historical development of the rules about
granting leases, their different types, the rents, covenants and
conditions which can be attached to them, their alienation and
termination, and the forms of action used to enforce them, are all
explained in this book. MARK WONNACOTT is a barrister at Maitland
Chambers in Lincoln's Inn, London, specialising in property
litigation. If it is attached to the ground, he litigates about it,
and the dustier corners of land law are his particular favourite.
He was counsel for the successful appellant in Berrisford v.
Mexfield Housing Co-operative Ltd. 2011] UKSC 52, which revived the
rule that a tenancy for an uncertain term is a defeasible lease for
life. When not in court or writing law-books, he is collecting or
repairing them, or trying to learn Italian, without much success,
or appreciating wine, with somewhat more success. His previous
publications include Drafting Property Pleadings (EMIS Professional
Publishing, 1997) and Possession of Land (Cambridge University
Press, 2006).
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