Modern Studies in Property Law, Volume 10

Informationen zum Autor Ben McFarlane is Professor of Law at University College London. Sinéad Agnew is Lecturer in Property Law at University College London. Klappentext This book contains a collection of papers presented at the Twelfth Biennial Modern Studies in Property Law Conference held at University College London in April 2018. The conference and its published proceedings are an established forum for property lawyers from around the world to showcase the latest research. This collection includes a keynote address by Dame Elizabeth Gloster, former Vice President of the Court of Appeal (Civil Division), on technology in property law. It also includes plenary addresses by Professor Henry Smith on the architecture of property law and the challenge of compiling the American Law Institute's Fourth Restatement of Property, and by Her Honour Judge Karen Walden-Smith on the role of the first instance judge in property cases. Sixteen further chapters address a wide range of issues, including the theory and taxonomy of land law, the re-evaluation of land obligations, the nature and operation of equitable property rights and shares, the role of property in commerce, comparative approaches to leases and trusts, and contemporary issues in land registration. Collectively, the chapters demonstrate the vibrancy, diversity and importance of property law and of current research in the subject. Vorwort The tenth volume in Hart's successful series, Modern Studies in Property Law, bringing together the best of property law scholarship in the UK and beyond. Zusammenfassung This book contains a collection of papers presented at the Twelfth Biennial Modern Studies in Property Law Conference held at University College London in April 2018. The conference and its published proceedings are an established forum for property lawyers from around the world to showcase the latest research. This collection includes a keynote address by Dame Elizabeth Gloster, former Vice President of the Court of Appeal (Civil Division), on technology in property law. It also includes plenary addresses by Professor Henry Smith on the architecture of property law and the challenge of compiling the American Law Institute's Fourth Restatement of Property, and by Her Honour Judge Karen Walden-Smith on the role of the first instance judge in property cases. Sixteen further chapters address a wide range of issues, including the theory and taxonomy of land law, the re-evaluation of land obligations, the nature and operation of equitable property rights and shares, the role of property in commerce, comparative approaches to leases and trusts, and contemporary issues in land registration. Collectively, the chapters demonstrate the vibrancy, diversity and importance of property law and of current research in the subject. Inhaltsverzeichnis PART IMODERN CHALLENGES IN PROPERTY LAW1. Technology in Property: Putting You All on Notice Dame Elizabeth Gloster 2. Restating the Architecture of Property Henry E Smith 3. ' Judges are Human, Not Many People Know That': The Travails of the First Instance Judge Her Honour Judge Karen Walden-Smith PART IIPROPERTY: DEFINITION AND PROTECTION4. Defending Property: Self-help Remedies, the Use of Force, and the Concept of a Property Right Robin Hickey 5. The Essence of Private Nuisance Donal Nolan 6. Redrawing the Law's Definition of Property in the Light of Contemporary Use of Urban Surfaces Sue Farran 7. Corporate Shares as Shares Larissa Katz 8. The Proprietary Nature of Title-based Financing Interests Magda Raczynska PART IIILAND: RELATIONSHIPS AND REGULATION9. Remedies for Breaches of Rights to Light: Averting a Tragedy of the Anticommons Craig Rotherham 10. Re-evaluating Recreational Easements - New Norms for the Twenty-First Century? Susan Pascoe 11. T...

Préface
The tenth volume in Hart's successful series, Modern Studies in Property Law, bringing together the best of property law scholarship in the UK and beyond.

Auteur
Ben McFarlane is Professor of Law at University College London. Sinéad Agnew is Lecturer in Property Law at University College London.

Résumé
This book contains a collection of papers presented at the Twelfth Biennial Modern Studies in Property Law Conference held at University College London in April 2018. The conference and its published proceedings are an established forum for property lawyers from around the world to showcase the latest research. This collection includes a keynote address by Dame Elizabeth Gloster, former Vice President of the Court of Appeal (Civil Division), on technology in property law. It also includes plenary addresses by Professor Henry Smith on the architecture of property law and the challenge of compiling the American Law Institute's Fourth Restatement of Property, and by Her Honour Judge Karen Walden-Smith on the role of the first instance judge in property cases. Sixteen further chapters address a wide range of issues, including the theory and taxonomy of land law, the re-evaluation of land obligations, the nature and operation of equitable property rights and shares, the role of property in commerce, comparative approaches to leases and trusts, and contemporary issues in land registration. Collectively, the chapters demonstrate the vibrancy, diversity and importance of property law and of current research in the subject.

Contenu
PART I MODERN CHALLENGES IN PROPERTY LAW 1. Technology in Property: Putting You All on Notice Dame Elizabeth Gloster 2. Restating the Architecture of Property Henry E Smith 3. '**Judges are Human, Not Many People Know That': The Travails of the First Instance Judge Her Honour Judge Karen Walden-Smith PART II PROPERTY: DEFINITION AND PROTECTION 4. Defending Property: Self-help Remedies, the Use of Force, and the Concept of a Property Right Robin Hickey 5. The Essence of Private Nuisance Donal Nolan 6. Redrawing the Law's Definition of Property in the Light of Contemporary Use of Urban Surfaces Sue Farran 7. Corporate Shares as Shares Larissa Katz 8. The Proprietary Nature of Title-based Financing Interests Magda Raczynska PART III LAND: RELATIONSHIPS AND REGULATION 9. Remedies for Breaches of Rights to Light: Averting a Tragedy of the Anticommons Craig Rotherham 10. Re-evaluating Recreational Easements New Norms for the Twenty-First Century? Susan Pascoe 11. The Recognition of Covenants in Gross in New Zealand: A Dangerous Advancement? Ben France-Hudson 12. Security of Tenure in the Private Rented Sector in England: Balancing the Competing Property Rights of Landlords and Tenants Emily Walsh 13. Long Leases and Affordable Housing: A Comparative Analysis of French and English Law Fabiana Bettini 14. How is the Fit? The Regulation of Mortgages as Enduring Property Relationships Sarah Nield PART IV LAND REGISTRATION: PROBLEMS AND SOLUTIONS 15. Updating Land Registration Law and Practice: Some Lessons from China Lu Xu 16. Death, Lies, and Land Registration Siôn Hudson and Brian Sloan PART V TRUSTS: NATURE AND OPERATION 17. The Paradox of the Equitable Proprietary Claim Sinéad Agnew and Ben McFarlane 18. '**So How Should I Presume?': Loan, Resulting Trust, or Discharge of a Prior Obligation John Mee 19. Trusts and Legal Transplants: Lessons from Japan James C Fisher