An Introduction to Land Law - Emily MacKenzie

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Résumé :
The rules of land law are numerous, complex, and in some cases baffling to students. The study of land law is also often portrayed as dull. This book tries to help with that problem. It aims to tell the rules' story: to talk about them in terms of the work they do, in a way that will allow readers to understand and engage with them.

Biographie:
Simon Gardner is Hanbury Fellow in Law at Lincoln College, Oxford, and Professor of Law at Oxford University. Emily MacKenzie is training to be a barrister and is a part-time lecturer at Lincoln College, Oxford.

Sommaire:
PART 1-THE BASIC IDEAS 1 Rights in Rem 1.1 The Idea of a Right in Rem 1.2 The Kinds of Rights in Rem 1.3 'Persistent Rights' 1.4 Why Focus on Rights in Rem in Land? 2 Human Rights 2.1 Human Rights in Land 2.2 Justiciability 2.3 Article 1 of the First Protocol 2.4 Article 8 2.5 An Overview 2.6 Why Focus on Human Rights in Land? 3 When are Disponees Bound? 3.1 The Registered Land Regime 3.2 The Appropriateness of the Registered Land Regime 3.3 Registration More Generally 4 Consenting Out of a Right 4.1 The Rule in Bristol and West Building Society v Henning 4.2 What Counts as the Necessary Representation? 4.3 Consent to a Replacement Mortgage PART 2-ACQUISITION OF RIGHTS IN REM 5 Conferment 5.1 Acquisition by 'Conferment' 5.2 Expression and Formalities 5.3 Conferment on Death 5.4 Conferment Inter Vivos 5.5 The Special Case of Leases 6 Contracts to Confer 6.1 Pre-conferment Contracts 6.2 Estate Contracts 7 Adverse Possession and Prescription 7.1 Disorganised Acquisition 7.2 Adverse Possession 7.3 Prescription 8 Proprietary Estoppel 8.1 An Outline 8.2 The Requirements for an Estoppel 8.3 Estoppel Relief 8.4 What is Estoppel About? 8.5 The Estoppel 'Equity' 9 Constructive Trusts 9.1 Two Constructive Trust Doctrines 9.2 Transfer Subject to an Undertaking 9.3 Family Property PART 3-THE INDIVIDUAL RIGHTS IN REM 10 Ownership 10.1 The Idea of Ownership 10.2 Fixing the Scope of Ownership 10.3 The Essence of Ownership 11 Leases 11.1 The Idea of a Lease 11.2 The Legal Definition of a Lease 11.3 Exclusive Possession 11.4 Other Aspects of the Legal Definition 11.5 Obligations in Leases 11.6 Acquisition of Leases 11.7 Alienating Reversions and Leases 12 Mortgages 12.1 The Essential Idea of a Land Mortgage 12.2 The History of Land Mortgages 12.3 The Content of a Land Mortgage 12.4 Sale and Foreclosure 12.5 Possession 12.6 Collateral Advantages 12.7 The Creation of Mortgages 12.8 Mortgages' Effectiveness against Disponees 13 Easements 13.1 What is an Easement? 13.2 The Creation of Easements 13.3 Easements' Effectiveness against Disponees 14 Restrictive Covenants 14.1 The Idea of a Restrictive Covenant 14.2 What Counts as a Restrictive Covenant? 14.3 The Creation of Restrictive Covenants 14.4 Restrictive Covenants' Effectiveness against Disponees 14.5 The Passing of the Benefit 14.6 A Comparison with Easements 15 Trust Rights 1 15.1 The Basic Concepts 15.2 Where a Trust has More than One Beneficiary 15.3 The Creation of Trust Rights in Land 15.4 Statutory Trusts 15.5 A Worked Example 16 Trust Rights 2 16.1 The Possible Variety of Beneficial Rights 16.2 Access to Particular Benefits 1: General Principles 16.3 Access to Particular Benefits 2: the Right to Occupy Trust Land 16.4 Trust Rights' Effectiveness against Disponees 16.5 Overreaching 1: the Key Ideas 16.6 Overreaching 2: the Effect of Impropriety 16.7 Binding Disponees 16.8 A Worked Example, and an Appraisal 17 Licences 17.1 What is a Licence? 17.2 Bare Licences 17.3 Contractual Licences 17.4 Licences Coupled with an Interest 17.5 Creation of Licences, and their Operation against Disponees