Conveyancing / Tenancy / Land

Modern Studies in Property Law, Volume 12

Edited by Natalie Mrockova · Aruna Nair · Luke Rostill
Hart Publishing August 2023

Specifications

ISBN-13
9781509963669
Publisher
Hart Publishing
Publication
August 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Details

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.

Table of Contents

Preface
List of Contributors
Table of Cases
Table of Legislation

Part I: Boundaries of Property
1. A “bit” too much? The Common Law's Digital Dilemma
Sarah Green (University of Bristol, UK; Law Commission of England and Wales, UK)
2. The Rise and Rise Again of Digital Assets – Reconceptualising Data as Property
Damian Clifford (Australian National University, Australia), Andrew Ray (Australian National University, Australia; Federal Court of Australia) and Heather Roberts (Australian National University, Australia)
3. Treeholds
William Swadling (Professor at the University of Oxford, UK)

Part II: Morality of Property
4. Against Conventionalism
Jeremy Waldron (NYU, USA)
5. Expanding the Categories of Negative Easements- Time for Change?
Susan Pascoe (Middlesex University, UK)
6. 'SKI' Clubs and Alternative Choices: The Moral and Legal Limits of Disinheriting Adult Children
Heather Conway (Queen's University Belfast, UK)

Part III: Leases and Co-housing
7. Leases and the Nature of Co-ownership
Natalie Mrockova (University of Oxford, UK) and Luke Rostill (University of Oxford, UK)
8. Legal Meaning and Property Arrangement of Co-housing
by Fabiana Bettini (UCL, UK)
9. Property Guardianship: re-visiting and re-shaping the lease/licence distinction in English Property Law
Chris Bevan (University of Durham, UK)
10. Can Consumer Law Succeed Where Property Law Has Failed? Evaluating Responses to the Crisis of Leasehold
Helen Carr (University of Southampton, UK), Caroline Hunter (University of York, UK), Carl Makin (University of York, UK) and Gwilym Owen ( University of Bangor, UK)
Part IV: Property and Equity
11. Proprietary estoppel: great expectations and detrimental reliance
Lord Sales (Justice, UK Supreme Court, UK)
12. The essential similarity of the English and mixed legal systems express trusts
Joyman Lee (University of Glasgow, UK)
13. Elucidating Equity in Pallant v Morgan
Joshua Teng (Skrine, Malaysia)
14. Subrogation, Marshalling and Property
Rory Gregson (University of Cambridge, UK)
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