Show Summary Details
Land LawText, Cases and Materials

Land Law: Text, Cases and Materials (5th edn)

Ben McFarlane, Nicholas Hopkins, and Sarah Nield
Page of

Printed from Oxford Law Trove. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice).

date: 03 June 2023

p. 31. What’s Special About Land?locked

p. 31. What’s Special About Land?locked

  • Ben McFarlane,
  • Nicholas Hopkins
  •  and Sarah Nield


All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter illustrates the significance of land and, hence, of land law. It concentrates on the features that make land special and the distinctive legal rules produced by those features. The chapter explains that the focus of land law is on private property rights to use land. It then demonstrates some important themes of land law by examining an important land law case involving a dispute between an occupier of land and a bank. It is noted that the special features of land sharpen the court’s dilemma when deciding between competing claims to the use of land. It also considers the differing judicial philosophies that may influence a court’s approach to resolving this dilemma.

You do not currently have access to this chapter

Sign in

Please sign in to access the full content.


Access to the full content requires a subscription