1-20 of 60 Results

  • Keyword: possession x
Clear all

Chapter

Cover Commercial Law

2. Personal property  

This chapter is intended to provide an introduction to the concepts that underpin the law as it relates to property other than estates and interests in land. The issues in the chapter are complex and there remain numerous troublesome areas where the law is far from clear. The chapter begins by considering some basic principles and outlining the way in which English law categorizes property before moving on to consider how ownership is best thought of as a bundle of rights over something that the law recognizes as something which can be owned. Two of the three types of proprietary claim to personal property are discussed here—ownership and possession—followed by a discussion of the nature of legal ownership, including co-ownership, along with the difference between legal and equitable ownership.

Chapter

Cover Textbook on Land Law

7. Acquisition of an estate by adverse possession  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. Another way to acquire an estate in land is by adverse possession. The Land Registration Act 2002 (LRA 2002) made major changes to the process of acquiring registered land by adverse possession, but the old rules continue to apply to unregistered land (and registered land where the period of adverse possession was completed before the new Act came into force). This chapter considers what is required to establish adverse possession, and then uses the example of another house in Trant Way, No 3 Trant Way, to illustrate the three systems in operation: adverse possession of unregistered land; adverse possession of registered land under LRA 1925; and the new system of adverse possession of registered land established by LRA 2002. The chapter concludes with a consideration of the human rights issues arising from adverse possession.

Chapter

Cover Textbook on Land Law

7. Acquisition of an estate by adverse possession  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. Another way to acquire an estate in land is by adverse possession. The Land Registration Act 2002 (LRA 2002) made major changes to the process of acquiring registered land by adverse possession, but the old rules continue to apply to unregistered land (and registered land where the period of adverse possession was completed before the new Act came into force). This chapter considers what is required to establish adverse possession, and then uses the example of another house in Trant Way to illustrate the three systems in operation: adverse possession of unregistered land; adverse possession of registered land under LRA 1925; and the new system of adverse possession of registered land established by LRA 2002. The chapter concludes with a consideration of the human rights issues arising from adverse possession.

Chapter

Cover Essential Cases: Land Law

R (on the application of Best) v Chief Land Registrar [2015] EWCA Civ 17, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Best) v Chief Land Registrar [2015] EWCA Civ 17, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

JA Pye (Oxford) Ltd v Graham [2002] UKHL 30, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in JA Pye (Oxford) Ltd v Graham [2002] UKHL 30, House of Lords. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Aslan v Murphy (Nos 1 and 2); Duke v Wynne [1990] 1 WLR 766, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Aslan v Murphy (Nos 1 and 2); Duke v Wynne [1990] 1 WLR 766, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Cheltenham & Gloucester plc v Norgan [1996] 1 WLR 343, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Cheltenham & Gloucester plc v Norgan [1996] 1 WLR 343, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

R (on the application of Best) v Chief Land Registrar [2015] EWCA Civ 17, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Best) v Chief Land Registrar [2015] EWCA Civ 17, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

JA Pye (Oxford) Ltd v Graham [2002] UKHL 30, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in JA Pye (Oxford) Ltd v Graham [2002] UKHL 30, House of Lords. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Aslan v Murphy (Nos 1 and 2); Duke v Wynne [1990] 1 WLR 766, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Aslan v Murphy (Nos 1 and 2); Duke v Wynne [1990] 1 WLR 766, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Cheltenham & Gloucester plc v Norgan [1996] 1 WLR 343, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Cheltenham & Gloucester plc v Norgan [1996] 1 WLR 343, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Land Law Concentrate

6. The leasehold estate  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the leasehold estate. A lease is one of the estates in land capable of being legal. Without both certainty of term and exclusive possession there can be no lease, although the presence of both does not necessarily mean that a lease exists. Formalities for the creation of a legal lease differ depending upon the duration of the lease. Where these formalities have not been met, an equitable lease may exist provided there is a valid contract capable of specific performance. An equitable lease is not as good as the legal equivalent. The most common types of leases are fixed term and periodic. The process of terminating a lease by forfeiture varies depending upon the type of covenant breached.

Chapter

Cover Land Law

4. Adverse Possession  

This chapter explores the law of adverse possession which exists as an exception to position that interests in land can only be created when formality requirements are met. A claim to adverse possession is a claim brought by a trespasser or squatter who has been in possession of another’s land for a long period of time. If successful, the trespasser or squatter may become the legal owner of that land. The chapter discusses the justifications for adverse possession, the requirements that must be satisfied to establish a claim to adverse possession, and the effect of adverse possession on the original landowner.

Chapter

Cover Sealy and Hooley's Commercial Law

3. Bailment  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

This chapter deals with bailment, defined as a transaction under which a bailee lawfully receives possession of goods from a bailor for some purpose. Examples of bailment from commercial law include warehousing, carriage, the deposit of property to have work done on it, leasing, and pledge. A buyer under a sale or return transaction is, pending acceptance or rejection, a bailee of the goods. After explaining what a bailment is, the chapter considers types of bailment and three requirements for a bailment: transfer of possession; ownership remaining in the bailor, or at least not passing to the bailee; and consent by the bailee. It then examines the bailee’s liability and the burden of proof with respect to bailment before concluding with an analysis of bailment involving third parties, focusing in particular on sub-bailment.

Chapter

Cover Land Law

13. Mortgages  

This chapter examines mortgages—a form of proprietary security for the advancement of a loan. A bank or lender advances a loan and in return they are granted a mortgage: an interest in the borrower’s land. Mortgages are distinct from other loans because they are ‘secured’ on the property itself meaning that if the borrower fails to make repayments, the bank can take steps to recover its money including seeking possession of the property and selling it. This chapter explores the nature and creation of mortgages, the rights and powers enjoyed by mortgagors, the rights of mortgagees, the effect of undue influence on mortgages, and the priority of mortgages.

Chapter

Cover Criminal Law

16. Misuse of Drugs Act offences (additional chapter)  

Michael J. Allen and Ian Edwards

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. The Misuse of Drugs Act 1971 includes the main offences in English law involving prohibited drugs. This chapter discusses the offences of unlawful possession, possession with intent to supply a controlled drug, supplying or offering to supply a controlled drug, production of a controlled drug, and offences related to occupiers and those concerned in management of premises.

Chapter

Cover Essential Cases: Land Law

Nasrullah v Rashid [2018] EWCA Civ 2685, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Nasrullah v Rashid [2018] EWCA Civ 2685, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Bruton v London & Quadrant Housing Trust [1999] 1 AC 406, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bruton v London & Quadrant Housing Trust [1999] 1 AC 406, House of Lords. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Street v Mountford [1985] AC 809, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Street v Mountford [1985] AC 809, House of Lords. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Horsham Properties Group Ltd v Clark [2008] EWHC 2327, High Court (Chancery Division)  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Horsham Properties Group Ltd v Clark [2008] EWHC 2327, High Court (Chancery Division). The document also includes supporting commentary from author Aruna Nair.