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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 Concentrate Questions and Answers Family Law

6. Family Property  

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on family property, both real and personal, the difference between legal and beneficial ownership of real property, and ownership of personal property in bank accounts. The rights arising from cohabitation are also discussed and compared to rights arising from marriage. The first question is a problem question concerning an unmarried couple who have separated, whilst the second is an essay question on property registered in joint names.

Chapter

Cover Sealy and Hooley's Commercial Law

2. Basic concepts of personal property  

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

This chapter explores some basic concepts of personal property and personal property law. It first explains the distinction between personal and real property before discussing the nature of personal property and analysing the characteristics and significance of property rights. There is then detailed consideration of ownership and possession of chattels, the acquisition and transfer of legal and equitable ownership, and attornment. This is followed by an account of the acquisition and transfer of legal and equitable ownership in choses in action and intangibles. The chapter concludes with an examination of the remedies for recovery of, and interference with, personal property and remedies available for protection of equitable property, including claims to trust assets and claims for breach of trust.

Chapter

Cover Borkowski's Textbook on Roman Law

6. Interests in Property  

This chapter deals primarily with the various interests that could be acquired in property, particularly ownership, rights to servitudes, and possession. The Roman law of property is one of the lasting and important legacies of their legal order and has had a profound impact upon modern legal systems across the world. This chapter begins by considering the Roman classification of property. This was the intellectual starting point in the teaching manuals preserved from the classical period of Roman law. The purpose of this exercise in classification was to demonstrate that certain objects fell outside the sphere of private ownership. Apart from issues of classification, this chapter deals primarily with the various interests that could be acquired in property, particularly ownership, limited real rights over the property of others, such as rights to servitudes, and possession. It deals with the legal rules governing these institutions and their interrelationships. In theory, the interests in property may be divided into two broad categories, namely legal interests (ownership and limited real rights) and factual interests (possession). While such a division is useful, it should not be seen as absolute, since possession, though largely a question of fact, could also have certain legal consequences. But first the Roman classification of property must be considered.

Chapter

Cover Equity and Trusts Concentrate

4. Constitution  

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. When a person transfers legal title to another, the legal title is said to vest in the other person. This chapter considers the rules for the transfer of title (ownership) in property in relation to different types of property. The general principle is that unless the property has been transferred by the correct legal rules then the transfer fails; it is said to be imperfect. The chapter begins by briefly considering the legal rules in relation to validly transferring property to another person. It then deals with equitable rules which have developed to overcome the strict application of the legal rules of vesting.

Chapter

Cover Thompson's Modern Land Law

1. Introduction to Property and Land  

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is a third-party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third-party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.

Chapter

Cover Family Law

7. Property and Finances When Non-Formalized Relationships End  

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 focuses on the resolution of property and financial disputes that may arise between family members who are not spouses or civil partners and so who cannot use the statutory remedies discussed in chapter 6. Instead, parties rely largely on the general law of property, trusts, and contract to provide solutions. This chapter examines those areas of law, and the few statutory provisions that apply between these parties, before considering the prospects for reform.

Chapter

Cover Family Law

7. Property and Finances When Non-Formalized Relationships End  

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 focuses on the resolution of property and financial disputes that may arise between family members who are not spouses or civil partners and so who cannot use the statutory remedies discussed in chapter 6. Instead, parties rely largely on the general law of property, trusts, and contract to provide solutions. This chapter examines those areas of law, and the few statutory provisions that apply between these parties, before considering the prospects for reform.

Chapter

Cover The Principles of Equity & Trusts

12. Trustees  

This chapter examines the duties and powers of trustees. It considers how trustees can be appointed to and removed from office. It explains that trustees have a wide variety of powers but misuse of these powers will constitute a breach of trust. It also highlights the fact that, while trustees have the primary rights of ownership in trust property, they are not able to exploit the beneficial incidents of this ownership for themselves in their capacity as trustees, since they hold the property for other people or sometimes for particular purposes. This chapter also discusses the essence of trusteeship, the different types of trustees, and remuneration of trustees.

Chapter

Cover Medical Law and Ethics

10. Organ Donation and the Ownership of Body Parts  

This chapter examines legal and ethical aspects of organ donation and body part ownership. Topics discussed include the Human Tissue Act 2004; liability for mishaps from organ transplant; the shortage of organs for transplant; xenotransplantation; selling organs; face transplants; and the living body as property. Running through this chapter is a discussion of whether it is preferable to see the body and parts of the body as property or whether they need their own system of legal protection through a statute. This debate ties into broader discussions about the nature of the self and what makes bodies valuable.

Chapter

Cover Commercial Law Concentrate

3. Passing of property and risk  

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 focuses on the transfer of property and risk from the seller to the buyer as agreed upon in a contract of sale of goods. It explains the difference between ownership and possession and discusses the rules on the passing of property, as well as which party bears the legal risk in cases where, for example, the goods are destroyed or in the event of insolvency. The rules relating to both consumer and non-consumer buyers are included. Finally, the chapter examines the unconditional appropriation of the goods to the contract, appropriation by delivery to a carrier, ascertainment and appropriation ‘by exhaustion’, and undivided shares in goods forming part of a bulk.

Chapter

Cover European Intellectual Property Law

11. The Subsistence and Ownership of Copyright and Related Rights  

Justine Pila and Paul L.C. Torremans

This chapter considers the three requirements for copyright and related rights to subsist—the existence of a subject matter of protectable type that is sufficiently connected to the territory of the protecting state and that satisfies any applicable formalities—the combination of international and EU legal sources by which they have been harmonized for EU Member States, and the beneficiaries of the resulting copyright and related rights protection.

Chapter

Cover The Principles of Equity & Trusts

12. Trustees  

This chapter examines the duties and powers of trustees. It considers how trustees can be appointed to and removed from office. It explains that trustees have a wide variety of powers but misuse of these powers will constitute a breach of trust. It also highlights the fact that, while trustees have the primary rights of ownership in trust property, they are not able to exploit the beneficial incidents of this ownership for themselves in their capacity as trustees, since they hold the property for other people or sometimes for particular purposes. This chapter also discusses the essence of trusteeship, the different types of trustees, and payment to trustees.

Chapter

Cover Land Law

12. Interests in the Home: The Acquisition Question  

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 explores the acquisition question in relation to the family home through an analysis of the doctrines of resulting and constructive trusts. The chapter explains the different initial presumptions drawn in cases of joint and sole legal ownership and the particular approach that has been adopted in the case of a home purchased ‘in joint names for joint occupation by a married or unmarried couple, where both are responsible for any mortgage’. The chapter considers how the ‘common intention’ of parties in relation to the common intention constructive trust is determined differently in relation to the primary acquisition question (in cases of sole legal ownership) and the secondary question of the quantification of beneficial shares (applicable in cases of joint and sole beneficial ownership). The chapter addresses the contentious issue of the extent to which the courts’ broader approach to common intention in relation to quantification may be carried over to the primary acquisition question. The chapter considers statutory rights to occupy and current Law Commission proposals for reform.

Chapter

Cover Partnership and LLP Law

6. Partnership Property  

This chapter is concerned with the identification, nature and consequences of an item being regarded as partnership property. It sets out the situations where there is a need to distinguish between partnership property and the property of an individual partner(s), including insolvency and co-ownership issues, with special reference to farming partnerships. The nature of a partner's interest in such property is considered under English law together with the rights attached to it. The limits as to what may constitute such property are followed by the statutory and contractual rules for identification. Property bought out of partnership profits and the use of non-partnership land are considered. The chapter also covers the specific problems associated with two types of asset, the leases of business premises and the concept of the goodwill of a business.

Chapter

Cover Family Law Concentrate

1. Family relationships, marriage, civil partnership, cohabitation  

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 an exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on family relationships, marriage, same sex marriage, civil partnership, forced marriage, and cohabitation, beginning with a discussion of the absence of a widely acceptable definition regarding the concept of ‘family’. It examines how marriage was defined in Hyde v Hyde (1866), and the definition of civil partnership under the Civil Partnership Act 2004. The concept of ‘common law marriage’ and the rights of those cohabiting is considered, along with the importance of formalities to end marriage and civil partnership. It also highlights the rights of parties to a marriage or civil partnership to acquire rights over property during the relationship on the basis of trusts law or proprietary estoppel. Finally, it looks at calls to reform the law in relation to cohabitants, particularly with regard to joint ownership of property.

Book

Cover The Principles of Land Law
The Principles of Land Law provides a framework through which readers can gain a sophisticated understanding of the modern land law system. Firstly, the text explains the key learning objectives. Principles are summarised to conclude each chapter with a comprehensive overview of the topic at hand. Key cases are explained while examples illustrate problems and possible solutions. The aim is to ensure that readers understand how to apply the core principles to land law scenarios accurately, while also conducting their own critical analysis of the subject area. Topics covered include personal and property rights in land, land registration, adverse possession, freehold, leases and mortgages, ownership, and human rights and property law.

Chapter

Cover Land Law

5. Co-ownership  

This chapter explores the law of co-ownership. Co-ownership describes the situation where two or more people own land simultaneously, i.e. at the same time. The chapter considers questions such as how is co-owned land held at law and in equity and how do courts determine disputes involving co-owned land. The law of co-ownership represents an amalgam of common law rules and statutory provisions, most notably under the provisions of the Law of Property Act 1925 and the Trusts of Land and Appointment of Trustees Act 1996 all of which are unpacked in this chapter.

Chapter

Cover Thompson's Modern Land Law

7. Acquisition of Interests in the Home  

Co-ownership of land can involve a number of quite different relationships. One type of relationship, which has caused the most anxiety for courts, is that between cohabiting couples in an intimate relationship. Much of the case law dealing with the acquisition of interests in land has arisen in the context of disputes over ownership of the family home. This chapter, which explores legal issues concerning co-ownership of matrimonial property in England, focusing on acquisition of interests in the matrimonial home, first discusses the creation of co-ownership before turning to express declarations of ownership. It considers resulting, implied, and constructive trusts as well as joint ownership of the legal title, sole ownership of the legal title, contributions and resulting trusts, recent case law on trusts of the family home and the nature of inference and imputation under a constructive trust, and reform of the law on co-ownership.

Book

Cover Commercial Law Concentrate
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. Commercial Law Concentrate is supported by extensive online resources to take your learning further. It has been written by experts and covers all the key topics so you can approach your exams with confidence. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. It is clear, concise, and easy to use, helping you to get the most out of your revision. After an introduction to contracts of the sale of goods, the book covers: statutory implied terms; passing of property and risk; retention of title clauses; exclusion and limitation clauses; non-existence and perishing of goods; transfer of ownership by a non-owner; delivery, acceptance, and payment; remedies of the unpaid seller; remedies of the buyer; consumer credit; the creation of agency and the agent’s authority; and the relationships created by agency—the rights and liabilities of the parties.