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
2. Personal property
Chapter
2. Definition of Land and Finders’ Titles
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about the definition of land and finders’ titles. It considers the application of the Treasure Act 1996; the difference between fixtures and chattels and the legal implications of those differences; the definition of land; the meaning and application of the Latin maxims: cuius est solum eius est usque ad coelum et ad inferos (‘the owner of the land owns everything up to the sky and down to the centre of the earth’) and quicquid plantatur solo, solo cedit (‘whatever is attached to the land becomes part of the land’); the nature of property rights at common law; the relative nature of property rights; possession as font of title for finders; and title to registered land.
Chapter
3. Adverse Possession
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents issues related to adverse possession in both registered and unregistered land and also considers the implications for squatters’ rights of the European Convention on Human Rights.
Chapter
Elitestone v Morris [1997] 1 WLR 687, 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 Elitestone v Morris [1997] 1 WLR 687, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Chapter
Elitestone v Morris [1997] 1 WLR 687, 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 Elitestone v Morris [1997] 1 WLR 687, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Chapter
18. Trespass to Land and Goods, and Conversion
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 considers a range of proprietary torts which protect against trespass to land and goods, as well as conversion which protects against interferences with goods (but not land). It considers the overlap in functions between conversion and property law, particularly in the available remedies such as recovery of the chattel and damages based both on value of the goods (if not recovered) and on consequential loss. The chapter first looks at non-deliberate trespass to land and the remedies available to the claimant. This is followed by a discussion on wrongful interference with goods. The chapter then presents a general definition of conversion and its distinctive features, and what interest in the chattels the claimant must have. Finally, it outlines a number of remedies available to the claimant in the case of conversion. Relevant court cases are cited where appropriate.
Chapter
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.
