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.
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Chapter
6. Interests in Property
Chapter
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
13. Authorship and ownership of copyright
This chapter explains the law on authorship and copyright ownership. The creator of a work is, in principle, its author. There can be more than one creator for a work and therefore also more than one author. Joint authorship arises when more than one creator is involved in the creation of the work and the contribution of each creator can no longer be separated out in the final result. Copyright is a property right and, as such, needs an owner. The general principle is that the author will be the first owner of the copyright in his or her work.
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
6. Interests in the Family Home
For many people, whether or not they enjoy an interest in the family home is fundamental to their sense of security, stability, and even their sense of self. However, a person may find themselves in a position where they are neither the registered legal owner of property nor do they enjoy an equitable interest under an express trust of land. This chapter examines how a person may acquire an interest in the family home through operation of the law of implied trusts: constructive and resulting trusts. It focuses on non-married, non-civilly partnered, cohabiting couples, or family members otherwise coming together to purchase property as a home. For these people, no legislation exists that gives courts jurisdiction to declare and adjust property interests. In this situation, the courts turn to the law of trusts to determine rights in the home, as this chapter explores.
Chapter
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
3. Authorship and ownership
This chapter analyses how the law evaluates authorship of copyright works. It is crucial to distinguish between authorship and ownership of copyright works, as the two do not necessarily coincide. The reason for this is that an author may decide to license or assign the ownership of the work to a third party, such as a publisher, in exchange for money, i.e. royalties. In such case, the author would still be classed as the author of the work, but would no longer own the economic rights to control the ‘restricted acts’. Authorship and ownership of copyright works is even more complicated in the case of works that are authored and owned jointly. The definition of a work of joint authorship is very precise — it must not be possible to identify each author's respective contribution. The rights of joint-owners are set out in s. 173(2) CDPA.
Chapter
4. The Family Home
N V Lowe, G Douglas, E Hitchings, and R Taylor
This chapter discusses the legal treatment of the family home. It considers the rules governing ownership and the application of the concepts of resulting and constructive trusts and proprietary estoppel to determining entitlement to and shares in the property. It then discusses occupation of the family home, statutory home rights and other forms of protected occupation. It concludes with a discussion of reform proposals including the introduction of a discretionary remedial regime for cohabiting couples.
Chapter
6. Interests in the Family Home
For many people, whether or not they enjoy an interest in the family home is fundamental to their sense of security, stability, and even their sense of self. However, a person may find themselves in a position where they are neither the registered legal owner of property nor do they enjoy an equitable interest under an express trust of land. This chapter examines how a person may acquire an interest in the family home through operation of the law of implied trusts: constructive and resulting trusts. It focuses on non-married, non-civilly partnered, cohabiting couples, or family members otherwise coming together to purchase property as a home. For these people, no legislation exists that gives courts jurisdiction to declare and adjust property interests. In this situation, the courts turn to the law of trusts to determine rights in the home, as this chapter explores.
Chapter
24. Rights Related to Patents
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter is concerned with two areas of law that are related to, but not traditionally part of, patent law: the system of plant variety that gives protection to the breeders of new plant varieties, and supplementary protection certificates that extend the length of patent protection in the UK and are meant to compensate owners for time lost while awaiting regulatory approval to market their patented products. The procedure to be followed when applying for plant variety rights is also discussed, along with issues of ownership, duration, and patent infringement. The chapter concludes by considering exceptions and compulsory licences relating to the plant variety system.
Chapter
30. Design Right
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter focuses on the unregistered Design Right as a means of protecting designs in the United Kingdom under Part III of the Copyright, Designs and Patents Act 1988. It begins by considering the subsistence of the Design Right, with emphasis on the requirement that there be a ‘design’ and exclusions to design protection by the unregistered design right. The chapter then discusses issues of ownership, duration, and infringement as well as the defences that are available in cases of infringement of unregistered designs.
Chapter
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
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
42. Exploitation and Use of Trade Marks
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter is concerned with the exploitation and use of trade marks under the Trade Marks Act 1994. It first considers the ownership of trade marks and ‘unregistered marks’ and the problems that arise in relation to co-ownership. It then describes the ways in which trade marks and ‘unregistered marks’ can be exploited (self-exploitation, assignment, voluntary licences, compulsory licences, mortgages, testamentary dispositions) as well as the limitations placed on the uses that can be made of a trade mark. Registration of interests and transactions is also discussed, and UK competition law is compared with that in Europe. In addition, the chapter presents a list of terms that are commonly used in trade mark licence agreements and the approach that competition law takes towards them. Finally, it outlines trade mark delimitation agreements.
Chapter
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
7. Transfer of ownership by a non-owner
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, which focuses on the situation where a seller is able to transfer ownership of certain goods to a third party despite having no right to the goods, first explains the so-called nemo dat rule, which protects the true owner of the goods and the innocent purchaser gets no title whatever. It then considers several statutory exceptions to the nemo dat rule that protect the innocent purchaser. The chapter also examines how estoppel is applied, sale by a mercantile agent, void and voidable contracts, sale by a seller in possession after sale, sale by a buyer in possession after sale, sale of a vehicle acquired on hire purchase, the (now repealed) sale in market overt, and special powers of sale.
Chapter
8. Forms of governmental authority over territory
This chapter begins with a brief discussion of the concept of territory. It explains key terms and distinctions, including sovereignty and jurisdiction, sovereignty and ownership, sovereignty and administration, and ‘sovereign rights’ beyond state territory. This is followed by discussions of territorial administration separated from state sovereignty and restrictions on disposition of territory.
Book
Emma Lees
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
1. Introduction—Principles and Themes of Land Law
This introductory chapter provides an overview of the land law system. The operation of the land law rules can be split into three central questions: first, the content and nature of individual rights in land — both ownership-estates and interests in another's land; second, the method of creation and transfer of these individual rights; and third, the interaction between these rights and the rights of others. The law's answer to these questions is shaped by the social context within which the rules operate, and by the principles of land law. These principles are certainty; sensitivity to context; transactability; systemic and individual effects; and the importance of recognising social effects. The chapter then considers the logic of the land law system. Understanding this logic begins with understanding the terminology, and this terminology is nowhere more unhelpful but essential than in the distinction between legal and equitable rights, and in the concept of ownership.
Chapter
24. Intellectual Property and Data Protection
The final chapter in the book examines matters relating to the intellectual property created and/or owned by a business and their responsibilities for the data they access and/or produce. Given the value of the outputs from the intellectual creativity of persons (software programs, books, music recordings etc.), this chapter outlines the rights available to protect them and the consequences for infringement. It first identifies the law surrounding creative ideas and work (copyright) before a product’s appearance (design rights) is considered. The chapter continues by assessing the protection of a brand name and image (trademarks) and finishes the substantive issues through examination of inventive ideas and works (patents). Confusion of the public through the unlawful use of an existing business’ name or product can result in the tortious liability of ‘passing-off’. Intellectual property is produced by employees and the consequences of employment status for the rights to exploit the property must be effectively managed. The chapter concludes with an assessment of developments in data protection—the GDPR, Data Protection Act, and the tactics available to businesses to avoid transgression of the law.
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