1-20 of 92 Results

  • Keyword: ownership x
Clear all

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 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 Essential Cases: Land Law

Re Citro [1991] Ch 142, 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 Re Citro [1991] Ch 142, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Re Citro [1991] Ch 142, 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 Re Citro [1991] Ch 142, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Land Law Directions

8. Joint owners of land (co-ownership)  

This chapter discusses ‘express’ co-ownership of land—the situation in which owners make a conscious decision to own land together. It first briefly defines the two types of co-ownership—joint tenancy and tenancy in common—and distinguishes between legal and equitable ownership. It then discusses legal title and equitable title in relation to joint tenancy and tenancy in common; and how to differentiate between joint tenancy and tenancy in common in practice. The chapter also considers the issue of severance, which converts the status of a co-owner from joint tenant to that of tenant in common, as well as the impact of co-ownership on the land register.

Chapter

Cover Concentrate Questions and Answers Land Law

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

Cover Concentrate Questions and Answers Land Law

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

Cover Essential Cases: Land Law

Burgess v Rawnsley [1975] 3 All ER 142, 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 Burgess v Rawnsley [1975] 3 All ER 142, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Burgess v Rawnsley [1975] 3 All ER 142, 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 Burgess v Rawnsley [1975] 3 All ER 142, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Land Law

24. Flat Ownership: Long Leases and Commonhold  

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 addresses the far-reaching issues of ensuring the effective and efficient management of flats. Flat ownership is obtained by granting the flat owner a long lease of his or her flat, with the freehold reversion being held either by an independent landlord or by a company owned collectively by the flat owners. The Commonhold and Leasehold Reform Act 2002 has introduced commonhold to offer a new framework for flat ownership, but, in many cases, it holds few advantages over the long lease where the reversion is collectively owned by the flat lessees through a corporate vehicle.

Chapter

Cover Pearce & Stevens' Trusts and Equitable Obligations

9. Resulting trusts  

This chapter examines resulting trusts, which are one of the two main categories of informal trusts in English law. In general, resulting trusts arise to fill gaps in beneficial ownership or to give effect to the implied intention of the owner of property that someone else should not enjoy the benefit of it. Under existing law, a resulting trust arises in two sets of circumstances. One is where A makes a voluntary payment to B or pays (wholly or in part) for the purchase of property which is vested either in B alone or in the joint names of A and B, with a presumption that A did not intend to make a gift to B. The other is where A transfers property to B on express trusts, but the trusts declared do not exhaust the whole beneficial interest.

Chapter

Cover Land Law

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

Cover Textbook on Land Law

1. Estates in land  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter introduces Trant Way, a road in the fictitious town of Mousehole in the county of Stilton, which will be used throughout the book to illustrate the application of land law rules in practical situations. It also describes one of the houses along the road, Trant House, which in the story presented here has just been put up for sale by its owner, Vernon. It follows a prospective purchaser who is viewing Trant House to explain what is meant by ‘owning land’. The discussion cover topics such as tenure, estates in land, and the 1925 reforms of land law.

Chapter

Cover Textbook on Land Law

3. Buying a house  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses the acquisition of a fee simple estate in land. It first describes the two freehold properties that are currently for sale in Trant Way, Mousehole, Stilton, and their prospective buyers, Barbara Bell (buying ‘unregistered land’), and Mr and Mrs Armstrong (buying ‘registered land’). It explains the two systems of title (registered and registered) that currently exist in English law and provides an outline of the conveyancing proces.

Chapter

Cover Holyoak and Torremans Intellectual Property Law

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

Cover Intellectual Property Law

21. Ownership  

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter explores the issue of patent ownership and the related question of who is entitled to be granted the patent. It begins by considering aspects of British law dealing with ownership and who is properly entitled to the grant of a patent as well as the remedies available where the wrong person has applied for a patent or a patent has been granted to the wrong person. It then analyses in detail who counts as an inventor, issues surrounding inventions allegedly produced by artificial intelligence, joint inventors, and entitlement issues that arise in relation to inventions created by employees.

Chapter

Cover Intellectual Property Law

28. Ownership, Exploitation, and Infringement: Registered Designs and Supplementary Unregistered Designs  

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter focuses on who is entitled to apply for a design registration as well as the rules relating to ownership and exploitation with respect to registered designs in the UK and unregistered Community designs. It also discusses infringement and exceptions in the three harmonized systems. It begins by considering the question of who is initially entitled to a design, citing entitlement under the UK Registered Designs Act 1949. It then turns to assignment and licensing, the optimal period of protection for a design, and the British approach to infringement. Finally, the chapter examines exceptions and defences that are available when dealing with design protection.

Chapter

Cover Intellectual Property Law

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

Cover Textbook on Land Law

1. Estates in land  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter introduces Trant Way, a road in the fictitious town of Mousehole in the county of Stilton, which will be used throughout the book to illustrate the application of land law rules in practical situations. It also describes one of the houses along the road, Trant House, which in the story presented here has just been put up for sale. It follows a prospective purchaser who is viewing Trant House to explain what is meant by ‘owning land’. The discussions also cover topics such as tenure, estates in land (freehold and leasehold estates), and the two modern legal estates.

Chapter

Cover Essential Cases: Land Law

Bagum v Hafiz [2015] EWCA Civ 801, 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 Bagum v Hafiz [2015] EWCA Civ 801, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.