Show Summary Details
Page of

(p. 51) 3. Creating Property 

(p. 51) 3. Creating Property
(p. 51) 3. Creating Property

Sarah Worthington

Page of

PRINTED FROM OXFORD LAW TROVE ( © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Law Trove for personal use (for details see Privacy Policy and Legal Notice).

date: 01 March 2021

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. For many, Equity's greatest contribution to the law has been its manipulation of traditionally accepted concepts of property. This chapter deals with two strategies that Equity adapted to achieve its radical ends. Equity's first strategy is straightforward. Equity would sometimes regard certain assets as property even when the Common Law did not. This meant that these assets could be traded; they became usable wealth, at least in Equity's eyes. Equity's second strategy for manipulating concepts of property is more complicated. Equity will sometimes say that A ‘owns’ a car (or a company share, or an insurance pay-out) even though the Common Law says that B does. The chapter considers what it means when Equity says that A ‘owns’ property, and why the assertion is so ingenious.

Access to the complete content on Law Trove requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access code, please see the information provided with the code or instructions printed within the title for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us.