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Land Law 2nd Revised edition [Pehme köide]

(Professor of Law, University of Reading; Law Commissioner)
  • Formaat: Paperback / softback, 288 pages, kõrgus x laius x paksus: 215x142x16 mm, kaal: 358 g
  • Sari: Clarendon Law Series
  • Ilmumisaeg: 28-Jun-2012
  • Kirjastus: Oxford University Press
  • ISBN-10: 0199653232
  • ISBN-13: 9780199653232
  • Pehme köide
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  • Formaat: Paperback / softback, 288 pages, kõrgus x laius x paksus: 215x142x16 mm, kaal: 358 g
  • Sari: Clarendon Law Series
  • Ilmumisaeg: 28-Jun-2012
  • Kirjastus: Oxford University Press
  • ISBN-10: 0199653232
  • ISBN-13: 9780199653232
Giving a clear, concise introduction to land law, this book looks at the way in which the law regulates our relationship with the land on which we walk, work, and live. Land law is about the connections between people and land, and also the relationships between people, jostling for space and allocating resources. As people change, so do the ways they use and think about land: land law today looks very different from how it did fifty years ago, and in another generation's time it will have changed again.

Elizabeth Cooke introduces the building blocks of land law, namely property rights in land, and explains how they have evolved by a mixture of design and accident. The book examines ownership rights, non-ownership rights, both legal and equitable, and provides analysis of how these different rights can apply to a single piece of land, and how they are managed and enforced. Throughout the book the role of registration is central, and the implications of the Land Registration Act 2002 for English land law are fully explored.

The second edition has been updated to incorporate important developments in the law relating to the family home, and in the interaction of land law with the law of human rights. It also benefits from the author's own contribution to the Law Commission's report on easements, covenants, and profits à prendre. Written in an accessible style, this book is an essential read for all those coming to the subject for the first time.
Table of Cases
xv
Tables of Statutes
xviii
1 What is Land Law?
1(14)
What are property rights?
2(3)
What is real property?
5(2)
What is land?
7(2)
Tensions and themes in land law
9(1)
Property rights and human rights
10(5)
2 Property Rights in Land
15(24)
Ownership of land
15(11)
Law and equity
26(4)
Non-ownership rights
30(5)
The enforceability of legal and equitable property rights
35(4)
3 Land Law and Registration Today
39(34)
1925 and the management of complexity
39(5)
Registration and the management of enforceability
44(12)
The enforceability of beneficial interests in land
56(9)
Indefeasibility and the register's positive warranty
65(5)
Conclusion
70(3)
4 Creating and Acquiring Interests in Land: Words and Intentions
73(36)
Formalities
74(8)
Informal transacting
82(3)
Resulting trusts
85(2)
Common intention constructive trust
87(9)
Proprietary estoppel
96(7)
Implied trusts, estoppel, and family property
103(2)
Estoppel and the rescuing of informal transactions
105(4)
5 Joint Ownership of Land
109(26)
Legal structure of concurrent beneficial joint ownership: Joint tenancy or tenancy in common
112(7)
The statutory framework for trusts of land
119(2)
The internal management of trusts of land
121(2)
Dispute resolution for trusts of land
123(4)
Trusts of land in bankruptcy
127(2)
Equitable accounting
129(1)
The external face of the trust of land
130(2)
Afterword
132(3)
6 Mortgages
135(36)
The mechanics of mortgages
137(4)
Rights, remedies, and protections in the mortgage relationship
141(8)
Third parties and the protection of mortgagees
149(11)
Joint mortgagors and the problem of pressure
160(8)
Mortgages, capital, and risk
168(3)
7 Leases, Licences, and Commonholds
171(40)
Leases
171(3)
Leases defined
174(3)
Leases contrasted with licences
177(3)
Types of lease
180(3)
The need for certainty of term
183(2)
Creation and registration of leases
185(2)
Leasehold covenants
187(8)
Termination of leases
195(2)
Statutory regimes for the protection of the tenant's home and investment
197(1)
Security of tenure
198(6)
The right to buy and leasehold enfranchisement
204(2)
Commonhold
206(1)
Conclusions and reform
207(4)
8 Appurtenant Rights
211(32)
Easements
212(11)
Bringing easements to an end
223(3)
Covenants in freehold land
226(9)
Bringing covenants to an end
235(1)
Reform?
236(3)
The Law Commission's 2011 report
239(4)
9 Whatever Happened to Relativity of Title?
243(20)
Relativity and limitation
243(3)
Squatter's title
246(4)
The revolution: Adverse possession and registered land
250(2)
Adverse possession after the Land Registration Act 2002: Title by registration
252(2)
Adverse possession and human rights
254(3)
The residual law of adverse possession
257(3)
Evaluation
260(3)
Index 263
Elizabeth Cooke is a solicitor; she has been a professor of law at Reading University since 2003. She has published extensively on land law, land registration, and family property law, and is currently serving as a Law Commissioner with responsibility for the Commission's land law and family law projects.