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Land Law [Pehme köide]

  • Formaat: Paperback / softback, 248 pages, kaal: 306 g
  • Ilmumisaeg: 01-Oct-2006
  • Kirjastus: Oxford University Press
  • ISBN-10: 0199268991
  • ISBN-13: 9780199268993
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  • Formaat: Paperback / softback, 248 pages, kaal: 306 g
  • Ilmumisaeg: 01-Oct-2006
  • Kirjastus: Oxford University Press
  • ISBN-10: 0199268991
  • ISBN-13: 9780199268993
Teised raamatud teemal:
Providing an 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, and 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, following the Land Registration Act 2002, and the implications of this Act for English land law are fully explored.
Preface vii
Table of Cases
xiii
Tables of Statutes
xvii
What is Land Law?
1(12)
What are property rights?
2(3)
What is real property?
5(1)
What is land?
6(2)
Tensions and themes in land law
8(1)
Property rights and human rights
9(4)
Property Rights in Land
13(20)
Ownership of land
13(9)
Law and equity
22(4)
Non-ownership rights
26(4)
The enforceability of legal and equitable property rights
30(3)
Land Law and Registration Today
33(30)
1925 and the management of complexity
33(5)
Registration and the management of enforceability
38(9)
The enforceability of beneficial interests in land
47(8)
Indefeasibility and the register's positive warranty
55(4)
Conclusion
59(4)
Creating and Acquiring Interests in Land: Words and Intentions
63(32)
Formalities
64(7)
Informal transacting
71(2)
Resulting trusts
73(2)
Common intention constructive trusts
75(6)
Proprietary estoppel
81(6)
Implied trusts, estoppel, and family property
87(1)
Estoppel and the rescuing of informal transactions
88(7)
Joint Ownership of Land
95(22)
The legal structure of concurrent beneficial joint ownership: joint tenancy or tenancy in common
97(5)
The statutory framework for trusts of land
102(2)
The internal management of trusts of land
104(2)
Dispute resolution for trusts of land
106(3)
Trusts of land in bankruptcy
109(2)
Equitable accounting
111(1)
The external face of the trust of land
112(1)
Afterword
113(4)
Mortgages
117(30)
The mechanics of mortgages
118(4)
Rights, remedies and protections in the mortgage relationship
122(6)
Third parties, and the protection of mortgagees
128(9)
Joint mortgagors and the problem of pressure
137(7)
Mortgages, capital and risk
144(3)
Leases, Licences and Commonholds
147(32)
Leases described
147(2)
Leases defined
149(3)
Leases contrasted with licences
152(3)
Types of lease
155(2)
The need for certainty of term
157(2)
Creation and registration of leases
159(2)
Termination of leases
161(3)
Leasehold covenants
164(6)
Statutory regimes for the protection of the tenant's investment
170(1)
Security of tenure
171(2)
The right to buy, and leasehold enfranchisement
173(2)
Commonhold
175(1)
Conclusions and reform
176(3)
Land Obligations
179(24)
Easements
179(10)
Covenants in freehold land
189(8)
Getting rid of land obligations
197(1)
Reform? Land obligations?
198(5)
Whatever Happened to Relativity of Title?
203(20)
Relativity and limitation
203(2)
Squatter's title
205(4)
The revolution: adverse possession and registered land
209(2)
Adverse possession after the Land Registration Act 2002: title by registration
211(1)
Adverse possession and human rights
212(3)
The residual law of adverse possession
215(4)
Evaluation
219(4)
Index 223


Elizabeth Cooke joined the School of Law at the University of Reading in 1992, having practised as a solicitor since 1988. She is currently researching property law, particularly land registration; she is director of the Centre for Property Law at the University of Reading. Her book, The Modern Law of Estoppel, was joint winner in 2001 of the prize given by the Society of Public Teachers of Law for outstanding legal scholarship by a younger scholar.