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Land Law [Minkštas viršelis]

2.64/5 (15 ratings by Goodreads)
(Professor of Law, University of Southampton), (Law Commissioner for England and Wales and Professor of Law, University of Reading), (Professor of Law, University College London)
  • Formatas: Paperback / softback, 488 pages, aukštis x plotis x storis: 247x174x26 mm, weight: 837 g
  • Serija: Core Texts Series
  • Išleidimo metai: 27-Apr-2017
  • Leidėjas: Oxford University Press
  • ISBN-10: 0198735324
  • ISBN-13: 9780198735328
Kitos knygos pagal šią temą:
  • Formatas: Paperback / softback, 488 pages, aukštis x plotis x storis: 247x174x26 mm, weight: 837 g
  • Serija: Core Texts Series
  • Išleidimo metai: 27-Apr-2017
  • Leidėjas: Oxford University Press
  • ISBN-10: 0198735324
  • ISBN-13: 9780198735328
Kitos knygos pagal šią temą:
McFarlane, Hopkins, and Nield's Land Law is the most succinct, analytical textbook available in this subject area. These experienced and respected authors have used their unique approach to land law to provide a consistent structure with which students and lecturers can tackle the topics.

The approach arms students with the tools needed to analyse content covered in classes and exams autonomously by demonstrating how to consider rules in isolation before looking at the full picture. This method helps students make links across topics.

The concise treatment allows students to concentrate on building an in-depth, sophisticated grasp of the core principles. The authors' direct writing style and contextual outlook guides readers through the depth and detail and gives lucidity to abstract rules. The use of significant cases to exemplify rules in practice and diagrams for visual learners gives additional clarity to concepts that are particularly difficult to imagine.

Students are encouraged to test their knowledge by answering end-of-chapter questions and to widen their research by referring to the resources suggested in the further reading lists accompanying each chapter. Web links to online sources are hosted on the Online Resource Centre. Legal updates are also available on this website.

Recenzijos

Exceptionally clear, structured presentation of issues. Strikes a good balance between description and analysis, painting a comprehensive picture of the debates. * Dr Aruna Nair, Lecturer in Property Law, King's College London * Encourages students to think at a sophisticated level but takes them gently by the hand so they can reach these heights comfortably. * Dr Jane Bryan, Principal Teaching Fellow, University of Warwick * Concise and precise. The book is fresh and brings a new approach to land law, exploring the elements in a clear and focused way, making it easy for students to grasp both the essential points and the importance of this subject area. * Dr Thomas Dunk, Lecturer, University of Hertfordshire *

Table of Cases xv
Table of Legislation xxxii
Abbreviations xxxix
1 What is Land Law? 1(26)
The Focus of Land Law: Private Rights to Use Land
2(1)
Why Land Law? What is Special about Land?
3(1)
Types of Private Rights to Use Land: Personal Rights and Property Rights
4(4)
Property Rights: Three Key Questions
8(3)
The Impact of Equity
11(2)
The Impact of Statute
13(1)
The Importance of Registration
14(1)
The Structure of Land Law: Three Examples
15(7)
Defining Land: The Extent of Ownership
22(1)
Defining Land: What Objects Does the Land Include?
23(3)
Further Reading
26(1)
Self-Test Questions
26(1)
2 Human Rights 27(33)
Introduction
27(2)
Adjudication Under the Human Rights Act 1998
29(2)
The Justification Formula
31(4)
Vertical Effect
35(2)
Horizontal Effect
37(4)
Article 1 Protocol 1
41(7)
Article 8
48(8)
Article 14
56(1)
Article 6
57(1)
The Impact of Human Rights
57(2)
Further Reading
59(1)
Self-Test Questions
59(1)
3 Personal Rights and Property Rights 60(32)
The Distinction Between Personal Rights and Property Rights
61(5)
Property Rights: The Content Question
66(6)
The Distinction Between Legal Property Rights and Equitable Property Rights
72(5)
Legal Property Rights: Estates in Land
77(2)
Legal Property Rights: Interests in Land
79(1)
Equitable Property Rights: Rights Under Trusts
79(1)
Equitable Property Rights: Rights Based on Legal Estates or Interests
80(1)
Other Equitable Property Rights
81(1)
Property Rights in Land: Conclusion
82(1)
Personal Rights: The Licence
83(1)
Types of Licence
83(1)
Contractual and Estoppel Licences: Effect on A
84(1)
Contractual and Estoppel Licences: Effect on X
85(1)
Contractual and Estoppel Licences: Effect on C
86(3)
Licences and Leases
89(1)
Licences: The Future
90(1)
Further Reading
90(1)
Self-Test Questions
91(1)
4 Registered Title and the Acquisition of Legal Estates 92(43)
Introduction
92(1)
Formal Acquisition of Legal Title
93(1)
Contracts for Sale of Land
94(5)
Effect of Non-Compliance with Section 2
99(6)
Creation or Transfer
105(1)
Registration
106(6)
The Content of a Registered Title
112(6)
Informal Acquisition of Legal Title: Adverse Possession
118(1)
Inception of Adverse Possession
119(1)
Possession Must Be 'Adverse'
120(2)
The Definition of 'Possession'
122(2)
The Discredited Rule in Leigh v Jack (1879)
124(1)
Termination of Adverse Possession
125(1)
The Effect of Adverse Possession
126(1)
Registered Land: Land Registration Act 2002
127(2)
The Three Conditions
129(1)
Adverse Possession and the Criminalization of Residential Squatting
130(2)
Human Rights and Adverse Possession
132(1)
Further Reading
133(1)
Self-Test Questions
134(1)
5 The Acquisition of Equitable Interests 135(46)
Introduction
136(1)
The Different Categories of Trust
136(2)
Express Trusts of Land
138(1)
Presumed Intention Resulting Trust
139(3)
The Common Intention Constructive Trust
142(17)
Constructive Trusts Arising Under Rochefoucauld v Boustead
159(2)
The Pallant v Morgan Constructive Trust
161(2)
The Vendor-Purchaser Constructive Trust
163(1)
The Wider Principle: The Doctrine of Anticipation
164(2)
Proprietary Estoppel
166(13)
Further Reading
179(1)
Self-Test Questions
180(1)
6 Trusts of Land 181(38)
Introduction
181(3)
Joint Tenants and Tenants in Common
184(1)
Co-ownership of a Legal Estate
185(1)
Co-ownership in Equity: Joint Tenants or Tenants in Common?
186(2)
Survivorship
188(1)
Severance
189(10)
Termination of Co-ownership
199(1)
Co-ownership and Trusts
200(5)
Applications to Court
205(12)
Further Reading
217(1)
Self-Test Questions
217(2)
7 Leases 219(49)
Introduction
220(1)
Terminology
221(1)
The Content Question: Exclusive Possession
222(7)
The Content Question: Certainty of Term
229(4)
The Content Question: No Need for Rent
233(1)
The Content Question: The Role of Intention
234(2)
The Content Question: Other Legal Relationships?
236(1)
The Content Question: The Bruton Lease
237(4)
The Acquisition Question
241(4)
Priority and the Defences Question
245(1)
The Ending of a Lease
246(1)
Contract or Property?
247(1)
Leasehold Covenants
248(10)
Remedies for Breach of Covenant
258(4)
Flat Ownership: Residential Long Leases and Commonhold
262(4)
Further Reading
266(1)
Self-Test Questions
267(1)
8 Mortgages and Security Interests in Land 268(43)
Introduction
268(3)
Forms of Security
271(2)
Legal Charge by Way of Mortgage of Land
273(1)
Equitable Mortgages and Charges of Land
274(3)
Equity of Redemption
277(1)
Lender's Rights and Remedies
278(12)
Protection of the Borrower
290(2)
Market Regulation
292(7)
Surety Mortgages and Procedural Fairness
299(5)
Control of Mortgage Terms
304(5)
Further Reading
309(1)
Self-Test Questions
310(1)
9 Easements 311(24)
Introduction
311(2)
The Content Question
313(7)
The Acquisition Question
320(1)
Express Grant
320(1)
Implied Grant
321(7)
Presumed Grant Prescription
328(3)
The Defences Question
331(2)
Extinguishment of Easements
333(1)
Further Reading
333(1)
Self-Test Questions
333(2)
10 Freehold Covenants 335(25)
Introduction
335(1)
Land Covenant Terminology and Structure
336(2)
The Burden: Who Can Be Sued?
338(4)
Indirect Enforcement of Positive Obligations
342(2)
The Acquisition Question
344(1)
The Defences Question
345(1)
The Benefit: Who Can Sue?
346(9)
Covenant Remedies
355(2)
Modification of Covenants
357(1)
Reform
357(1)
Further Reading
358(1)
Self-Test Questions
359(1)
11 The Defences Question 360(39)
Introduction to the Priority Triangle
361(3)
Priorities and the Land Registration Act 2002
364(7)
Restrictions on Owner's Powers
371(1)
Entry of a Notice
372(3)
Overriding Interests
375(2)
Timing of Occupation
377(1)
Beneficial Interests as Overriding Interests
378(1)
Defining Actual Occupation
379(6)
Summary: Priority and Registered Dispositions
385(1)
Overreaching
386(5)
Overreaching and Overriding Interests
391(2)
Overreaching and Human Rights
393(1)
Alternative Causes of Action
394(3)
Further Reading
397(1)
Self-Test Questions
397(2)
12 Concepts and Contexts 399(18)
Concepts versus Contexts
399(5)
Judicial versus Legislative Reform
404(3)
The Impact of Statutory Reform
407(3)
The Impact of Human Rights
410(2)
The Impact of Regulation
412(2)
Context as Alibi?
414(1)
A Final Thought
415(1)
Further Reading
415(1)
Self-Test Questions
416(1)
Bibliography 417(10)
Index 427
Ben McFarlane is Professor of Law at University College London. He has published a number of articles on land law in leading journals and is the author of The Law of Proprietary Estoppel (OUP, 2014) and The Structure of Property Law (Hart, 2008). He is also a contributing editor of Snells's Equity.



Nicholas Hopkins is a Law Commissioner for England and Wales and Professor of Law at the University of Reading. He has published widely on land law and has a particular interest in law and the family home. He is chair of the board of Modern Studies in Property Law, an academic member of the Property Bar Association and a Fellow of the Royal Society of Arts. Prior to his appointment as Commissioner he taught land law for over twenty years.

Sarah Nield is a Professor of Property Law at Southampton University. She has been teaching land law since 1982, having previously held posts at Hong Kong University and the University of Bristol. She has also taught conveyancing, equity and trusts and company law. She has published widely in the area of property law both in this jurisdiction and Hong Kong. She is also a qualified solicitor.