Modern Studies in Property Law – serie

This book contains a collection of peer-reviewed papers presented at the Eleventh Biennial Modern Studies in Property Law Conference held at Queen’s University Belfast in April 2016. It is the ninth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Following a foreword from the keynote speaker at the Conference, Queen’s alumnus Lord Kerr of Tonaghmore, the chapters address a range of issues, from the nature of land law and property rights, through claims to the home and digital assets, to the growing debate on the nature of public property. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.

What are the contemporary challenges faced by property law as we enter the 2nd decade of the 21st century?This collection brings together the research and perspectives of an international body of academics and practitioners to consider these challenges and how even familiar topics must develop to meet new demands and developments. As with previous books in the Modern Studies in Property Law series, this volume adopts a broad approach to topics encompassed by ‘property law’ in the firm belief that the boundaries that divide are shadowy at best and constantly moving in the endeavour to keep up with what is ‘modern’.This collection looks at 5 themes:- Comparative perspectives, including a chapter on grazing and cropping rights in Northern Ireland, and analysis of the anomalies of the English trust law as seen from a civil law perspective;- Taking and alienating property, including a chapter on bankruptcy and the family home;- Modern dilemmas, including chapters on trusts in virtual currency and on smart homes;- Old chestnuts – new challenges, including analysis of the mortgage law reform in Scotland and a chapter on the ouster principle in common law jurisdictions; and- Wills, death and other morbid topics, with chapters on English succession law and the role of knowledge and approval in retrospective assessments of capacity.Unfortunately, the COVID-19 pandemic prevented the 13th biennial conference being held in 2020 as planned but despite this, the authors and co-editors persevered to produce this interesting and diverse collection.

This edited collection of papers comes from the well-established Modern Studies in Property Law biennial conference. It examines a diverse range of topics in property law and uses a wide range of methodological approaches to reflect on a variety of current and emerging themes and important issues that have been overlooked, offering new analysis and insights that will be valuable for property lawyers, academics, and students.It considers new developments in property law, including those connected with digital assets and the issues that have arisen from co-housing. The contributors are leading academics and practitioners from several common law jurisdictions, which expands the book’s focus and enhances its value to the reader.

This edited collection of papers comes from the well-established Modern Studies in Property Law biennial conference. It examines a diverse range of topics in property law and uses a wide range of methodological approaches to reflect on a variety of current and emerging themes and important issues that have been overlooked, offering new analysis and insights that will be valuable for property lawyers, academics, and students.It considers new developments in property law, including those connected with digital assets and the issues that have arisen from co-housing. The contributors are leading academics and practitioners from several common law jurisdictions, which expands the book’s focus and enhances its value to the reader.

This book contains a collection of papers presented at the Twelfth Biennial Modern Studies in Property Law Conference held at University College London in April 2018. The conference and its published proceedings are an established forum for property lawyers from around the world to showcase the latest research. This collection includes a keynote address by Dame Elizabeth Gloster, former Vice President of the Court of Appeal (Civil Division), on technology in property law. It also includes plenary addresses by Professor Henry Smith on the architecture of property law and the challenge of compiling the American Law Institute’s Fourth Restatement of Property, and by Her Honour Judge Karen Walden-Smith on the role of the first instance judge in property cases. Sixteen further chapters address a wide range of issues, including the theory and taxonomy of land law, the re-evaluation of land obligations, the nature and operation of equitable property rights and shares, the role of property in commerce, comparative approaches to leases and trusts, and contemporary issues in land registration. Collectively, the chapters demonstrate the vibrancy, diversity and importance of property law and of current research in the subject.

What are the contemporary challenges faced by property law as we enter the 2nd decade of the 21st century?This collection brings together the research and perspectives of an international body of academics and practitioners to consider these challenges and how even familiar topics must develop to meet new demands and developments. As with previous books in the Modern Studies in Property Law series, this volume adopts a broad approach to topics encompassed by ‘property law’ in the firm belief that the boundaries that divide are shadowy at best and constantly moving in the endeavour to keep up with what is ‘modern’.This collection looks at 5 themes:- Comparative perspectives, including a chapter on grazing and cropping rights in Northern Ireland, and analysis of the anomalies of the English trust law as seen from a civil law perspective;- Taking and alienating property, including a chapter on bankruptcy and the family home;- Modern dilemmas, including chapters on trusts in virtual currency and on smart homes;- Old chestnuts – new challenges, including analysis of the mortgage law reform in Scotland and a chapter on the ouster principle in common law jurisdictions; and- Wills, death and other morbid topics, with chapters on English succession law and the role of knowledge and approval in retrospective assessments of capacity.Unfortunately, the COVID-19 pandemic prevented the 13th biennial conference being held in 2020 as planned but despite this, the authors and co-editors persevered to produce this interesting and diverse collection.

This collection is based on papers presented at the well-established Modern Studies in Property Law biennial conference.It contains cutting-edge research relating to property law broadly conceived, covering land law, equity and trusts, and the interaction between property law and the environment.Part 1 of Volume 13 in the Modern Studies in Property Law series examines a diverse range of topics in property law and uses a wide range of methodological approaches to reflect on a variety of current and emerging issues that have been overlooked, offering new analysis and insights that will be valuable for property lawyers, academics and students.The contributors are leading academics and practitioners from several common law jurisdictions, which expands the book’s focus and enhances its value to the reader.

This collection is based on papers presented at the well-established Modern Studies in Property Law biennial conference.It contains cutting-edge research relating to property law broadly conceived, covering land law, equity and trusts, and the interaction between property law and the environment.Part 2 of Volume 13 in the Modern Studies in Property Law series examines a diverse range of topics in property law and uses a wide range of methodological approaches to reflect on a variety of current and emerging issues that have been overlooked, offering new analysis and insights that will be valuable for property lawyers, academics and students.The contributors are leading academics and practitioners from several common law jurisdictions, which expands the book’s focus and enhances its value to the reader.

This book contains a collection of peer-reviewed papers presented at the Eleventh Biennial Modern Studies in Property Law Conference held at Queen’s University Belfast in April 2016. It is the ninth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Following a foreword from the keynote speaker at the Conference, Queen’s alumnus Lord Kerr of Tonaghmore, the chapters address a range of issues, from the nature of land law and property rights, through claims to the home and digital assets, to the growing debate on the nature of public property. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.

This book comprises a collection of papers given at the third biennial conference of the Centre for Property Law at the University of Reading held in March 2000,and is the first in the series 'Modern Studies in Property Law'. The Reading conference is becoming well-known as a unique opportunity for property lawyers to meet and confer both formally and informally; this volume marks a new development, being a refereed and revised selection of the papers given there. Speakers from around the world focus on issues of immediate importance ranging from human rights to electronic conveyancing, as well as timeless but ever-relevant subjects such as trusts, mortgages and the numerus clausus of property rights. As ever, a range of international topics are discussed, this time including land registration in the Nordic countries, and the re-privatisation of land in Eastern Europe.

This book comprises a collection of papers given at the fifth biennial conference of the Centre for Property Law at the University of Reading held in March 2004,and is the third in the series Modern Studies in Property Law. The Reading conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume includes a refereed and revised selection of the papers given there. The papers thus cover a broad range of topics of immediate importance including: land registration, leasehold and commonhold, prescription and law and equity. A growing and popular aspect of the series is its coverage of property law matters worldwide; this volume includes essays on property law in developing countries, in South Africa, Canada, and Eastern Europe.

This book is a collection of papers given at the sixth biennial conference at the University of Reading held in March 2006, and is the fourth in the series Modern Studies in Property Law. The Reading conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume is a refereed and revised selection of the papers given there. It covers a broad range of topics of immediate importance, not only in domestic law but also on a worldwide scale.

This book is a collection of papers given at the seventh biennial conference held at the University of Cambridge in March 2008, and is the fifth in the series Modern Studies in Property Law. The Property Law conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume is a refereed and revised selection of the papers given there. It covers a broad range of topics of immediate importance, not only in domestic law but also on a worldwide scale.

The Modern Studies in Property Law Conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. The eighth biennial conference was held at the University of Oxford in March 2010, and this book is the sixth in the series Modern Studies in Property Law. The volume is a refereed and revised selection of the papers given at the Oxford conference, covering a broad range of topics of contemporary importance, both nationally and internationally. The book includes chapters written by the key speakers at the conference: Lady Justice Arden, Professor Kevin Gray and Law Commissioner, Professor Elizabeth Cooke.

This book contains a collection of peer reviewed papers presented at the ninth biennial Modern Studies in Property Law conference held at the University of Southampton in March 2012. It is the 7th volume to be published under the name of the conference. The conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects both the breadth of modern research in property law and its international dimensions. Incorporating a keynote address by Lord Walker of Gestingthorpe, retired Justice of the Supreme Court, on 'The Saga of Strasbourg and Social Housing,' a number of chapters reveal the bourgeoning influence of human rights in property law. Other contributions illustrate an enduring need to question and explore fundamental concepts of the subject alongside new and emerging areas of study. Collectively the chapters demonstrate the importance and relevance of property research in addressing a wide range of contemporary issues.