Modern Studies in Property Law, Volume 10

Ben McFarlane is Professor of Law at University College London.Sinéad Agnew is Lecturer in Property Law at University College London.

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.

Of interest to both property law scholars and practitioners.

PART IMODERN CHALLENGES IN PROPERTY LAW1. Technology in Property: Putting You All on NoticeDame Elizabeth Gloster2. Restating the Architecture of PropertyHenry E Smith3. 'Judges are Human, Not Many People Know That': The Travails of the First Instance JudgeHer Honour Judge Karen Walden-SmithPART IIPROPERTY: DEFINITION AND PROTECTION4. Defending Property: Self-help Remedies, the Use of Force, and the Concept of a Property RightRobin Hickey5. The Essence of Private NuisanceDonal Nolan6. Redrawing the Law's Definition of Property in the Light of Contemporary Use of Urban SurfacesSue Farran7. Corporate Shares as SharesLarissa Katz8. The Proprietary Nature of Title-based Financing InterestsMagda RaczynskaPART IIILAND: RELATIONSHIPS AND REGULATION9. Remedies for Breaches of Rights to Light: Averting a Tragedy of the AnticommonsCraig Rotherham10. Re-evaluating Recreational Easements - New Norms for the Twenty-First Century?Susan Pascoe11. The Recognition of Covenants in Gross in New Zealand: A Dangerous Advancement?Ben France-Hudson12. Security of Tenure in the Private Rented Sector in England: Balancing the Competing Property Rights of Landlords and TenantsEmily Walsh13. Long Leases and Affordable Housing: A Comparative Analysis of French and English LawFabiana Bettini14. How is the Fit? The Regulation of Mortgages as Enduring Property RelationshipsSarah NieldPART IVLAND REGISTRATION: PROBLEMS AND SOLUTIONS15. Updating Land Registration Law and Practice: Some Lessons from ChinaLu Xu16. Death, Lies, and Land RegistrationSiôn Hudson and Brian SloanPART VTRUSTS: NATURE AND OPERATION17. The Paradox of the Equitable Proprietary ClaimSinéad Agnew and Ben McFarlane18. 'So How Should I Presume?': Loan, Resulting Trust, or Discharge of a Prior ObligationJohn Mee19. Trusts and Legal Transplants: Lessons from JapanJames C Fisher