Modern Studies in Property Law - Volume 8

Warren Barr is Professor of Law and Member of the Charity Law and Policy Unit at the University of Liverpool.

This book contains a collection of peer-reviewed papers presented at the Tenth Biennial Modern Studies in Property Law Conference held at the University of Liverpool in April 2014. It is the eighth 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. Incorporating a keynote address by Sir John Mummery, retired Lord Justice of Appeal, on 'Property in the Information Age', a number of chapters consider the contribution of property law to issues central to the human condition; the home, health and death. Other papers illustrate an enduring need to question and explore fundamental concepts of the subject as well as to consider the challenges of reforming the law. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.

The conference and its published proceedings have become an established forum for property lawyers from around the world.

Part I: Law Reform and Property Law1. Property in the Information AgeSIR JOHN MUMMERY2. A Golden Era? The Impact of the Scottish Law Commission on Property LawANDREW JM STEVEN3. Reforming the Law of Prescription: A Cautionary Tale from IrelandPROFESSOR JOHN MEEPart II: Property and Planning4. Simplifying Planning Law: A More Radical ApproachCHARLES MYNORS5. Land: Balancing Competing Economic and Social InterestsBARBARA BOGUSZ6. Developers versus Protestors: Contractual Licensees and Possession Claims Post DuttonADAM BAKERPart III: Property and Death7. Do Parents Always Know Best? Posthumous Provision and Adult ChildrenHEATHER CONWAY8. Property of the Mentally Incapacitated: Statutory Wills in England and AustraliaFIONA BURNS9. Testamentary Freedom: Mutual Wills Might Let You DownSIÔN HUDSON AND BRIAN SLOAN10. Intestate Property Distribution at Death in the United StatesCARYL A YZENBAARDPart IV: Property and Ownership11. Challenging ' Home ' as a Concept in Modern Property Law: Lessons from the Supreme Court Post- Stack and JonesCHRIS BEVAN12. Land Titling and Communal PropertyALISON CLARKE13. Subsurface Ownership: English or American Rules, Ok?JILL MORGAN14. Temporal Pluralism: Voluntary Sector Property PartnershipsCHRIS WILLMORE15. Reflections on FormalitiesGRAHAM FERRIS16. Constitutional Land Law: Mexfield and the 40-Shilling FreeholdJUANITA ROCHEPart V: Property and Title17. Registered Title and the Assurance of ReliabilitySIMON COOPER18. Commonhold Developments in PracticeLU XU19. Practical Approaches to the Numerus Clausus of Land Rights: How Legal Professionals in South Africa and the Netherlands Deal with Certainty and Flexibility in Property LawHANRI MOSTERT AND LEON VERSTAPPEN