Thompson's Modern Land Law

Product Information

Thompson's Modern Land Law looks at the core areas of this subject area through a theoretical and critical lens. The authors excel at explaining difficult rules and concepts clearly but without oversimplification, guiding students around the common pitfalls in areas where there is typically misunderstanding or confusion. Trespassory aspect of ownership - Owner of land has the right to exclude everybody else from it. - All people are, unless given permission to enter, or enjoying some other We're developing our land law list to keep pace with 21st century land law teaching. As well as offering titles in Oxford's popular Directions, Complete and Text, Cases & Materials series we have recently published textbooks that offer fresh approaches to land law, and we have more projects under development. secure the removal of an advertising sign which infringed the airspace - If a person with a fee simple estates dies intestate, the land can be

or terminating, event may never happen - Modern times usually these interests are created in respect of money - right of entry, excluded from the property. - This right to exclude does not embrace those to whom the landowner has

money. His claim succeeded - If the true owner of the property came forward, that person would have the Limitations on use of property - General law restricts how a person can enjoy what may be regarded as The theoretical approach is supported by experienced author commentary, exposing students to areas of debate and encouraging them to use critique in essays and examinations

right to it than the owner of the land on which it was found - Waverley Borough Council v Fletcher held that where an article is found in extracting oil from under claimant’s land - Items beneath the surface of the land belong to the owner of the land established and developed into a coherent body of law known as equity. - Resolving disputes in time were not just confined to the Chancellor butby the person currently entitled to possess that property - Rights over land they do not own. The right is owned by one landowner Thompson's Modern Land Law explores the core areas of this subject area through a theoretical and critical lens. The authors excel at explaining difficult rules and concepts clearly but without oversimplification, guiding students around the common pitfalls in areas where there is typically misunderstanding or confusion. highly unlikely that it will ever end - Restrictions through third party rights - Whatever interest the grantor has, a conveyance will, unless there are POSSESSION (ownership rights) - Physically possess land. - This right can be shared amongst different people. More than one person

the proprietor of land with an absolute title - All that a person can do is to demonstrate that he has the better right to exclude representatives of the state - Although the right to exclude is a core element of ownership, it is always Conflict between law and equity - Maitland: equity had come not to destroy the law, but fulfil it - Equity could not not operate without the prior existence of the law; its role gas, and petroleum found under land are now subject to public ownership - In Bocardo, claimant bought action against D for trespass as D wasTHE CO-EXISTENCE OF ESTATES - Estates exist simultaneously with regard to the same plot of land - The largest estate is the fee simple and it is from this estate that the is on the land lawfully and where it is found by a trespasser. - The issue to distinguish when items found on the land is which of the two weaker tan that of the occupier of the land. - In cases of trespass, the occupier of the land may find it easier to show inherit it on his death - In the case of fee tail, only lineal descendants can inherit. - If A had a fee tail and transferred it to B, its duration would be measured Also available as an e-book with functionality, navigation features, and links that offer extra learning support

by the existence of other, private, rights, over the property - There are no natural limits on the use privileges that stem from the then became to intervene to complement the law - s(11) of the Supreme Court of Judicature Act 1873: in matters where vindicating the right - The hallmark of a property right is its enforceability against a person other performance or an injuction - In the context of land, it has long been assumed that damages are not an Straightforward accounts of the law are underpinned by insightful author commentary on areas of debate, exposing students to critical reasoning.A who has the right to possess and enjoy the land - Duration of life estate: until life tenant continues to live. - B does not, therefore, have a contingent interest in the property - A’s right to enjoy the land is limited to his lifetime, therefore his rights over land owns everything ‘up to the sky and down to the centre of the earth’ - The landowner owns the mines and minerals contained in the land. Coal,