Possession, Relative Title, and Ownership in English Law

by Luke Rostill

Overview

This monograph is concerned with two foundational principles of English property law: the principle of relativity of title and the principle that possession is a source of title. It is impossible to understand the relationship between possession and ownership in English law unless one has a sound understanding of these principles. Yet the principles have been interpreted in different ways by judges, practitioners, and academics.

The volume seeks to illuminate this area of law by addressing four questions. What is possession? What is the nature of the title acquired through possession? What are the grounds of relativity of title? And, what is the relationship between relativity of title and ownership?

Drawing on the analysis of the law concerning relativity of title and the acquisition of proprietary interests through possession, the author also implies that the architecture of land law and the law of personal property have many similarities.

Product Details

ISBN-13:	9780198843108
Publisher:	Oxford University Press
Publication date:	04/10/2021
Pages:	208
Product dimensions:	9.30(w) x 6.20(h) x 0.80(d)

About the Author

Luke Rostill is an Associate Professor of Property Law in the Oxford Law Faculty and a Tutorial Fellow in Law at Trinity College. Before taking up his current role, Luke was a Supernumerary Teaching Fellow in Law at St John's College, Oxford. Luke read Jurisprudence (Law) at Wadham College, Oxford, and remained at Wadham for the BCL, MPhil, and DPhil. His research and teaching interests primarily concern the law of property and property theory.

Table of Contents

Preface1. Introduction2. Possession2.1. The Aims and Scope of the Enquiry2.2. Scepticism of Possession2.3. The Nature of Possession2.4. Possession of Estates and Interests3. Possession and Title: Three Views3.1. Introduction3.2. Three Views of Title by Possession3.3. The Importance of Distinguishing the Three Views3.4. Conceptual Objections to Presumptions of Property3.5. Conclusion4. Possession and Title to Land4.1. Introduction4.2. The Incidents of a Possessor's Interest4.3. Objections to the Strong Proprietary Interest View4.4. The Scope of the Acquisition Rule4.5. Conclusion5. Possession and Title to Chattels5.1. Introduction5.2. The Incidents of a Possessor's Interest5.3. Objections to the Strong Proprietary Interest View5.4. Conclusion6. The Grounds of Relative Title6.1. Introduction6.2. Obligation-based Arguments6.3. The Security and Certainty of Title7. Ownership and Relativity of Title7.1. Ownership in General7.2. Ownership of Land and Chattels in English Law7.3. Ownership and Relative Title7.4. Conclusion

Editorial Reviews

"In terms of substance, [the book] is a real heavyweight. The sheer depth and rigour of the analysis contained within it do not make for light reading; yet the great merit of Dr Rostill's style of writing is that there is absolutely no fuzziness about it, there are no mere assertions or wasted words. The short monograph is crystal - clear in what it sets out to do, and it delivers comprehensively on this promise ... Dr Rostill's book is one of the best and most stimulating legal monographs this reviewer has had the pleasure to read over the past few years. As a piece of scholarship meticulously shoring up the modern orthodoxy in English property law, it is a must for anyone working in the field, and it deserves to command attention far beyond this constituency." — Birke Häcker, Conveyancer and Property Lawyer

"Rostill's book is a work of great scholarship..." — Michael J.R. Crawford, The Modern Law Review

From the Publisher