Full Description
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.
Contents
Part A: Land Law and the Nature of Property Rights in Land
1. The Organic Nature of the Law of Real Property: Reforming Modern Land Law
MARTIN DIXON
2. Rethinking the Rules for the Proprietary Effect of Freehold Covenants
JAMES C FISHER
3. Proportionality and the Vindication of Property Rights
SARAH NIELD
4. Adverse Possession, Unregistered Land and Title Defects: A Fly in the Ointment of Irish Reform?
UNA WOODS
5. Repudiatory Breach of Leases—Hard Lessons for the 'Contractualisation' of Leasehold Law
WARREN BARR
Part B: Life and Death in Property Law
6. The 'New' New Property: Dealing with Digital Assets on Death
HEATHER CONWAY AND SHEENA GRATTAN
7. The Neighbour, The Carer and The Old Friend—The Complex World of Testamentary Capacity
JULIET BROOK
8. Disability Discrimination: Recasting the Parameters of Proprietary Rights?
SUSAN PASCOE
9. Charges for Charges: Home Sales under the Care Act 2014
BRIAN SLOAN
10. Egoism and the Return of Charitable Gifts
JOHN PICTON
Part C: Fraud and Title
11. Points of Tension: Fraud and Challenges under Guarantee of Titles Regimes
ROD THOMAS
12. How Should a System of Registered Title to Property Respond to Fraud and Sharp Practice?
GRAHAM FERRIS
13. Sham Trusts
SIMON DOUGLAS AND BEN MCFARLANE
Part D: Property, Place, and Development
14. Planning Law Reform and Reconceptualising the Regulation of Land Use
CHRIS WILLMORE
15. The Anti-wilderness Bias in the Common Law and Modern American Property Law
JILL FRALEY
16. The Four Dimensions of Public Property
JOHN PAGE AND ANN BROWER
