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Introduction

Luke Rostill

in Possession, Relative Title, and Ownership in English Law

Published in print:
2021
Published Online:
March 2021
ISBN:
9780198843108
eISBN:
9780191878992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198843108.003.0001
Subject:
Law, Law of Obligations

This chapter introduces the principle of relativity of title and the principle that possession is a source of title. It also introduces the four questions that the book is concerned with: (1) What, ... More


Possession, Relative Title, and Ownership in English Law

Luke Rostill

Published in print:
2021
Published Online:
March 2021
ISBN:
9780198843108
eISBN:
9780191878992
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198843108.001.0001
Subject:
Law, Law of Obligations

This book 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 ... More


Possession as a Source of Property at Common Law

Descheemaeker Eric

in The Consequences of Possession

Published in print:
2014
Published Online:
May 2015
ISBN:
9780748693641
eISBN:
9781474400930
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748693641.003.0004
Subject:
Law, Comparative Law

This chapter traces the provenance and development of the rule that possession generates a general property right at common law, presenting a view that is slightly sceptical of the orthodoxy. The ... More


Possession and Title: Three Views

Luke Rostill

in Possession, Relative Title, and Ownership in English Law

Published in print:
2021
Published Online:
March 2021
ISBN:
9780198843108
eISBN:
9780191878992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198843108.003.0003
Subject:
Law, Law of Obligations

This chapter introduces the enquiry into the nature of the title acquired through possession. It analyses and contrasts three views of the nature of the possessor’s title and, in so doing, brings to ... More


Ownership and Relativity of Title

Luke Rostill

in Possession, Relative Title, and Ownership in English Law

Published in print:
2021
Published Online:
March 2021
ISBN:
9780198843108
eISBN:
9780191878992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198843108.003.0007
Subject:
Law, Law of Obligations

This chapter examines the relationship between relativity of title and ownership. It is argued that, despite the fact that English law is a multititular system that recognises relativity of title, ... More


The Grounds of Relative Title

Luke Rostill

in Possession, Relative Title, and Ownership in English Law

Published in print:
2021
Published Online:
March 2021
ISBN:
9780198843108
eISBN:
9780191878992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198843108.003.0006
Subject:
Law, Law of Obligations

Since it is not possible to fully understand a rule unless one understands its grounds, this chapter seeks to identify the grounds of the rules that confer proprietary interests on possessors. It ... More


Possession and Title to Chattels

Luke Rostill

in Possession, Relative Title, and Ownership in English Law

Published in print:
2021
Published Online:
March 2021
ISBN:
9780198843108
eISBN:
9780191878992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198843108.003.0005
Subject:
Law, Law of Obligations

This chapter considers the nature of the title that is acquired through taking possession of a chattel. It argues that the possessor acquires a general property interest in respect of the chattel. ... More


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