Category Archives: Property

Blandy, Bright and Nield, ‘The Dynamics of Enduring Property Relationships in Land’

Abstract This article proposes a new way of looking at property relationships that will enrich our understanding of how they operate. It focuses on property rights in land which are consensual in origin, although this approach could usefully be applied both to non-consensual property relationships and to other property types. Recognising both the temporal and […]

Matthew Erie, ‘The Afterlife of Property: Affect, Time, Value’

Abstract This chapter asks the question: what happens when the state’s form of legalism no longer recognizes the basis of claims to property, bases which nonetheless may flourish beyond state property regimes? To address this question, the chapter brings into dialogue, on the one hand, theories of property rights that equate property ownership with personhood […]

Meredith Render, ‘The Concept of Property’

Abstract This Article confronts the conceptualist/non-conceptualist divide in property theory. Specifically, the Article addresses the primary normative objection to the conceptualist account of property. In the course of addressing this criticism, the Article bridges an important gap in the literature and provides a new way of understanding the legal concept of property as distinguished from […]

Jan Smits, ‘The Phylogeny of the Unpaid Seller’s Right to Vindicate Goods: A Test Study’

Abstract This contribution applies computational phylogenetics, the quantitative study of the evolutionary history of organisms, to the vexed history of the price payment-rule. This rule makes the transfer of movable property dependent on the buyer’s payment of the price. The study provides a dataset of 56 variations of the price payment-rule from 41 different jurisdictions […]

Call for Papers: Young Property Lawyers Forum, University of Maastricht, The Netherlands, 28-29 May 2018

“The Young Property Lawyers Forum (YPLF) 2018 invites junior researchers in the field of property law to submit abstracts for its 9th meeting, to take place at the University of Maastricht (The Netherlands) on 28-29 May 2018. This year’s YPLF will take place shortly before the Association for Law, Property and Society Conference (ALPS) also […]

Alston and Mueller, ‘Towards a More Evolutionary Theory of Property Rights’

Abstract Property rights are often referred to as ‘evolving’, but the term is usually used to signify a gradual process of change rather than one based on Darwinian evolutionary theory. Because property rights go through processes of variation, selection and replication, a more rigorously evolutionary approach can improve our understanding of how property rights change […]

Brown and Gardiner, ‘The rights of unmarried cohabitants in Canada’

Abstract The number of unmarried, cohabitating couples in Canada has increased steadily over the past 50 years. The rights and remedies that flow from these relationships vary widely across Canada’s provinces and territories. The authors survey the laws of four provinces (British Columbia, Alberta, Ontario, and Quebec) as illustrative in three distinct areas: property rights, […]

Patrick Parkinson, ‘Why are Decisions on Family Property So Inconsistent?’

Abstract The argument of this article is that the law on family property in Australia is plagued with uncertainty at its very core, and that the Full Court of the Family Court, as the primary appeal court in this jurisdiction, is structurally incapable of providing doctrinal coherence. Decisions of the Full Court, which ought to […]

Carlyn McCaffrey, ‘The property rights of unmarried cohabitants in the USA’

Abstract The rights of unmarried cohabitants in the USA are determined by the courts of each state. Until the early 1970s, most states gave unmarried cohabitants virtually no rights in the property of their partners. Since then the law has developed rapidly and inconsistently from state to state. This article discusses the principal approaches used […]

‘Water rights IV: Property in water: Empirical and historical evidence’

“The empirical work of Ostrom (1990; Ostrom and Gardner, 1993) and others on institutions for governing commons resources has shown that, in practice, common property can be highly successful in managing water resources, depending on the structure and functioning of the institutions involved. She and her collaborators summed up their conclusions (Ostrom et al, 2010) […]