Category Archives: Property

Martin Dixon, ‘The Organic Nature of the Law of Real Property: Reforming Modern Land Law’

Abstract An in depth analysis of the nature of modern land law and how it should be reformed. Dixon, Martin John, The Organic Nature of the Law of Real Property: Reforming Modern Land Law (December 1, 2017). Modern Studies in Property Law volume 9 (Hart Publishing), 2017.

Ben France-Hudson, ‘Statutory Property: Is It a Thing?’

Abstract Over the last several decades there has been a proliferation of property-type rights created by statute, particularly in the environmental management context. A key question has been how to approach these rights on a principled basis, particularly where Parliament has been silent about their precise nature. One response has been to put a gloss […]

Ying Khai Liew, ‘Birmingham v Renfrew (1937): The Foundations of the Mutual Wills Doctrine’

Abstract This paper discusses the facts of Birmingham v Renfrew and the impact of the decision on the development of the mutual wills doctrine in Anglo-Australian law. Much like laying the secure foundations of a building, Birmingham has supplied three central ‘pillars’ upon which the doctrine has gradually been built upon, and upon which the […]

Lisa Austin, ‘The Public Nature of Private Property’

Abstract This paper argues against the view that corrective justice provides the form of private law while distributive justice provides the form of public law. More primary than the forms of justice is the form of law. Law is inherently public. The basic publicness of law can be expressed in many different ways, from the […]

Ying Khai Liew, ‘The “Prima Facie Expectation Relief” Approach in the Australian Law of Proprietary Estoppel’

Abstract Whatever the position may have been before the High Court’s decision in Giumelli v Giumelli, it is now well-accepted that, in Australia, proprietary estoppel attracts the prima facie remedy of expectation relief. This paper asks why this remedial approach exists, and how it ought best to be understood. It notes that the ‘prima facie […]

Margaret Briggs, ‘Historical Analysis’

Abstract This chapter provides a brief account of the history of family property law in New Zealand from the nineteenth century to the present day, in the context of relationship property on death. Briggs, Margaret, Historical Analysis (2004) in N Peart, M Briggs, R M Henaghan (General Editors) Relationship Property on Death (Thomson Brookers, Wellington, […]

‘Legal Education in Singapore’

The Fall and Rise of Legal Education in Singapore – Simon Chesterman Making and Remaking Equity and Trusts in the Law School – Yock Lin Tan Legal Education in Property Law at NUS: Some Reflections – Keang Sood Teo The Impact of NUS Law on the Development of Tort Law in Singapore – Margaret Fordham […]

Conway and Grattan, ‘The “New” New Property: Dealing with Digital Assets on Death’

Abstract What happens to digital assets when someone dies? This basic question raises a host of legal issues around ownership, privacy, access to usernames and passwords, and the duties of personal representatives when administering estates, which do not fit neatly within traditional succession law and property law concepts. The location of digital assets also leads […]

Natalie Pratt, ‘Community Property Claims In The Personhood Perspective’

Abstract Under the property and personhood theory the projection by individuals of their personhood into the physical world gives rise to property claims over tangible objects and natural resources. However, the property and personhood theory is generally used as a justification for private property, and it is not clear whether a community personhood can be […]

Thomas Simmons, ‘A Will for Willa Cather’

Abstract Artists hold their creative works dear: whether paintings, poems, or songs, their human creators treat them with special care and often desire that same care be exercised after death. Directing particular uses of property from the grave can be met with several objections. The objections sound in alarmist responses to ‘dead hand control’ and […]