Category Archives: Property

Hirsch and Kelety, ‘Electronic-Wills Legislation: The Uniform Act versus Australian and Canadian Alternatives’

ABSTRACT Electronic wills, created on a computer and never executed on paper, are valid in only a few American jurisdictions today. Nonetheless, in 2019 the Uniform Law Commission promulgated the Uniform Electronic Wills Act and recommended it for adoption in every state. This article examines the Uniform Act and identifies weaknesses in its statutory blueprint. […]

Brian Frye, ‘Literary Landlords in Plaguetime’

ABSTRACT Copyright scholars disagree about whether we should conceptualize copyright as a form of property. This essay accepts the property metaphor and asks what it entails. It observes that if copyright is property, then copyright owners are landlords. It reflects on why copyright owners love the property metaphor, but hate the landlord metaphor. And it […]

Dana and Wiseman, ‘Fracking as a Test of the Demsetz Property Rights Thesis’

ABSTRACT Since its introduction in 1967, the account of property rights formation by Harold Demsetz has pervaded the legal and economic literature. Demsetz theorized that as a once-abundant, commonly shared resource becomes more valuable and sought-after, users will move to more clearly define property rights in the resource. Despite the high transaction costs of this […]

Mark Glover, ‘Restraining Live Hand Control of Inheritance’

ABSTRACT Inheritance law generally defers to the donor’s decisions regarding what property should be distributed to which donees. Because these decisions are carried out after the donor’s death, the law’s deference to the donor has become known as ‘dead hand control’. But just as the inheritance process is guided by the decisions of the dead, […]

Donal Nolan, ‘The Essence of Private Nuisance’

ABSTRACT One meaning of the word ‘essence’ is the feature or set of features that defines a thing. My claim in this chapter is that the essence of the tort of private nuisance in this sense is interference with (or impairment of) the usability of the claimant’s land. Although this claim is merely a clarification […]

‘Relief from the forfeiture rule: Amos v Mancini [2020] EWHC 1063 (Ch) and Challen v Challen [2020] EWHC 1330 (Ch)’

“Two cases this year demonstrate the court’s approach to claims for relief from the forfeiture rule. The first case concerns Sandra Amos’ claim following her conviction of causing the death of her husband by careless driving. The second follows the case of Sally Challen, initially convicted of the murder of her husband. Mrs Challen’s conviction […]

João Marinotti, ‘Tangibility As Technology’

ABSTRACT Property law has long relied on the concept of tangibility to delineate legal thinghood and to inform the bounds of in rem rights and duties. Such reliance has calcified traditional property doctrines, leading to fragmentation in the legal treatment of digital assets through ad hoc functional and technology-dependent judicial decisions, legislation, and regulation. Cryptocurrencies, […]

Book talk for James Penner’s Property Rights: A Re-Examination: 13 November, 12-2pm London time, Zoom

The LSE Private Law Forum presents: Book talk for James Penner’s Property Rights: A Re-Examination. Commentary by Rowan Cruft, Yael Lifshitz, and Ira Lindsay. The book pinpoints and addresses a number of problems at the heart of property theory. Part 1 reconsiders and rejects the bundle of rights picture of property and the related nominalist […]

Kevin Douglas, ‘Missing the Role of Property in the Regulation of Insider Trading’

ABSTRACT For decades, legal scholars have evaluated the law and practice of insider trading through a property lens. Some have debated whether a property rationale is useful for explaining past cases or might make a useful framework for deciding tough cases in the future. Others have explored which market actors should be allocated property rights […]

‘Destructive trusts: a family fight over beneficial interests’

“Amin v Amin [2020] EWHC 2675 (Ch) is a recent constructive trusts case, a judgment by Nugee LJ on appeal from the London county court. It has some interesting aspects from the point of view of explanation of ‘the rules’ on common intention constructive trusts (nothing especially new, but nicely put) but also a good […]