Category Archives: Property

Gilead Cooper, Review of Digital Assets: Chapter 8 of the Law of Personal Property (3rd edition), ed Bridge, Gullifer, Low and McMeel

Digital Assets: Chapter 8 of the Law of Personal Property (3rd edition), ed Bridge, Gullifer, Low and McMeel. Published Sweet and Maxwell, ISBN (print) 978-0-414-09815-2, 1,354 pages. In his recent book, Reality+, the philosopher David Chalmers argues that we are unable to know if we are all living in a simulated virtual universe: virtual realities […]

Bennett Au-Yeung and Samuel Yee Ching Leung, ‘In search of a laundry receipt’

ABSTRACT There are, in general, three widely considered theoretical bases for a knowing receipt claim: unconscionability, a subsisting proprietary interest and unjust enrichment. In Byers v Saudi National Bank, the English Court of Appeal seemed to have settled for the first two bases. In this article, we first question why unconscionability alone cannot serve as […]

Norman Ho, ‘A Defense of Horizontal Privity in American Property Law’

ABSTRACT Under the American common law of property, horizontal privity is required for covenants to run with the land – ie, for covenants to bind future successors to the land. Put simply, horizontal privity refers to the required relationship between the two original covenanting parties. Essentially all scholars who have written on horizontal privity have […]

Amy Hardberger, ‘New Strategies for Groundwater Litigation in Texas’

ABSTRACT This Article evaluates the evolution of the understanding of groundwater rights since the Day decision and assesses the relative power of property rights in groundwater that have emerged and what can be done to equalize resulting inequities. Part I reviews the current state of groundwater ownership rights and includes a brief history of litigation […]

Manwaring, Kearnes, Morgan, Munro, Pala and Samarakoon, ‘What does a right to repair tell us about our relationship with technology?’

ABSTRACT This article examines the recommendations of the recent Productivity Commission Inquiry regarding the right to repair through the lens of social issues surrounding the right to repair movement. It describes the right to repair movement in Australia and globally and examines which repair practices are considered important by the Commission, and the limitations of […]

‘NASA Wants Its Moon Dust And Cockroaches Back – Now!’

“The space agency has asked Boston-based RR Auction to halt the sale of moon dust collected during the 1969 Apollo 11 mission that had subsequently been fed to cockroaches during an experiment to determine if the lunar rock contained any sort of pathogen that posed a threat to terrestrial life. The material, a NASA lawyer […]

Allison Anna Tait, ‘Home of the Dispossessed’

ABSTRACT The objects that people interact with on a daily basis speak to and of these people who acquire, display, and handle them – the relationship is one of exchange. People living among household objects come to care for their things, identify with them, and think of them as a constituent part of themselves. A […]

Idris Adisa Odekunle, ‘Effect of Adverse Possession of Registered Land’

ABSTRACT The operation of the doctrine of adverse possession particularly to registered land has been variously interrogated especially in its capability of defeating the notion of indefeasibility of title which is a fundamental characteristic of land registration, conflict with property right, unfairness and unjustness of it, and in terms of economic problems associated with it. […]

‘Non-problems, future problems and fairy dust’

“Those of us obsessed with the doctrinal and practical mysteries of proprietary estoppel, and perhaps those hoping for guidance to advise clients, are waiting for the Supreme Court to deliver judgment in Guest v Guest. That case has been much on the mind of academics and law students these past few weeks as examinations approach, […]

Simon Cooper, ‘Obligations as incidents of ownership: the experience of assignments to a man of straw’

“For several centuries, concerns over the alienability of land and the protection of tenants from exploitation have contributed to the shaping of property rules. This article examines their interaction in one particular context and exposes the unexpected lengths to which the courts have taken them. Where the two concerns are both engaged at the same […]