Category Archives: Property

Bethany Berger, ‘Property to Race / Race to Property’

ABSTRACT In the United States, property and race shape each other. This has been true since colonization and is equally true today. First, property relationships shaped the distinct forms racism took for different racialized groups. Racism exists to explain and justify power and privilege of one group over another. But the goals of power and […]

‘Call For Papers: ALPS Virtual Conference’

“The Association for Law, Property & Society (ALPS) is an organization for those engaged in scholarship on all aspects of property law and society. Its annual meeting brings together scholars from different disciplines and from around the world to discuss their work and to foster dialogue among those working in property law, policy, planning, social […]

Man Yip, ‘Comparing family property disputes in English and Singapore law: “context is everything”’

ABSTRACT This paper examines why Singapore law has not followed English law in the area of beneficial ownership of family property. It points out that the landmark cases in the two jurisdictions are underpinned by different family paradigms. The English landmark cases are based on the unmarried cohabitants paradigm and the legal rules that have […]

Ryznar and Stępień-Sporek, ‘The Legal Framework of Cohabitation’

ABSTRACT Legal responses towards cohabitation are different even in countries belonging to similar legal traditions, showing the dynamic nature of family law. Indeed, cohabitation has encountered a wide range of social, legislative, and judicial reactions. This chapter examines the legal framework of cohabitation in the US and Poland as representative approaches. Both countries, like many […]

João Marinotti, ‘Escaping Circularity: the Fourth Amendment and Property Law’

ABSTRACT The Supreme Court’s ‘reasonable expectation of privacy’ test under the Fourth Amendment has often been criticized as circular, and hence subjective and unpredictable. The Court is presumed to base its decisions on society’s expectations of privacy, while society’s expectations of privacy are themselves presumed to be based on the Court’s judgements. As a solution […]

Amitpal Singh, ‘The Body as Me and Mine: The Case for Property Rights in (Attached) Body Parts’

ABSTRACT According to a long-standing orthodoxy in the common law, the body is res nullius – nobody’s thing. Recently, this orthodoxy has been challenged. Courts have begun to allow for property in body parts. Yet the law still insists that the body as a whole is res nullius; body parts must be separated from the […]

Adam Reilly, ‘What were Lord Westbury’s intentions in Phillips v Phillips? Bona fide purchase of an equitable interest’

ABSTRACT In Phillips v Phillips, Lord Westbury stated that, against a bona fide purchaser faced with an ‘equity’ to rescind, ‘the Court will not interfere’. This has been interpreted to mean that purchasers of even an equitable interest shall take free of prior equities. Yet the distinction between ‘equities’ and equitable interests has been, and […]

Mitchell and Rostill, ‘Making sense of mesne profits: causes of action’

ABSTRACT The article examines a series of cases spanning a 250-year period in which the courts have awarded ‘mesne profits’ against defendants who have occupied claimants’ land. The article argues (1) that various causes of action are disclosed by the facts of cases in which such awards have been made, (2) that these causes of […]

‘Prescriptive easements: deciding on whether user was as of right’

“In Poste Hotels Ltd v Cousins [2020] EWHC 582 (Ch) the court had to consider a claim to have acquired by prescription a right to park in a particular place in a private street by a person (Cousins) who had a house in the street. It mattered because Poste Hotels had a right of way […]

David Gray Carlson, ‘Fraudulent Transfer as a Tort’

ABSTRACT Fraudulent transfer law has historically been an in rem right of a creditor to the property fraudulently received by a third party. In a minority of states, courts have treated fraudulent transfers as creating in personam liability of the transferring debtor, the recipient and any other third party who ‘conspired’ with the transferor to […]