Category Archives: Property

Low and Hara, ‘Cryptoassets and Property’

ABSTRACT The concept of property has always been, and remains, a vexed notion. Within civilian systems, the difficulty of incorporating the basic idea of ownership – surely fundamental to any idea of property – within the Gaian and other schema demonstrates the elusiveness of property. Its elusiveness lies in part in the intersection of various […]

‘In what circumstances can proprietary estoppel defeat an express declaration of trust?’

“This was the question before Recorder Midwinter QC on a recent application for permission to appeal in which James Hamerton-Stove acted for the successful respondent. A decision on whether to give permission to appeal should not ordinarily be cited unless it clearly indicates that it purports to establish a new principle or to extend the […]

Pinar Oruc, Review of Intellectual and Cultural Property: Between Market and Community by Fiona Macmillan

“The field of cultural heritage already suffers from vague definitions. The artificial distinctions between tangible/intangible, movable/immovable, and cultural heritage/natural heritage are rooted in both the law and the literature around cultural heritage. The legal instruments that are meant to help the preservation either focus too much on the treatment of movables or suggest inventory-making practices […]

Rebecca Lee, ‘Towards a unified doctrine of mistake?’

ABSTRACT The concept of mistake permeates various areas of private law and performs a similar function in relieving errors in each. This article reviews the operation of the doctrine of mistake in different substantive areas of law, including contract, unjust enrichment and equity, and argues that the similarities in terms of the requirements for establishing […]

Gilead Cooper, ‘Personalty+’

‘Digital Assets’: Chapter 8 of The Law of Personal Property (3rd edition), ed Bridge, Gullifer, Low and McMeel. Published Sweet & Maxwell, ISBN (print) 978-0-414-09815-2, 1,354 page. 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 […]

Greg Baltz, ‘Resurrecting the Rent Strike Law’

ABSTRACT In the winter of 1963 and 1964, the mass uprising of rent striking tenants in New York City provoked the passage of the Rent Strike Law, a private right of action for organized tenants in degrading buildings to remove their landlord from control of the property and appoint a rental receiver in their place. […]

Laura Padilla, ‘Gendered Shades of Property: A Status Check on Gender, Race and Property’

ABSTRACT This article explores the relationship between gender, race and property. Women in the United States continue to be economically disadvantaged, and women of color are even more disadvantaged. This article will open with a review of laws, past and present, which have shaped women’s rights to own, manage and transfer property. It will then […]

Roark and O’Mahony, ‘Comparative Property Law and the Pandemic: Vulnerability Theory and Resilient Property in an Age of Crises’

ABSTRACT Political and property crises present vital new questions for property theorists, and analyses of state responses to these crises cast new light on how property systems, and property law, adapt and evolve to meet complex challenges – while remaining institutionally resilient themselves. The novel coronavirus pandemic was an extreme, exceptional, unexpected, significant ‘shock’ event, […]

Alterman and Pellach, ‘Beach Access, Property Rights, and Social-Distributive Questions: A Cross-National Legal Perspective of Fifteen Countries’

ABSTRACT The right to access and enjoy the coastal zone, and especially the beach, is a centuries-old legal tenet in many countries and a key part of Integrated Coastal Zone Management. However, the legal right for coastal access takes on different forms and degrees in different countries (or states). In this paper we argue that […]

Rashmi Dyal-Chand, ‘Sharing the Climate’

ABSTRACT Property law responds poorly to the lived reality of the climate crisis. In particular, it fails to address the uncontrollable negative externalities endemic to this crisis. Today, we need and share resources from which it would be ineffective and harmful to exclude our neighbors. Yet exclusion remains the cornerstone of much of American property […]