Category Archives: Property

‘CJEU on donation mortis causa under the Succession Regulation in the case UM, C-277/20’

“This Thursday, the Court of Justice delivered its judgment in the case UM, C-277/20, where it clarifies whether a donation mortis causa may fall within the scope of the notion of ‘agreement as to succession’ in the sense of the Succession Regulation. The request for a preliminary ruling in this case arises out of proceedings […]

Ira Lindsay, ‘In Praise of Nonconformity’

ABSTRACT Exemption of existing structures and land uses from new zoning regulations is a long-standing part of zoning practice but is often regarded as an unfortunate political concession that entrenches an irrational distinction between present uses and future use. This Article provides an unapologetic defense of statutory protection for these nonconforming existing uses. Existing use […]

Joyman Lee, ‘The Nature of the Beneficiary’s Interest in English, Japanese and Quebec Trusts’

ABSTRACT In the English trust, the beneficiary is viewed as the substantive owner of property held under trust, even as the trustee holds legal title to the property and is the only party who is able to perform the legal functions associated with ownership. In the mixed legal systems of Quebec and of Japan, the […]

Michael Crawford, Review of Luke Rostill, Possession, Relative Title and Ownership in English Law

Rostill, Luke, Possession, Relative Title and Ownership in English Law, Oxford: Oxford University Press, 208 pp, hb £90.00. Imagine that B steals a bicycle from A, its owner, which is then stolen from B by C. B sues C in conversion, seeking the return of the bicycle or damages equal to its market value. Will […]

Joseph Schremmer, ‘A Unifying Doctrine of Subsurface Property Rights’

ABSTRACT This Article systematizes the law of subsurface property into a formal doctrine – the ‘fair opportunity doctrine’ – to provide a more effective legal technology for furthering important social interests in the subsurface of the earth. In doing so, the Article also addresses a broader theoretical question: how might we approach property doctrine to […]

Recently published: English and Hafeez-Baig, The Law of Tracing

The Law of Tracing determines when one right stands in place of another for the purposes of certain personal or proprietary claims. It is an important part of the law of property and trusts, and the law of remedies. This book aims to provide a comprehensive account of the law of tracing. It offers clear […]

‘Re-codification of the Civil Law of Ukraine’, special number of Global Journal of Comparative Law

Re-codification of the Civil Law of Ukraine: On the Way to European Integration (Vasyl Tatsiy) The Civil Code of Ukraine – A Reliable Regulator of Civil Relations in Civil Society (Nataliia S Kuznietsova, Oleksandr V Petryshyn and Denys S Pylypenko) Codification of Civil Legislation: At the Turn of the Era (Anatolii S Dovgert, Viktor Ya […]

Nicole Summers, ‘Civil Probation’

ABSTRACT The scholarly literature on the eviction legal system has repeatedly concluded that eviction courts are courts of mass settlement. Landlords’ attorneys pressure unrepresented tenants into signing settlement agreements in the court hallways in a factory-like process, and judges approve the agreements with a perfunctory rubber stamp. Yet while we know most eviction cases settle, […]

Wyman and Minelli, ‘Propertizing Environmental Attributes’

ABSTRACT Tangible environmental resources such as land and water have been the object of property rights and traded in markets for millennia. In a development largely unnoticed by legal scholars, technology now allows a new class of environmental resources that are much harder to see and touch to be measured, and potentially sold – environmental […]

Sanderson and Singh, ‘Why Is Aboriginal Title Property if It Looks Like Sovereignty?’

ABSTRACT According to the Supreme Court of Canada, Aboriginal title is a property right, albeit of a distinctive kind. Most significantly, the right is subject to an inherent limit: title lands cannot be used in a way that deprives present and future generations of the right to use the land. Aboriginal title is also encumbered […]