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 time, the case law shows a consistent and marked disinclination to impose personal liabilities on a tenant outside the sphere of contract law. The cases and their statutory legacy represent an important resistance against the recognition of unlimited personal obligations as incidents of ownership …”

€ (Westlaw)

Simon Cooper, ‘Obligations as incidents of ownership: the experience of assignments to a man of straw’ [2022] Conveyancer and Property Lawyer (2) 135-154.

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