This edited collection of papers comes from the well-established Modern Studies in Property Law biennial conference. It examines a diverse range of topics in property law and uses a wide range of methodological approaches to reflect on a variety of current and emerging themes and important issues that have been overlooked, offering new analysis and insights that will be valuable for property lawyers, academics, and students.
It considers new developments in property law, including those connected with digital assets and the issues that have arisen from co-housing. The contributors are leading academics and practitioners from several common law jurisdictions, which expands the book’s focus and enhances its value to the reader.
Preface List of Contributors Table of Cases Table of Legislation Part I: Boundaries of Property 1. A ‘bit’ Too Much? The Common Law’s Digital Dilemma, Sarah Green (Law Commission of England and Wales, UK) 2. Digital Assets as Property and the Challenges of Forced Judicial Activism, Andrew Ray (ANU College of Law, Australia), Damian Clifford (ANU College of Law, Australia) and Heather Roberts (ANU College of Law, Australia) 3. Treehold, William Swadling (University of Oxford, UK) Part II: Morality of Property 4. Against Conventionalism, Jeremy Waldron (New York University, USA) 5. Expanding the Categories of Negative Easements – Time for Change? Susan Pascoe (Middlesex University, UK) 6. ‘More in Hope than in Expectation’: The Legal Limits of Disinheriting Adult Children, Heather Conway (Queen’s University Belfast, UK) Part III: Leases and Co-Housing 7. Leases and the Nature of Co-ownership, Natalie Mrockova (University of Oxford, UK) and Luke Rostill (University of Oxford, UK) 8. Legal Structures and Restrictions on Alienation in Cohousing: A Comparative Analysis of English and French Law, Fabiana Bettini (University College London, UK) 9. Can a Consumerist Model of Law Reform Solve the Problems of Leasehold Tenure? Helen Carr (University of Southampton, UK), Caroline Hunter (University of York, UK), Carl Makin (University of York, UK) and Gwilym Owen (University of Bangor, UK) Part IV: Property and Equity 10. Proprietary Estoppel: Great Expectations and Detrimental Reliance, Lord Sales JSC (Justice, Supreme Court of the United Kingdom) 11. The Essential Similarity of Express Trusts in England, Japan and Quebec, Joyman Lee (University of Glasgow, UK) 12. Elucidating Equity in Pallant v Morgan, Joshua Teng (High Court of Malaya, Malaysia) 13. Subrogation, Marshalling, and Property, Rory Gregson (University of Cambridge, UK)
Natalie Mrockova is Lecturer in Law, Aruna Nair is Tutorial Fellow, and Luke Rostill is Associate Professor of Property Law, all at the University of Oxford, UK.
