Chapter 1 Further reading

Introduction: proprietary rights

Peter Birks ‘Before we begin: five keys to land law’ Land Law: Themes and Perspectives, S Bright and J Dewar (OUP 1998) 457-486
Discusses what the author considers to be the five key concepts underlying land law: time (specifically the reasons why people wish to deal with land in ‘slices of time’, the evolution of the doctrine of estates and the fee simple), space (specifically the concept that land extends beyond the mere physical surface area and why the creation of property rights requires limits), reality (specifically the difference between personal and proprietary rights and the need to control the creation of the latter and their enforcement against third parties), duality (specifically the intervention of equity and the divide between legal and equitable interests) and formality (the reason one needs formalities in land law).

K Gray and S Gray ‘The idea of property in land law’ Land Law: Themes and Perspectives, S Bright and J Dewar (OUP 1998)
Looks at the different concepts of property and how these are visualised in land law.

M Dixon ‘Proprietary and non proprietary rights in modern land law’ Land Law: Issues, Debates and Policy, L Tee (Willan 2002) 8 - 28
Looks at the fundamental distinction between proprietary and non proprietary rights. In particular, considers why we have proprietary rights; why some rights must remain non proprietary in status and what defines a proprietary from a non proprietary right.

Murphy, Roberts & Flessas ‘Understanding Property Law’ (Thomson / Sweet & Maxwell 4th Edn) Chapter 3
Discusses the concepts of ownership and title.

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