The Structure of Property Law

Shortlisted for the Peter Birks Prize for Outstanding Legal Scholarship 2009 In its essence, property law has to provide answers to two very difficult questions: who is entitled to use property, and how are they entitled to use it? Property law is therefore inherently difficult, but not impossibly so. It consists of an ordered and logical system, which aims to take the sting out of fierce disputes. This book provides a new perspective on property law. By setting out an underlying structure, it allows the reader to understand the fundamental principles of this difficult subject. By providing detailed coverage of individual topics, it shows how those principles apply in practice and provides a comprehensive resource for anyone studying, teaching, researching or practising in property law. The book is written in an accessible style, with frequent summaries and, in both its pages and companion web-site it makes use of helpful visual aids. It is ideal reading for law students seeking a rock-solid understanding of how property law and land law work, and contains sufficient detail for use as a course book in: " Property Law " Land Law " Personal Property Law The book also provides detailed analysis of core topics in: " Equity & Trusts " Commercial Law " Unjust Enrichment & Restitution See the companion website for this book: www.hartpub.co.uk/companion/propertylaw.html.

Table of Contents:
A. INTRODUCTION 1. Aims of the book 2. Land as Private Property 3. Land as a Special Form of Private Property B. BASIC STRUCTURE OF PROPERTY DISPUTES 4. Introduction 5. Property Rights 6. Defences to Property Rights 7. New Direct Rights 8. Conclusion: The Basic Structure of Property Disputes - The Basic Tension & Basic Questions C. BASIC CONCEPTS 9. Introduction 10. Numerus Clausus Principle 11. Equity 12. Formalities 13. Registration D. APPLYING THE BASIC STRUCTURE D1. An Example: Licences 14. Basic Situation 15. Contractual Licence 16. Future for the Contractual Licence? D2.Types of Property Right in Land 17. Freehold Estate 18. Leasehold Estate 19. Interests under a Trust of Land 20. Mortgagee's Interest and Equity of Redemption 21. Easements 22. Freehold Restrictive Covenants D3. Means of Acquiring Property Rights in Land 23. Introduction 24. Proprietary Estoppel 25. Resulting Trusts 26. Constructive Trusts D4. New, Direct Rights Against an Owner of Land E. CONCLUSION: THE BASIC STRUCTURE: THEMES AND LIMITS 27. Introduction 28. Equity: Complementing or Undermining the Common Law? 29. What's Special About Land? 30. Areas of Tension 31. Limits of the Basic Structure? ADDITIONAL MATERIAL Worked-through Problem Questions Powerpoint Material Updates

About the Author :
Ben McFarlane is Reader in Property Law in the University of Oxford and a Fellow and Tutor in Law at Trinity College. As well as publishing research on property law, his popular lectures on land law and trusts have been recognised by an Oxford University Teaching Excellence award. In 2010 he was awarded a prestigious Philip Leverhulme Prize by the Leverhulme Trust.

Review :
Ben Macfarlane's The Structure of Property Law is an ambitious and complex work, evidently the product of long and careful thought. It has a broad and detailed coverage, and explores many controversial topics Peter Jaffey Jurisprudence Volume 2, Issue 1, 2011 There is no doubting the intelligence and force of many of McFarlane's arguments. The Structure of Property Law is without question one of the smartest, most insightful books on property law to have appeared in years. Charlie Webb Jurisprudence Volume 2, Issue 1, 2011 ...a refreshing, ambitious and challenging book, which is to be welcomed because it endeavours to explain the law of both real and personal property...In a book as impressive as this, it is not surprising that the reader will be stimulated to disagree with some of the arguments, but such is clearly the author's aim...an original and important book, which offers a valuable new contribution to the scholarship of private law. James Lee Law Quarterly Review Vol 126, Jan 2010 I do wish strongly to suggest that all scholars of the law of property have a read of this book. As a stimulus to a critical re-evaluation of one's own views and a trigger of questions that never beore occurred to one, this book has, in comparison with other publications on the law of property in the last decade or so, no equal. Mr McFarlane deserves nothing but congratulations for that, and this book heralds a bright future. James Penner, Professor of Property Law, University College London Restitution Law Review This new book by Ben McFarlane provides a fresh and distinctive perspective on property law because its main focus is on reinforcing and utilising the very structured nature of the subject. Another unusual feature of this book is the fact that it will appeal to all of those with an interest in property law and not just law students because it has been written in a very engaging and straight-forward manner...provides a useful reference book for students, practitioners and academics alike because it successfully draws together matters of interest to all of these groups. Its contribution to the understanding of property law will be appreciated by all of those who read it. Leonora Onaran The Conveyancer and Property Lawyer 2009 ...a distinctive and engaging account of the role of property and how it is used...Each argument is logically made and, at times, extremely persuasive meaning The Structure of Property Law is a thoroughly engaging text. It is also impressively written and explains both key principles and complex issues in a straight-forward and accessible way. Student Law Journal 7 September 2008 I am glad to have looked at this book, because it tells me that students are now being taught their subject in a different way. This may result in them (when they qualify and become practitioners) approaching problems slightly differently. It may even result in substantial changes in the law, when the students of today, currently being given a different viewpoint and method of analysis, enter the judiciary. Tessa Shepperson Landlord-Law October 2008 The Structure of Property Law is more than just another textbook on property law. Its main purpose is to provide an underlying structure for the subject. The structure is new and original, and it runs through the book. The Structure of Property Law is a work of legal analysis, the novelty of which lies in the structure that McFarlane imposes on the subject. ...an excellent teaching book ... this is a must read for anyone seriously interested in property law. For an appropriate module, it would also make an excellent teaching book, at any rate for the more enthusiastic student. Paul Todd Professor of Law, University of Plymouth Lloyd's Maritime and Commercial Law Quarterly Although the text is not explicitly dedicated to a student audience, it is clear that students would benefit from an acquaintance with this book. The text is, no doubt deliberately, a provocative challenge to the orthodoxy of English property law. This conceptual challenge renders the text of interest to academics. Daniel J Carr The Edinburgh Law Review Volume 14, Issue 2, May 2010