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Adverse Possession, 2nd Edition (Mainworks + 1st Supplement)

Adverse Possession, 2nd Edition (Mainworks + 1st Supplement)

  • 作者:
  • 出版商: Bloomsbury Professional (formerly Tottel Publishing)
  • ISBN: 9781784512576
  • 出版时间 July 2017
  • 规格: Hardback + Paperback , 823 pages
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥2,964.00

¥2,875.08 Save ¥88.92 (3%)

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  • 描述 
  • 大纲 
  • 作者 
  • 详细

    This is a pack containing Adverse Possession, Second Edition (9781847663726) and Adverse Possession: First Supplement to the Second Edition (9781784512538).

    Adverse Possession, Second Edition:

    The second edition of Adverse Possession takes account of legislation and case law including Land Registration Rules 2003, Adjudicator to Her Majesty's Land Registry (Practice and Procedure) Rules 2003 and Land Registration (Referral to the Adjudicator to HM Land Registry) Rules 2003. This book uniquely deals with the subject in detail, providing a full treatise on the law, referring to both English and Commonwealth authorities. It also examines the various issues of principle and practice which arise including title, meaning and elements of possession, the running of time, estoppel and human rights considerations.

    Adverse Possession: First Supplement to the Second Edition:

    This first supplement will bring the second edition, which published in 2011, fully up to date.

    This pack will prove invaluable to property and real estate practitioners, land law practitioners and those involved in adverse possession.

  • PART 1 INTRODUCTION Definitions and overview
    Historical introduction and proposals for reform
    Interpretation, policy and human rights
    Title to land

    PART 2 THE ELEMENTS OF ADVERSE POSSESSION
    The significance of adverse possession, discontinuance and dispossession
    The requirement that possession must be 'adverse' and continuous
    The meaning of 'possession'
    The factual element of possession
    The mental element of possession - the intention to possess
    The extent of possession: when possession of part of the surface will be treated as possession of whole
    The extent of possession: mines and minerals
    Possession of specific types of land
    Whether specific uses of land constitute possession

    PART 3 THE RUNNING OF TIME
    How long must time run for?
    What will stop time running?
    Extension of time by acknowledgment or payment
    Extension of time for disability
    Extension of time for fraud, mistake or deliberate concealment

    Estoppel PART 4 THE EFFECT OF TIME RUNNING
    Unregistered title
    Registered title - Part 1
    Registered title - Part 2

    PART 5 SPECIAL CASES
    Easements, profits and other rights
    Leases
    Encroachments
    Mortgages
    Trusts
    Beneficiary in possession to exclusion of trustee
    Co-ownership
    Successive interests
    Issues following death
    Rentcharges, annuities, tithes and advowsons
    Boundaries
    The sale of land
    Licences and tenancies at will
    Pleading points

  • Stephen Jourdan QC


    Stephen Jourdan QC was a solicitor at Theodore Goddard from 1985-1989 when he became a barrister. He joined Falcon Chambers in 1990 and took silk in 2009. His practice covers all aspects of property and agricultural litigation, including insolvency, partnership, professional negligence, animal health and pollution claims, and acting as arbitrator and independent expert. He is a Deputy High Court Judge, a Civil Recorder, a judge of the Land Registration Division of the Property Chamber of the First-tier Tribunal, the author of “Adverse Possession”, now in its second edition, and the consultant editor for the title “Boundaries” in the latest edition of Halsbury's Laws.


    Oliver Radley-Gardner QC

    Oliver Radley-Gardner is a barrister at Falcon Chambers.


     

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