My article New students set straight on the law of the land has just appeared in the SCMP.
Archive for the ‘Land Law’ Category
Why land law matters
September 24, 2013Implied periodic tenancies
May 7, 2013Just posted a short piece on implied periodic tenancies on my Land Law blog (available here).
SCMP article on formalities and equity’s recognition of informally created rights
April 23, 2013My article ‘Failure to observe formalities can lead to danger’ appeared in the SCMP on 23rd April 2013. Here is the link.
Street v Mountford
March 19, 2013I’ve written a brief note setting out the main issues covered in Street v Mountford. It is available on SSRN by clicking here. I’ve posted a brief slidecast related to this on Youtube (click here).
The Pallant v Morgan equity: article and podcast
October 19, 2012My article, ‘The Pallant v Morgan equity” has just been published ([2012] Conveyancer and Property Lawyer 379). It explains the nature of the equity and the contexts in which it is frequently invoked. The article considers the debate as to the nature of the equity and the need to balance commercial certainty, on the one hand, with the need to give effect to agreements that were intended to be taken seriously, on the other.
Steven Gallagher and I have started a Property Law Podcast series on the CUHK iTunes U site. I have done a brief podcast about the Pallant v Morgan equity for this series.
Article on Bruton in King’s Law Journal
December 14, 2011My article ‘Bruton v London & Quadrant Housing Trust: Opening Pandora’s Box’ has just appeared in King’s Law Journal ((2011) 22(3) King’s Law Journal 403 – 413) – click here to go to the Journal’s web-page). The article considers the possible legal bases for the House of Lords decision in this case. Lord Neuberger has recently stated that relativity of title supplies the explanation (Mexfield Housing Co-operative Ltd v Berrisford [2011] UKSC 52, para. 65). London & Quadrant’s possession could be seen as giving them a relative title out of which to carve a lease. Similarly, Mr. Bruton’s own possession could be seen as conferring relative title. This explanation would allow the outcome to be compatible with the traditional idea that the lease is always an estate in land. I argue, however, that Lord Hoffman was careful to reject the idea that Mr. Bruton had any title at all (relative or otherwise).
Essay on the law of fixtures
April 15, 2011I have just posted a brief essay on the law concerning fixtures to SSRN. Here is the link.
Reflections on teaching law
February 15, 2011I have just written an essay with personal reflections on the nature of law teaching. It is available here.
More detailed land law podcasts
February 24, 2010I’m working on more detailed Land Law podcasts. Here is the first introducing Land Law as a whole
http://ess.itsc.cuhk.edu.hk:8080/ess/echo/presentation/c3977373-d531-4568-b2dd-1eddbef63d7a
The Bruton Tenancy
February 18, 2010My article “The Bruton tenancy” has just appeared – (2010) 1 Conveyancer and Property Lawyer 38 – 56.
The judgments in the Court of Appeal and in the House of Lords are fascinating and discuss fundamental issues concerning the nature of the lease. Can there be a purely contractual lease? This is a lease that is not an estate in land.
There has been a good deal of commentary on the decisions and this article draws on this literature and, of course, seeks to add to it in a useful way.
Michael Lower's Blog 