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Principles Of The Law Of Real Property: Intended As A First Book For The Use Of Students In Conveyancing - Softcover

Joshua Williams

 
9780461447767: Principles Of The Law Of Real Property: Intended As A First Book For The Use Of Students In Conveyancing

Synopsis

Principles Of The Law Of Real Property: Intended As A First Book For The Use Of Students In Conveyancing" by Joshua Williams. This foundational treatise surveys English property law as it applies to the securing, checking, and transfer of title to real property, with careful commentary on covenants, title protection, and contemporary reforms. It explains why modern conveyancing relies on five covenants for title (possession, right to convey, quiet enjoyment, free from encumbrances, further assurance) and why the older general warranty is often omitted. The work discusses the absence of implied warranties in exchanges and partitions, and how statutes govern that deeds of exchange or partition do not inherently create covenants. It describes the investigation of title through an abstract spanning roughly sixty years, the importance of title searches, and the differing covenants and duties across freehold, copyhold, leasehold, and mortgage contexts. It surveys the sixty-year title rule, time limits on actions, production of deeds and registry, and two modern Acts: proof of title and declaration of title. It concludes with reflections on reform, uniformity with personal-property law, and practical guidance for purchasers and lenders.

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