Ben McFarlane The Structure of Property Law

ISBN 13: 9781841135595

The Structure of Property Law

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In its essence, land law has to provide answers to two very difficult questions: who is entitled to use land, and how they are entitled to use it? Land 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 new introductory textbook reveals the system and also shows how it is possible to understand and criticize land law. The book is written in a student-friendly style and, in both its pages and companion web-site, makes use of helpful visual aids. The book places land law firmly within the wider context of property law. The introduction discusses a basic tension which runs throughout property law, and it shows how that tension is heightened where land is involved. The second part shows the response to this basic tension, setting out a basic structure which applies throughout property law, while noting how the special nature of land leads to the special features of land law. The third part of the book applies the basic structure to the individual topics making up land law courses, using the structure to reveal the conceptual coherence which lies behind the technical terms. The book is ideal reading for undergraduate law students seeking a rock-solid understanding of how land law works.

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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.

Review:

...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

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