Land Law: Themes and Perspectives provides a collection of specially commissioned essays for students studying land law at undergraduate level. The book brings together leading authors, as well as some younger scholars, and explores land law from a variety of traditions within legal scholarship. The book contains chapters on topics essential to all land law courses, and seeks to question the boundaries of the discipline and to engage with wider debates about the role of land in society. The five parts of the book address separate themes within land law. The first part explores what is meant by 'property in land'. Part two sets land law in a historical perspective, from romanist ideas on land through to recent land law reforms. Part three explores the connections between land law and citizenship, with chapters on women's claims to property, adverse possession, mortgages, homelessness, indigenous peoples in Australia, and post-apartheid laws in South Africa. Part four discusses a range of policy issues from the family home to the increasing 'europeanization of land law'.
The final part of the book explores land law from a more traditional, doctrinal perspective, opening with a chapter setting out the five keys to an understanding of land law. It will be invaluable reading for all undergraduate students of land law as well as postgraduate students and researchers working in the area.
Susan Bright is Fellow and Tutor in Law at St Hilda's College, Oxford. She is the author (with G. Gilbert) of Landlord and Tenant Law: The Nature of Tenancies (OUP, 1995). John Dewar is Professor of Law at Griffith University, Australia. His publications include Law and the Family 2/e (1992), Cohabitants (with S. Parker, 1996), and Trusts Law: Text and Materials 2/e (with G. Moffat and J. Bean, 1994).
Notes on Contributors ; Introduction ; PART ONE: PROPERTY IN LAND ; 1. The Idea of Property in Land ; 2. Critical Land Law ; PART TWO: LAND LAW IN HISTORY ; 3. Roman Ideas of Land Ownership ; 4. The 1925 Property Legislation: Setting Contexts ; 5. Evidencing Ownership ; 6. The Law Commission and the Reform of Land Law ; PART THREE: LAND LAW AND CITIZENSHIP ; 7. The Home Owner: Citizen or Consumer? ; 8. Women and Trust(s): Portraying the Family in the Gallery of Law ; 9. Citizens and Squatters: Under the Surfaces of Land Law ; 10. Homelessness ; 11. Land Law and Dispossession: Indigenous Rights to Land in Australia ; 12. Land and Post-Apartheid Reconstruction in South Africa ; PART FOUR: POLICY ISSUES IN LAND LAW ; 13. Land, Law and the Family Home ; 14. Europe, the Nation State and Land ; 15. Occupying 'Cheek by Jowl' Property Issues Arising From Communal Living ; 16. Land and Agricultural Production ; 17. Real Property and its Regulation: The Community Rights Rationale for Town Planning ; PART FIVE: DOCTRINAL ISSUES IN LAND LAW ; 18. Before We Begin: Five Keys to Land Law ; 19. Informally Created Interests in Land ; 20. Taking Formalities Seriously ; 21. Of Estates and Interests: A Tale of Ownership and Property Rights