Possession, Relative Title, and Ownership in English Law

ISBN : 9780198843108

Luke Rostill
208 ページ
165 x 240 mm

This monograph is concerned with two foundational principles of English property law: the principle of relativity of title and the principle that possession is a source of title. It is impossible to understand the relationship between possession and ownership in English law unless one has a sound understanding of these principles. Yet the principles have been interpreted in different ways by judges, practitioners, and academics. The volume seeks to illuminate this area of law by addressing four questions. What is possession? What is the nature of the title acquired through possession? What are the grounds of relativity of title? And, what is the relationship between relativity of title and ownership? Drawing on the analysis of the law concerning relativity of title and the acquisition of proprietary interests through possession, the author also implies that the architecture of land law and the law of personal property have many similarities.


1. Introduction
2. Possession
2.1 The Aims and Scope of the Enquiry
2.2 Scepticism of Possession
2.3 The Nature of Possession
2.4 Possession of Estates and Interests
3. Possession and Title: Three Views
3.1 Introduction
3.2 Three Views of Title by Possession
3.3 The Importance of Distinguishing the Three Views
3.4 Conceptual Objections to Presumptions of Property
3.5 Conclusion
4. Possession and Title to Land
4.1 Introduction
4.2 The Incidents of a Possessor's Interest
4.3 Objections to the Strong Proprietary Interest View
4.4 The Scope of the Acquisition Rule
4.5 Conclusion
5. Possession and Title to Chattels
5.1 Introduction
5.2 The Incidents of a Possessor's Interest
5.3 Objections to the Strong Proprietary Interest View
5.4 Conclusion
6. The Grounds of Relative Title
6.1 Introduction
6.2 Obligation-based Arguments
6.3 The Security and Certainty of Title
7. Ownership and Relativity of Title
7.1 Ownership in General
7.2 Ownership of Land and Chattels in English Law
7.3 Ownership and Relative Title
7.4 Conclusion


Luke Rostill is an Associate Professor of Property Law in the Oxford Law Faculty and a Tutorial Fellow in Law at Trinity College. Before taking up his current role, Luke was a Supernumerary Teaching Fellow in Law at St John's College, Oxford. Luke read Jurisprudence (Law) at Wadham College, Oxford, and remained at Wadham for the BCL, MPhil, and DPhil. His research and teaching interests primarily concern the law of property and property theory.