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The Structure of Property Law
By
Ben McFarlane
In its essence, property law has to provide answers to two very difficult questions: who is entitled to use property, and how they are entitled to use it? Property 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 textbook reveals the system, and also shows how it is possible to understand and criticise the law. The book is written in a student-friendly style, with frequent summaries and, in both its pages and companion web-site, it makes use of helpful visual aids.
The book focuses on land law, and places it firmly within the wider context of property law. The introduction discusses a basic tension which runs throughout property law, and shows how that tension is heightened where land is involved. The second part shows the response to this basic tension: it sets out a basic structure which applies throughout property law, whilst noting how the special nature of land leads to the special features of land law. In particular, the book sets out a new and significant analysis of the role of equity within the property law system. The third part of the book applies the basic structure to the individual topics making up property law and 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 property law and land law work, and also contains sufficient detail for use as a course book.
Ben McFarlane is University Lecturer in Property Law and Trusts in the University of Oxford and a Fellow and Tutor in Law at Trinity College. As well as publishing research on property law, he was recently awarded a University Teaching Excellence award for his lectures on land law and trusts.
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