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Possession, Relative Title, and Ownership in English Law$
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Luke Rostill

Print publication date: 2021

Print ISBN-13: 9780198843108

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780198843108.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 04 December 2021

Possession and Title to Chattels

Possession and Title to Chattels

(p.99) 5 Possession and Title to Chattels
Possession, Relative Title, and Ownership in English Law

Luke Rostill

Oxford University Press

This chapter considers the nature of the title that is acquired through taking possession of a chattel. It argues that the possessor acquires a general property interest in respect of the chattel. This is an alienable proprietary interest that is capable of lasting forever, will survive a loss of possession, and includes a right to exclude the world at large. The chapter explains that this argument is compatible with (a) the law concerning the jus tertii; and (b) the rule that a possessor must be presumed, for certain purposes, to be the ‘absolute and complete owner’ of the chattel, unless a person with a better right can be identified.

Keywords:   personal property, possession, title to chattels, relativity of title, trespass to chattels, conversion, ownership, jus tertii

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