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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

Chapter:
(p.99) 5 Possession and Title to Chattels
Source:
Possession, Relative Title, and Ownership in English Law
Author(s):

Luke Rostill

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198843108.003.0005

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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