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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: 02 December 2021

The Grounds of Relative Title

The Grounds of Relative Title

Chapter:
(p.127) 6 The Grounds of Relative Title
Source:
Possession, Relative Title, and Ownership in English Law
Author(s):

Luke Rostill

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198843108.003.0006

Since it is not possible to fully understand a rule unless one understands its grounds, this chapter seeks to identify the grounds of the rules that confer proprietary interests on possessors. It argues that there is a genuine obligation-based reason for conferring a right to exclude on possessors who owe a special duty to keep the chattel safe, but that this is not, and has not been regarded by the law as, a reason to institute rules that confer general property interests on possessors generally. The chapter goes on to argue that the rules that confer proprietary interests on possessors are primarily based on the genuine need to provide greater certainty over title to chattels and (unregistered) land and greater security to those who possess or deal with such things.

Keywords:   possession, title, relativity of title, property rights, finders, bailment, registered land

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