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In the last century Barry Rose was privileged to publish a book of unique qualities - a law book which could be read as a textbook and as an account of this area of law. It was written in such a way as to captivate readers by its literary qualities. The author writes that the manor was at its height as an institution in the years around 1200. Soon after 1600 it had declined into a relic, although still functioning, and the law could then be stated in its classic form by Sir Edward Coke in the 17th century. In 1925 the old laws were largely repealed. Yet the manor continues to exist in our own time and it develops as everything does. This book is intended to bring up-to-date the Law of the Manor. The nature of the changes has meant that the most direct way of discussing them has been not to add notes to each page, but to set them out in a way that can be read and understood on their own. Where possible, the author has referred to the relevant pages of the seminal work.
Positive Covenants and Freehold Land concerns the rule of property law that a positive covenant cannot bind successors in title to the original covenantor. The book examines the various methods to circumvent it by using restrictions on the register of title.
This book reveals the neglected world of the English manorial tenure of the nineteenth and twentieth centuries. It is rooted in landmark legislation: the Enfranchisement of Copyholds Act of 1841, and the Law of Property Act of 1922. The latter still largely governs modern property law. The story did not end until the property of the last documented former manorial tenant was enfranchised in 1957. While the English manorial system is fundamental to understanding much medieval and early-modern history, little attention has been paid to its ability to contribute to our understanding of the modern world. This book establishes for the first time a protracted manorial property revolution in England after 1841, which lasted over 100 years. This story is a massive lacuna in the history of property, and not just in the countryside; the urban manorial tenant was also heavily present in the landscape. Property rights registration since 2002, coinciding with the shale gas fracking furore, has reawakened interest in this neglected aspect of legal history, and ensures that this book will be of interest to lawyers and historians alike.
The Eleventh programme of law reform includes: charity law, conservation covenants, contempt, data sharing between public bodies, electoral law, electronic communications code, European contract law, family financial orders, misconduct in public office, offences against the person, rights to light, taxis and private hire vehicles - regulation, trade mark and design litigation - unjustified threats, wildlife
Premised on the belief that a social and an ecological agenda are compatible, this collection offers readings in the ecology of left and radical writing from the Romantic period to the present. While early ecocriticism tended to elide the bitter divisions within and between societies, recent practitioners of ecofeminism, environmental justice, and social ecology have argued that the social, the economic and the environmental have to be seen as part of the same process. Taking up this challenge, the contributors trace the origins of an environmental sensibility and of the modern left to their roots in the late eighteenth and early nineteenth centuries, charting the ways in which the literary ...
The forfeiture rule, in common law, states that a person cannot inherit property from someone whom he or she has unlawfully killed. The problem is what should happen to the inheritance where the dead person has died intestate and the potential heir is excluded because he or she has killed the dead person. This problem was highlighted by a Court of Appeal case in 2000, in which the killer's children were, in effect, disqualified from the inheritance because of their parent's wrongdoing. The Law Commission issued a consultation paper on this topic in 2003 (No. 172, ISBN 0117302589). This report discusses the responses and sets out the Commission's final recommendations. The Commission recommen...
This monograph provides a sustained analysis of two foundational principles of English property law: the principle of relative title and the principle that possession is a source of title. It examines several central concepts in the law of property, including possession and ownership.
It has long been a fundamental norm of civilized legal systems that the administration of justice is conducted in full view of the public. This is regarded as particularly important in criminal cases, where the accused is traditionally viewed as possessing the right to a public trial. The rise of the modern media, especially television, has created the possibility of a global audience for high profile cases. Increasingly, however, it is seen that the open conduct of legal proceedings is prejudicial to important values such as the privacy of parties, rehabilitative considerations, national security, commercial secrecy, and the need to safeguard witnesses and jurors from intimidation. In this topical new study, Joseph Jaconelli explores these issues and offers a critical examination, in the context of English law, of the values served by open justice and the tensions that exist between it and other important interests.
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Manorial rights are certain rights which were retained by lords of the manor in England and Wales when land became freehold in the early 20th century, and can include rights to mines and some minerals, sporting rights such as hunting, shooting and fishing, and rights to hold fairs and markets. In the past such rights were not required to be detailed on theregister of title, but they remained overriding - that is they bound the owner of the affected and even though they may not have known about the rights. Changes made through the Land Registration Act 2002 sought to increase the transparency and knowledge of such rights by requiring that they be registered and removing their overriding status. This Act specified a deadline - October 2013 - by which such rights should be registered to ensure they could not be lost.