Subjects:

Property Law

Contents:

Introduction. To give effect to an imperfect gift. To prevent statute being used as an instrument of fraud. Where a purchaser takes land 'subject to' a person's rights. Where there is an uncompleted sale. Where there is an agreement to share beneficial interest and conferring a beneficial interest is necessary to prevent unjust enrichment. Where there has been a unilateral assurance of rights. Where a person has accepted the benefit of an agreement which has a corresponding burden. To prevent a person derogating from his grant. To recognise long use of a right. Conclusion.

This book provides a systematic analysis of the situations in which proprietary rights in land may be created in the absence of a formal grant. This can be created through resulting and constructive trusts, through the doctrines of mutual benefit and burden and non-derogation from grant, by equitable doctrines designed to combat fraud or unconscionable conduct, and by long use. In addition, proprietary estoppel gives rise to rights in land which may not be proprietary. This is the first book to treat these disparate doctrines as an area in their own right. By focusing on the situations in which rights are acquired, this book enables the reader to appreciate the requirements for the acquisition of a proprietary right without first penetrating the complexities and inconsistencies of the doctrines concerned.