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Bona vacantia and escheat are ancient legal concepts which nevertheless have a vital role to play in modern legal practice. Practitioners will encounter these topics in a range of situations but most commonly when dealing with land once owned by a company in circumstances where the company has ceased to exist, and ownership of the property has seemingly been lost to the Crown or another similar entity such as a Royal Duchy. Such cases invariably raise difficult legal issues, often against the backdrop of urgent and high value instructions.
This new title provides a comprehensive and up-to-date reference for practitioners. Part One provides an overview of the legal history of bona vacantia and escheat, before giving a detailed analysis of the relevant modern law of bona vacantia, disclaimer and escheat. Part Two examines the various types of entity that are likely to be involved in bona vacantia and escheat matters. It also sets out the policies of the government and Crown bodies that practitioners are likely to encounter.
Part Three provides detailed and practical coverage of the types of court proceedings that practitioners may need to use in bona vacantia and escheat disputes. There is particular focus on situations involving companies being dissolved while still owning land on the basis that this is the kind of instruction that practitioners are most likely to encounter in their day-to-day practice. Finally, Part Four contains relevant statutory materials and a selection of precedents.
