The Informal Acquisition of Rights in Land
- ISBN-10
- 0421681004
- ISBN-13
- 9780421681002
- Category
- Land tenure
- Pages
- 266
- Language
- English
- Published
- 2000
- Authors
- Nicholas S. Hopkins, Nicholas Hopkins
Description
The purpose of this text is to provide a systematic analysis of the situations in which proprietary rights inland 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. The author treats these disparate doctrines as an area in their own right. By focusing on the situations in which rights are acquired, the book enables the reader to appreciate the requirements for the acquisition of a proprietary right without first penetrating the complexities of the doctrines concerned.
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