The Challenge of Identifying Private Property under English Law

James Brown, Mark Pawlowski

Research output: Contribution to journalArticlepeer-review

Abstract

The article provides a set of criteria from which to assess whether or not certain rights and interests amount to private property for the purposes of English law. The overall conclusion is that English law needs a clear and robust framework from which it can recognise private property in both its traditional and emerging forms. The writers seeks to provide that framework arguing that certain key elements are crucial to the notion of private property. In the absence of these elements, however, the right or interest may still be characterised as a form of quasi-property assuming the element of exclusivity is present.
Original languageEnglish
Pages (from-to)305-316
JournalConveyancer and Property Lawyer
Volume86
Issue number3
Publication statusPublished - 9 Sep 2022

Bibliographical note

This is a pre-copyedited, author-produced version of an article accepted for publication in Conveyancing and Property Lawyer following peer review. The definitive published version James Brown and Mark Pawlowski (2022) ‘The challenge of identifying private property under English law’, Conveyancer and Property Lawyer, 86(3), pp. 305–316, is available online on Westlaw UK.

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