Property Law: Cases and Commentary, 3rd Edition

Property Law: Cases and Commentary, 3rd Edition
Emond Publishing
Page Count:
Publication Date:
December 2013
Property and Real Estate Law

Property Law: Cases and Commentary, 3rd Edition, is also available as an ebook. To inquire about pricing for your firm or organization, please contact Debbie Hogan or call 1-888-837-0815 ext. 239.

Property Law: Cases and Commentary, 3rd Edition, explores traditional and contemporary issues surrounding the law of property in Canada. It addresses concepts such as possession, property interests in land and chattels, gifts, and family property. Authoritative commentary paired with carefully edited case law and article resources provides a strong conceptual framework for understanding Canadian property law. A specific chapter on Aboriginal title has been added, highlighting the historical and future importance of this integral aspect of Canadian property law. This edition of the text includes a new section introducing the law of mortgages, and offers additional coverage of how the law of succession interacts with the doctrine of estates. The accuracy and comprehensiveness that characterized previous editions has been retained and further refined in Property Law: Cases and Commentary, 3rd Edition.

  • Additional coverage of how the law of succession interacts with the doctrine of estates
  • Enhanced emphasis on the doctrine of public policy as a limitation on the ability to create conditional estates
  • Discussion of the role of law reform, actual and ideal, in modifying the fundamental principles of land law
  • Greater emphasis on the doctrine of estates as "facilitative law": law that enables parties to fulfill their intentions with regard to the disposition of property
  • Expanded coverage of specific performance and part performance, with a particular focus on the Ontario Court of Appeal’s decision in Erie Sand and Gravel and the SCC's decision in Southcott Estates v. Toronto Catholic Separate School Board
  • Extended and reorganized treatment of the law of gifts
  • New section introducing the law of mortgages
  • Additional coverage of prescriptive easements and profits a prendre
  • New content on law reform issues related to easements and covenants
  • Coverage of the relationship of easements and land titles legislation

Detailed Table of Contents for Property Law: Cases and Commentary, 3rd Edition:

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Brief Table of Contents

Chapter 1: Concepts of Property in Law

  • Introduction: Property as “Relationship,” Not “Thing”
  • Defining "Property in Context
  • Property and the "Right to Exclude"
  • Property Rights and the Charter
  • Alternative Visions of Property

Chapter 2: The Concept of "Possession"

  • The Concept of “First Possession”
  • Possession and the Finders of “Lost” Objects
  • Possession in Relation to Land
  • The Need for Reform?

Chapter 3: Fundamental Principles Governing Property Interests in Land

  • The Historical Basis for Current Land Law
  • The Doctrine of Tenure
  • The Doctrine of Estates
  • “Present” and “Future” Interests
  • The Modern Trust
  • The Rule Against Perpetuities
  • The Fundamental Principles of Land Law and Law Reform

Chapter 4: Bailment, Licences, and Leases: Dividing Title and Possession

  • Introduction: Title and Possession
  • Bailment and Its Obligations
  • Leasehold Estates in Land: An Introduction
  • Leases and Licences
  • Principles of Property and Contract in Leaseholds: Termination Remedies

Chapter 5: Transferring Property Interests by Gifts and Sale: The Role of Equity

  • Introduction: The Legal Context
  • Transferring Property Interests by Gift
  • Transferring Interests in Land: Legal and Equitable Interests
  • A Note on Mortgages
  • A Note on Priorities and Registration

Chapter 6: Concurrent Interests and Family Property

  • The Concept of Concurrent Interests
  • Traditional Concurrent Interests
  • Concurrent Interests: Co-operative Housing and Condominiums
  • Family Property: A Study in Legislative and Judicial Reform
  • Informal Family Property Transactions and Equities
  • The Limits of Family Property Reform: First Nations Communities

Chapter 7: Non-Possessory Interests in Land: “Private” Planning and the Use of Land

  • Introduction
  • The Profit à Prendre
  • Easements
  • Covenants and the Use of Land

Chapter 8: The Evolution of Aboriginal Title in Canada

  • Land and the Law: Aboriginal Property Interests
  • (Re)Defining Aboriginal Title to Land
  • Post-Delgamuukw Developments
  • Toward the Future: “We Are All Treaty People”
Prices and Formats

Property Law: Cases and Commentary, 3rd Edition

Format: Print
Cover: Hardcover
Colour: One Colour
Status: Available

Price: $124.00