Adverse Possession: A Legal Analysis Adverse possession is a legal doctrine that permits a person to acquire title to land through continuous and unauthorized possession over a statutory period. Rooted in the common law tradition, adverse possession reconciles property law’s commitment to certainty and efficiency with social and economic policy Read more…
Restrictive Covenants in Property Law: A Legal Examination In property law, restrictive covenants represent a legal mechanism through which landowners can impose limitations on the use of their land for the benefit of other landowners. These private agreements serve to structure behavior across parcels of land, promote consistent development patterns, Read more…
Partition in Property Law: A Doctrinal and Functional Examination Partition is a fundamental legal mechanism within property law that facilitates the division of concurrently owned property among co-owners. It arises from the principle that no individual should be compelled to remain in joint ownership against their will. The doctrine of Read more…
Fixtures in Property Law: Definition, Principles, and Legal Implications In property law, the concept of fixtures plays a critical role in determining the classification of items attached to land and buildings. A fixture is generally defined as an item that was once a movable chattel but has been affixed to Read more…
Constructive Trust: A Legal Mechanism for Preventing Unjust Enrichment A constructive trust is a legal remedy imposed by courts to prevent unjust enrichment when one party improperly acquires or retains property that rightfully belongs to another. Unlike an express trust, which is deliberately created by the settlor, a constructive trust Read more…
Land Surveying in Property Law: Defining Boundaries and Ownership Land surveying is an essential aspect of property law, serving as the foundation for determining property boundaries, ownership rights, and land use regulations. It is a technical and legal process that ensures the accurate measurement and documentation of land, preventing disputes Read more…
Accord and Satisfaction: A Legal and Conceptual Analysis Accord and satisfaction is a legal doctrine that serves as a method for resolving disputes and discharging contractual obligations. It is commonly used in contract law, debt settlements, and tort claims. The principle allows parties to alter their existing obligations through mutual Read more…
Joint Tenancy: Legal Aspects and Implications Joint tenancy is a form of property ownership in which two or more individuals hold equal ownership rights and interests in a single property. Distinguished by the principle of “unity of ownership,” joint tenancy has specific legal characteristics that make it unique compared to Read more…
The Right of Redemption: A Legal and Philosophical Perspective The concept of the right of redemption has been a cornerstone of property and finance law for centuries. Rooted in principles of fairness and equity, it offers individuals an opportunity to recover their property after a foreclosure or forfeiture by fulfilling Read more…