Sarah Nield

Article 8 Respect for the home - A human property right?

Property lawyers have long treasured the certainty of a closely guarded and limited list of property rights that are capable of affecting strangers. Occasionally there have been signs that the list might be extended. The latest challenge to the certainty of a closed list of property rights comes from the human rights enshrined in the European Convention on Human Rights and Fundamental Freedoms (ECHR) now incorporated into domestic law by the Human Rights Act 1998 (HRA). Commentators have noted the possible effect of the HRA upon property rights. They have speculated that the incorporation of the human rights enshrined in the ECHR, particularly Article 8, may provide a new form of property right. For instance Gray and Gray raise the question of whether ‘[t]he human rights recognised by Article 8 effectively engrafts a “new equity” onto the property relationships of citizens?’

Land law : text, cases, and materials

A. INTRODUCTION B. THE CONTENT QUESTION C. THE ACQUISITION QUESTION D. PRIORITY AND THE DEFENCES QUESTION E. THE SHARED HOME F. LICENCES AND LEASES F: NEIGHBOURS AND NEIGHBOURHOODS G: SECURITY RIGHTS

The dynamics of enduring property relationships in land

This article proposes a new way of looking at property relationships that will enrich our understanding of how they operate. It focuses on property rights in land which are consensual in origin, although this approach could usefully be applied both to non-consensual property relationships and to other property types. Recognising both the temporal and spatial dimensions of land, the dynamics approach reflects the fact that most property relationships are lived relationships, affected by changing patterns and understandings of spatial use, relationship needs, economic realities, opportunities, technical innovations, and so on. Although evolving responsively to accommodate changing uses and new rights-holders, these relationships are nevertheless sustained and enduring. The dynamics lens acknowledges the diverse range of legal, regulatory, social and commercial norms that shape property relations. Our approach also explores how far the enduring, yet dynamic, nature of property relations is taken into account by a range of decision-makers.