Kirsten Anker, ‘Land’

“Land as an object of property in systems of law with European roots may appear to have patently obvious or unremarkable qualities, and yet its characteristics are both historically and culturally contingent. In the common law, land forms the first of the two major kinds of property designated by the distinction between real and personal property. The only disputes around the definition of land have traditionally related to the physical extent of boundaries (do they extend upwards so as to make overflying aircraft into trespassers, or downwards to include sub-surface minerals?), the transformation of personalty into realty by attaching it to land (fixtures), and the changing status of the lease (in England, leases were at one time dealt with by common law courts as personal property). We could entertain two lines of inquiry, however, that would provoke a deeper level of reflection on just what land ‘is’ …”


Anker, Kirsten, ‘Land’, McGill Law Journal, September 2021, volume 66 issue 1, pp 103-107.

First posted 2021-10-16 13:00:05

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