ABSTRACT
This article examines the use of the term ‘possessory title’ to denominate the interest that is acquired by a person, B, when (and because) B takes possession of another person’s (A’s) tangible chattel. It contends that, depending on the exact meaning ascribed to the term ‘possessory title’, it is either misleading or a misnomer, and that it would be better to call B’s interest a ‘general property interest’. To support this claim, the article provides a detailed analysis of the nature of the interest acquired by B.
Rostill, Luke, Terminology and Title to Chattels: A Case Against ‘Possessory Title’ (2018). (2018) 134 Law Quarterly Review 407.
First posted 2021-02-12 07:11:41
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