Category Archives: Property
Vincent Okonkwo, ‘Is Money Money? Digital Currencies, Moneyness, and the Future of the Legal Fiction of Money’
ABSTRACT Most academic analyses on the ‘money’ status of cryptocurrency are performed either formalistically or superficially. The paper on the subject and the unity of conclusions are suggestive of this fact. These assessments religiously ask whether cryptocurrencies meet ‘definitive’ standards of ‘money-ness’ in monetary economics. They would mostly resolve that cryptocurrencies do not. This article […]
Dilek, Skauradszun and Omlor, ‘A New Private International Law for Digital Assets’
ABSTRACT The increasing popularity of digital assets presents significant challenges for private international law, as fundamental conflict of laws rules concerning proprietary issues are often absent. This article outlines a possible approach to a technologically neutral and function based conflict of laws framework. Taking existing instruments into account, it examines in particular the role of […]
Crettez and Obidzinski, ‘The Choice of Land Titling System and the Blockchain’
ABSTRACT Should the advent of the blockchain lead to the reorganization or even the replacement of traditional land titling systems? In addressing this issue, we first generalize the model developed by Arruñada and Garoupa (2005) to study optimal land titling systems. Instead of considering only recording and registration alone, we examine an a priori infinite […]
Martin Dixon, ‘Back from Dead? Adverse Possession and the Land Registration Act 2002’
ABSTRACT Considers recent cases that have revealed that adverse possession has not been entirely excluded by the Land Registration Act 2002. Analyses the operation of adverse possession in relation to landlords and tenants. Dixon, Martin John, Back from Dead? Adverse Possession and the Land Registration Act 2002 (June 1, 2025).
Chris Bevan, ‘Extending the Reach of the “Etridge Protocol” to So-called “Hybrid” Scenarios: Waller-Edwards v One Savings Bank Plc’
ABSTRACT In Waller-Edwards v One Savings Bank Plc, the Supreme Court addressed, for the first time, the significant question of whether banks were put on constructive notice of potential undue influence in so-called ‘hybrid’ scenarios. ‘Hybrid’ scenarios are those in which loan monies are advanced to a couple partly for their joint benefit and partly […]
Martin Dixon, ‘Real Property Rights in England and Wales: Removing the Law/Equity Distinction’
ABSTRACT The purpose of this chapter is not to discuss property law and its relationship to equity, where equity is a set of principles deployed to mitigate the harshness of the common law. That is a well-mined seam, and it remains very much a live issue in the courts of England and Wales. Instead, the […]
Martin Dixon, ‘Here we go Again Manipulating Constructive Trusts’
ABSTRACT In a previous, not too distant, issue of The Conveyancer, I had a solid moan about what I thought was an unfathomable High Court decision on the scope of constructive trusts as they operated in the context of co-ownership. Much to the relief of this author, the appeal in Hudson v Hathway saw the […]
Chow and Cheung, ‘Constructive trust in cryptoasset fraud: D’Aloia v Persons Unknown and others [2024] EWHC 2342 (Ch)’
ABSTRACT This case note examines the recent case D’Aloia v Persons Unknown and others [2024] EWHC 2342 (Ch), which affirmed the status of cryptoassets as property under common law, and applied traditional legal principles, including unjust enrichment and constructive trust, to address crypto fraud involving Tether (USDT). This case note also highlights the tension between […]
Purnoor Tak, ‘Property Rights and Financial Access’
ABSTRACT This paper investigates the effect of property rights on financial inclusion and subsequent changes in labor market participation and human capital investment. Using hand-collected savings bank data linked to the English census, I exploit the 1870 Married Women’s Property Act, which granted married women ownership of their financial assets. A 10% increase in the […]
Rajeshwari Sivakumar, ‘Metadata as Primary Evidence in Digital Asset Disputes’
ABSTRACT The growth of NFTs, cryptocurrencies, and digital art has created new challenges for proving ownership and authenticity in court. Metadata – the embedded ‘digital fingerprint’ of a file – captures creation, modification, and transfer details, making it crucial for resolving digital asset disputes. In India, the Bharatiya Sakshya Adhiniyam (BSA) 2023 recognizes electronic records […]