Discretion in Property Law: A Study of Judicial Correction of Title


This paper examines discretionary decision making in a property law context: the statutory power to correct a mistaken entry on the land register. This discretionary power has importance as an occasion when the allocation of property occurs without fixed rules but is put into the control of the court without guidance on content or goals. The case-law is studied using legal empirical analysis. The judicial approach is described and findings are analysed. The paper relates the conclusions to doctrinal and policy debates in land registration and discusses how the judicial input advances understanding of the registration system as an integrated whole.

Publication DOI: https://doi.org/10.1017/lst.2017.3
Divisions: College of Business and Social Sciences > Aston Law School
College of Business and Social Sciences > Aston Business School
Additional Information: © The Society of Legal Scholars 2018
Publication ISSN: 1748-121X
Last Modified: 26 Feb 2024 08:28
Date Deposited: 07 Mar 2019 08:30
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Related URLs: https://www.cam ... 038CDCCDE91AFE0 (Publisher URL)
PURE Output Type: Article
Published Date: 2018-03-01
Accepted Date: 2017-01-11
Authors: Cooper, Simon (ORCID Profile 0000-0003-3133-8250)



Version: Published Version

Access Restriction: Restricted to Repository staff only

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