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01 July 2022 / Mark Pawlowski
Issue: 7985 / Categories: Features , Property
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What is a Personal Tenancy?

86373
Mark Pawlowski looks at the non-proprietary nature of a tenancy
  • Property as a relative concept.
  • The recent trend towards the loosening of the categories of proprietary entitlement within leasehold law.
  • Criticisms of the Bruton ruling.

The concept of property is elusive. To most property lawyers, it is the ‘twin indicia of assignability of benefit and enforceability of burden’ which provide the hallmarks of a right of property (see K Gray and S Gray, Elements of Land Law, (2009, 5th ed.), at 96-97). At the same time, however, the authors highlight the inherent circularity of this approach since ‘if naively we ask which entitlements are “proprietary”, we are told that they are those rights which are assignable to and enforceable against third parties. When we then ask which rights these may be, we are told that they comprise, of course, the entitlements which are traditionally identified as proprietary’.

Interestingly, K Gray poses an alternative definition, namely, that property consists primarily in ‘control over access’ and that ‘propertiness is represented

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Bell Yard Kysen—Liz Giles

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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