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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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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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