Year 12s: what will be the first way you research your future options? >>

Land law question on the idea of property in land please help!!!!

I am a 2nd year law student and have recently been set an essay question on the Gray and Gray article 'The idea of property in land.' (http://www.trin.cam.ac.uk/show.php?dowid=870) I don't really understand how to go about answering it and am unsure as to what the quote actually means, I would really appreciate any help anyone can give.

‘In short, the idea of “property” in land oscillates ambivalently between the behavioural, the conceptual and the obligational, between competing models of property as a fact, property as a right and property as a responsibility’ (Gray AND Gray).
To what extent do you agree with this idea of ‘property’?

Please help!!!

Reply 1

iamorgan

Original post by SarahLLB

Im

‘In short, the idea of “property” in land oscillates ambivalently between the behavioural, the conceptual and the obligational, between competing models of property as a fact, property as a right and property as a responsibility’ (Gray AND Gray).
To what extent do you agree with this idea of ‘property’?

Please help!!!

What it's getting at is the idea that property is a confused concept. You can own property (simplistically, "that's my field"), you can owe somebody else something (ie to let them use a right of way or maintain a boundary) and you can also Have a stake in land -ie a lease/proprietary interest, etc.

Property isn't totally mutable either- it's almost a pecking order of rights and obligations.

Put another way, it can be used as a shield ("I'm not leaving: it's my land") and a sword ("you don't have a right to be here, please leave").

The words 'ambivalent' (and 'oscillates') highlight a degree of incoherence in the definition of property.

Basically- is the above definition accurate? Why?