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Question: The Bruton tenancy can be a true proprietary interest in land because it confers a sufficiently intense degree of control over access. It has a sufficient degree of “propertiness”’.

Discuss.

Answer: Property law is concerned with the relationship which one has with the external world. Property is not a thing, but rather a relationship which one has with a thing. To claim ‘property’ in a resource is, in effect, to assert a strategically important degree of control over that resource. In English law, the doctrine of estate allows two or more people to enjoy the benefits of the same piece of land at the same time. An estate is an intangible right and a right to possession. A tenant who has a right to live in a land does not own the physical land per se, but instead owns a slice of time in the land. One of the elements of property that makes it special is the exclusionary effect. The person who has a property in a thing has the power to exclude those who have a lesser right in t......(short extract)

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Details: - Mark: Not available | Course: Land law | Year: 1st | Words: 1403 | References: No | Date written: Not available | Date submitted: April 22, 2017 | Coursework ID: 1022

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