Supervision 1 2022

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Supervision 1 – Understanding Rights in Land
For the first supervision, choose two of the four cases below. Please read them carefully, and be prepared to present your findings on the case. 
For textbooks, please read Dixon, Modern Land Law 11th Edition, chapter 1. 
Understanding the distinction between personal and proprietary rights, the relativity of property rights, and limitations on ownership. 
READ THESE CASES – and pick TWO to comment on fully.
National Provincial Bank v Ainsworth [1965] AC 1175
Street v Mountford [1985] A.C. 809
Manchester Airport v Dutton [2000] Q.B. 133
Manchester Ship Canal v Vauxhall Motors [2019] UKSC 46
· What are the ratio decidendi of these cases?
· Why is the distinction between personal and property rights important in these cases? 
· How do you make the distinction between personal and proprietary rights?
· What does it mean to talk of the relativity of property rights and how do the cases illustrate that?
· What is the difference between ‘ownership’ and ‘possession’?
· What is a numerus clausus?
· In your view, should it be possible to turn any right into a property right by simply ‘attaching’ it to land, or is a numerus clausus preferable? 
· Why might we want there to be limited types of rights that can bind third parties without third parties’ consent?
See for further reading: Lochery, ‘Pushing the boundaries of Dutton?’ [2011] Conv 74; Sheldon, ‘A licence to extend relief from forfeiture: Vauxhall Motors Ltd v Manchester Ship Canal Co Ltd’ [2020] Conv 177.