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Modern Studies in Property Law – 2016 biennial conference

From 5–7 April 2016 a group of property lawyers, who meet under the name “Modern Studies in Property Law”, this year had their biennial conference at Queen’s University in Belfast. Next to “full paper sessions”, there were also “works in progress sessions”. It was interesting to note that most of the participants came from England & Wales, some from Ireland and Scotland, next to a group of participants from various jurisdictions: Australia, Canada, Hong Kong, Japan, the Netherlands, New Zealand, Spain and South Africa. This meant that most of the discussions focussed on developments within the common law world, meaning that the focus was on English law and legal systems which derive their own legal system from English law. Topics which were discussed in several papers were: land registration problems (defeasibility of title, impact of fraud), the impact of disabilities on property law, climate change and the role of local communities in property law. Although most of the problems were specific for a particular jurisdiction, also problems were discussed which were interesting from a more general European perspective, particularly concerning the impact on national property law of the European Convention on Human Rights. A recent case in which ECHR aspects play a dominant role, to be decided by the UK Supreme Court within the coming weeks, is McDonald v. McDonald. The facts of the case are straightforward, but as such already show the underlying social problem. Fiona McDonald, who suffered from mental health problems, was given a so-called “assured short tenancy” by her parents, who had acquired the