The nature and justification of possessory title

Waghorn, Alex ORCID: 0000-0001-8795-5413 (2025) The nature and justification of possessory title. Cambridge Law Journal. ISSN 0008-1973

Text (S0008197325100871) - Published Version Available under License Creative Commons Attribution. Download (288kB)

• Scopus publication

Abstract

Possession of a chattel is sufficient to create a title to it. This article considers the nature and justification of these titles. It argues that popular justifications of possessory title fall short and offers a more appealing justification. The article then seeks to resolve, in light of that justification, three ongoing doctrinal controversies about a possessory title’s nature: whether it continues to exist after possession of the chattel is lost; whether it is transferable; and whether it includes a right that others not interfere with a possessor’s use of the chattel.

Item Type:	Article
Additional Information:	© 2025 The Author
Divisions:	Law School
Subjects:	K Law
Date Deposited:	20 Jan 2025 10:18
Last Modified:	01 Nov 2025 04:24
URI:	http://eprints.lse.ac.uk/id/eprint/126924

Actions (login required)

View Item