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 (In Press)

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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 Cambridge University Press
Divisions:	Law
Subjects:	K Law
Date Deposited:	20 Jan 2025 10:18
Last Modified:	20 Jan 2025 10:18
URI:	http://eprints.lse.ac.uk/id/eprint/126924

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