The nature and justification of possessory title
Waghorn, A.
(2025).
The nature and justification of possessory title.
Cambridge Law Journal,
84(2), 431 - 457.
https://doi.org/10.1017/S0008197325100871
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 |
|---|---|
| Copyright holders | © 2025 The Author |
| Departments | LSE > Academic Departments > Law School |
| DOI | 10.1017/S0008197325100871 |
| Date Deposited | 20 Jan 2025 |
| Acceptance Date | 16 Jan 2025 |
| URI | https://researchonline.lse.ac.uk/id/eprint/126924 |
Explore Further
- https://www.scopus.com/pages/publications/105018769461 (Scopus publication)
ORCID: https://orcid.org/0000-0001-8795-5413
