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Professor Chris Bevan's Outputs (29)

100 Years of Actual Occupation as an Overriding Interest in English & Welsh Land Law: Challenging the Rationale and Making the Radical Case for Abolition (2025)
Journal Article
Bevan, C. (online). 100 Years of Actual Occupation as an Overriding Interest in English & Welsh Land Law: Challenging the Rationale and Making the Radical Case for Abolition. Legal Studies, https://doi.org/10.1017/lst.2024.41

It is 100 years since the rights of those in ‘actual occupation’ joined the statute book as interests capable of binding transferees of land despite not appearing on the register. This article seizes the opportunity to investigate and excavate the ov... Read More about 100 Years of Actual Occupation as an Overriding Interest in English & Welsh Land Law: Challenging the Rationale and Making the Radical Case for Abolition.

Overriding Interests under the Land Registration Act 2002: Time to Repair the ‘Cracked Mirror’? (2024)
Journal Article
Bevan, C. (2024). Overriding Interests under the Land Registration Act 2002: Time to Repair the ‘Cracked Mirror’?. The Conveyancer and Property Lawyer, 2024(2), 123-139

This article revisits the vexed issue of overriding interests under the Land Registration Act 2002 and asks whether, now over 20 years since the 2002 Act came into force, the time has arrived to reform this controversial category of interests to repa... Read More about Overriding Interests under the Land Registration Act 2002: Time to Repair the ‘Cracked Mirror’?.

Precedent before Principle: Adverse Possession, “Reasonable Belief” and Statutory Interpretation of the Land Registration Act 2002 Sch.6 para.5(4) (2024)
Journal Article
Bevan, C. (2024). Precedent before Principle: Adverse Possession, “Reasonable Belief” and Statutory Interpretation of the Land Registration Act 2002 Sch.6 para.5(4). The Conveyancer and Property Lawyer, 88(2), 203-217

There are few areas of the adverse possession regime under the Land Registration Act 2002 still requiring clarification. One outstanding and live issue, however, is Schedule 6 paragraph 5(4)(c). Megarry & Wade note this as one aspect that, ‘remains t... Read More about Precedent before Principle: Adverse Possession, “Reasonable Belief” and Statutory Interpretation of the Land Registration Act 2002 Sch.6 para.5(4).

Delivering a Culture Change in Property Guardianship: Recommendations for Reform to the Regulatory Landscape (2024)
Journal Article
Bevan, C. (2024). Delivering a Culture Change in Property Guardianship: Recommendations for Reform to the Regulatory Landscape. Journal of Property, Planning and Environmental Law, 16(3), 237-254. https://doi.org/10.1108/JPPEL-02-2024-0007

Purpose

Property guardianship is increasingly being viewed as an alternative and, in many cases, a last resort to the unaffordable private rental market. This upsurge in the incidence of guardianship necessarily amplifies the existing legal grey a... Read More about Delivering a Culture Change in Property Guardianship: Recommendations for Reform to the Regulatory Landscape.

A New Definition of ‘Treasure’ under the Treasure Act 1996: Watershed Reform or Missed Opportunity? (2023)
Journal Article
Bevan, C. (2024). A New Definition of ‘Treasure’ under the Treasure Act 1996: Watershed Reform or Missed Opportunity?. Modern Law Review, 87(2), 430 - 447. https://doi.org/10.1111/1468-2230.12860

A new definition of ‘treasure’ under the Treasure Act 1996 has been introduced by the UK Government providing for a significant change to our understanding of what legally constitutes ‘treasure’ in England, Wales and Northern Ireland. The Treasure Ac... Read More about A New Definition of ‘Treasure’ under the Treasure Act 1996: Watershed Reform or Missed Opportunity?.

The Homelessness Reduction Act 2017: Furthering not fracturing marginalisation of those experiencing homelessness (2022)
Journal Article
Bevan, C. (2022). The Homelessness Reduction Act 2017: Furthering not fracturing marginalisation of those experiencing homelessness. International Journal of Law in Context, 18(1), 41-54. https://doi.org/10.1017/s174455232200009x

The Homelessness Reduction Act 2017 represents the most significant change to the rights of homeless people in England for decades. Through an analysis of the history of homelessness legislation in England, but focusing on the ‘ground-breaking’ 2017... Read More about The Homelessness Reduction Act 2017: Furthering not fracturing marginalisation of those experiencing homelessness.

The law of fixtures and chattels: recalibration, rationalisation and reform (2021)
Journal Article
Bevan, C. (2022). The law of fixtures and chattels: recalibration, rationalisation and reform. Legal Studies, 42(2), 358-375. https://doi.org/10.1017/lst.2021.56

This article examines the law of fixtures and chattels which governs the circumstances in which items of personal property that are attached to land become part of that land. Whether a chattel has become a fixture is crucial in a range of contexts in... Read More about The law of fixtures and chattels: recalibration, rationalisation and reform.

Liberating Minerva’s Owl: The (ir)relevance of s2 LP(MP)A 1989 to Estoppel Claims (2021)
Journal Article
Bevan, C. (2021). Liberating Minerva’s Owl: The (ir)relevance of s2 LP(MP)A 1989 to Estoppel Claims. Conveyancer and Property Lawyer, 85(4), 381-400

The relationship between s2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) and the doctrine of estoppel has long been a thorny issue; a lingering canker that has bedevilled an otherwise flexible, popular and productive equi... Read More about Liberating Minerva’s Owl: The (ir)relevance of s2 LP(MP)A 1989 to Estoppel Claims.

Reconceptualising Homelessness Legislation in England (2021)
Journal Article
Bevan, C. (2021). Reconceptualising Homelessness Legislation in England. Modern Law Review, 84(5), 953-973. https://doi.org/10.1111/1468-2230.12634

This article has two central aims. First, it problematises the long‐held consensus that homelessness legislation in England operates according to the concept of need and, secondly, it advances an alternative reading and reconceptualisation of homeles... Read More about Reconceptualising Homelessness Legislation in England.

Governing “The Homeless” in English Homelessness Legislation: Foucauldian Governmentality and the Homelessness Reduction Act 2017 (2021)
Journal Article
Bevan, C. (2021). Governing “The Homeless” in English Homelessness Legislation: Foucauldian Governmentality and the Homelessness Reduction Act 2017. Housing, Theory and Society, 38(3), 259-278. https://doi.org/10.1080/14036096.2020.1738542

This article contributes to the growing body of work exploring governmentality theory in housing and homelessness law by engaging a Foucauldian neoliberal, governmentality framework to the recently-enacted Homelessness Reduction Act 2017. This is the... Read More about Governing “The Homeless” in English Homelessness Legislation: Foucauldian Governmentality and the Homelessness Reduction Act 2017.

The search for common intention: the status of an executed, express declaration of trust post-Stack and Jones (2019)
Journal Article
Bevan, C. (2019). The search for common intention: the status of an executed, express declaration of trust post-Stack and Jones. Law Quarterly Review, 135, 660-681

Abstract: Reviews the debate over the extent to which courts may override the parties' intentions in an express declaration of trust and create a revised bargain concerning the parties' beneficial interests, using a discretionary approach to common i... Read More about The search for common intention: the status of an executed, express declaration of trust post-Stack and Jones.

Improving Housing Conditions in the Private and Social Rented Sectors: The Homes (Fit for Human Habitation) Act 2018 ‐ Fit for Habitation but Fit for Purpose? (2019)
Journal Article
Bevan, C. (2019). Improving Housing Conditions in the Private and Social Rented Sectors: The Homes (Fit for Human Habitation) Act 2018 ‐ Fit for Habitation but Fit for Purpose?. Modern Law Review, 82(5), 897-921. https://doi.org/10.1111/1468-2230.12439

The Homes (Fit for Human Habitation) Act 2018 became law in December 2018 and entered into force on 20 March 2019. This article examines the key provisions of this significant piece of housing legislation which has the potential to transform the live... Read More about Improving Housing Conditions in the Private and Social Rented Sectors: The Homes (Fit for Human Habitation) Act 2018 ‐ Fit for Habitation but Fit for Purpose?.