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Marketable ValuesInventing the Property Market in Modern Britain$
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Desmond Fitz-Gibbon

Print publication date: 2018

Print ISBN-13: 9780226584164

Published to Chicago Scholarship Online: May 2019

DOI: 10.7208/chicago/9780226584478.001.0001

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PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 26 June 2022

States of Marketability

States of Marketability

Chapter:
(p.120) Chapter Four States of Marketability
Source:
Marketable Values
Author(s):

Desmond Fitz-Gibbon

Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226584478.003.0005

The marketability of real estate could mean different things in different contexts, and nowhere was this more true than in the law, where the idea of marketability raised specific and technical issues pertaining both to the identity of land and to claims of ownership and tenure. Chapter 4 argues that these issues can be traced through the debate over title registration and the broader history of land law reform. In these debates, commercial metaphors were often used to capture what reformers like Robert Wilson and Robert Torrens saw as the essential transformation needed to make real estate a modern commodity. If land could be traded like other commodities--watches, say, or stocks--the property market could finally be made to function like any other market. The question of how best to legally configure marketable property drew in debates on colonial land ownership, in particular the Irish Land Question, and the trustworthiness of new title certificates and the state authority upon which they would be based.

Keywords:   title registration, land law reform, Robert Wilson, Robert Torrens, Irish Land Question, title certificates

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