Abstract
The doctrine of tenure and estates is, of course, the theoretical starting point (Indigenous issues aside) for our understanding of land law built from the English common law system. Occasionally, the skeletons of this past do come back to bite, as evident in New Zealand with the recent proliferation of encumbrance instruments, as a device to ensure the performance of collateral and personal obligations by landowners. The end result, accompanied by the ignored advice of the New Zealand Law Commission, has resulted in a mess, creating conceptual confusion for the next generation of legal practitioners as well as law students.
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