When is unabashed presentism legal history?

I guess when it's tagged as such when uploaded to SSRN and included in the Legal History e-Journal, like this:

"Consultation Paper on Accounting and Contribution between Co-Owners of Land"

BRITISH COLUMBIA LAW INSTITUTE, British Columbia Law Institute (BCLI)
Email: bcli@bcli.org
Ownership of land is associated with many expenses: property taxes, utility charges, mortgage pages, and insurance premiums to name a few. It can also yield economic returns such as rental income and profits from growing crops. When land is held in co-ownership (joint tenancy or tenancy in common), expenses may not always be borne and economic benefits may not be received in proportion to the co-owners’ interests, or in another manner that is equitable in the particular circumstances. The body of law that governs rights with respect to accounting and contribution between co-owners is surprisingly unclear and archaic. It is also deficient in a number of ways.