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Books > Law > English law > Private, property, family > Property (real estate)
Property in Housing unpacks the right of access to adequate housing (section 26 of the Constitution of the Republic of South Africa, 1996) from a property perspective. The purpose of the volume is to reassess how and to what extent property plays a role in the protection, promotion and fulfilment of this right. The characteristics of access to ‘adequate’ housing – as articulated by the United Nations Committee on Economic, Social and Cultural Rights in its General Comment 4 – serve as an organising framework for the volume. It is within this framework that we explore how property law can be used and aligned to implement the right of access to adequate housing as a vehicle for large-scale transformative aims. Themes that are used to explore the vigorous relationship between property and housing include the centrality of the home in housing versus proprietary conflicts; the extent to which property narrates the conception of adequate housing, absent dedicated legislative reform; and the instrumentality of property as a vehicle for transforming the housing sphere. The property paradox in the context of the housing clause is threefold: the property institution must be curtailed to make way for housing interests; it must be utilised (with legislative measures and sometimes without) to do some of the section 26(1) heavy lifting – for instance, to provide secure tenure or ensure access to services; and it must foster a culture of regulation by way of the constitutional property clause (section 25), to provide the required access to the spaces that we envision adequate, at the costs that we consider reasonable. The monograph first introduces the authors’ approach, methodologically and theoretically, with reference to the history of property in housing in South Africa, the limited juridical development of our understanding of ‘adequate’ housing in the constitutional dispensation, the way in which housing relates to other constitutional rights, and the characteristics of having adequate housing. The remainder explores each of the internationally recognised characteristics by drawing on property law – security of tenure, services, accessibility, habitability, affordability, location and cultural adequacy – as components of the organising framework to interpret the progressive realisation of the South African housing mandate and respecting its anti-eviction measures. The development of the normative and substantive content of the right of access to adequate housing lies in the space left incomplete by property law. As such, this monograph is a call to action for this development to be achieved in order to foster a democratic South Africa for all who live in it. Property in Housing will be a valuable resource for subject specialists, researchers, advanced students, practitioners and the judiciary alike.
Land Law: Themes and Perspectives provides a collection of specially commissioned essays for students studying land law at undergraduate level. The book brings together leading authors, as well as some younger scholars, and explores land law from a variety of traditions within legal scholarship. The book contains chapters on topics essential to all land law courses, and seeks to question the boundaries of the discipline and to engage with wider debates about the role of land in society. The five parts of the book address separate themes within land law. The first part explores what is meant by 'property in land'. Part two sets land law in a historical perspective, from romanist ideas on land through to recent land law reforms. Part three explores the connections between land law and citizenship, with chapters on women's claims to property, adverse possession, mortgages, homelessness, indigenous peoples in Australia, and post-apartheid laws in South Africa. Part four discusses a range of policy issues from the family home to the increasing 'europeanization of land law'. The final part of the book explores land law from a more traditional, doctrinal perspective, opening with a chapter setting out the five keys to an understanding of land law. It will be invaluable reading for all undergraduate students of land law as well as postgraduate students and researchers working in the area.
The FIDIC Handbook Series will form a series of low cost guides to all FIDIC Contract administrators. They will ensure that appropriate timely actions are taken during the course of a construction contract in order to improve communication, stimulate better administration and highlight accountability at an early stage, thereby improving the working relationships between the parties and reducing the potential for disputes. The guidelines suggest actions for each party to take, stipulate the time to take such action, provide relevant comments and includes model letters where appropriate for each Sub-Clause within the Contract. This book, FIDIC Handbook - Pink, provides commentary on the Pink Book: The MDB Harmonised Edition of the Red Book for use with contracts which have been financed by one of the participating multilateral development banks.
The FIDIC Handbook Series will form a series of low cost guides to all FIDIC Contract administrators. They will ensure that appropriate timely actions are taken during the course of a construction contract in order to improve communication, stimulate better administration and highlight accountability at an early stage, thereby improving the working relationships between the parties and reducing the potential for disputes. The guidelines suggest actions for each party to take, stipulate the time to take such action, provide relevant comments and includes model letters where appropriate for each Sub-Clause within the Contract. This book, FIDIC Handbook - Yellow, provides commentary on the Yellow Book: FIDIC Conditions Of Contract For Plant and Design-Build which is recommended for the provision of electrical and/or mechanical plant and for building and engineering works if most (or all) of the works are to be designed by (or on behalf of ) the Contractor.
The FIDIC Handbook Series will form a series of low cost guides to all FIDIC Contract administrators. They will ensure that appropriate timely actions are taken during the course of a construction contract in order to improve communication, stimulate better administration and highlight accountability at an early stage, thereby improving the working relationships between the parties and reducing the potential for disputes. The guidelines suggest actions for each party to take, stipulate the time to take such action, provide relevant comments and includes model letters where appropriate for each Sub-Clause within the Contract. This book, FIDIC Handbook - Red, provides commentary on the Red Book: FIDIC Conditions of Contracts for Construction for building and engineering works designed by the Employer.
Part of the successful Routledge-Cavendish Q&A series, which provides students with essential advice and guidance on essay and exam success, this new edition has been fully updated and revised to incorporate new developments in land law since the publication of the previous edition, including full reference to the Land Registration Act 2002 and an assessment of the new legislation. It covers:
Demonstrating effective methods of answering typical exam and assessment questions, each chapter is arranged so that basic principles are considered first, with more complex issues being dealt with once simpler ones have been mastered. Giving students an important insight into exactly what examiners are looking for in an answer, this book is an excellent revision and practice guide.
A concise guide to the UK Building Regulations for the many people working on simple projects such as building extensions and building adaptations.
Set out along the "RIBA Plan of Work", this work helps designers to understand the practical implications of the legislation, highlighting particular problem areas and offering pointers about how they may be resolved. Noise is a matter of critical concern at every stage of construction projects and is controlled through a broad array of Acts, regulations and standards. Designers are increasingly required to minimise its negative impacts on communities and individuals - be they workers, occupants or neighbours - and failure to do so can disrupt project programmes, increase costs and prejudice building use and client operations. Set out along the "RIBA Plan of Work" and written by a highly respected architect and acoustician, "Legislation Maze: Noise" will help designers to understand the practical implications of the legislation, highlighting particular problem areas and offering pointers about how they may be resolved. Directly relevant legislation such as the Control of Noise at Work Regulations 2006, the Construction (Design and Management) Regulations 2007 and Part E of the Building Regulations are covered along with less directly relevant ones such as Environmental Protection Act 1990, and together they offer a handy first point of reference for the busy practitioner. The book is part of the "Legislation Maze" series which comprises short, easy-to-use topic-based guides for construction professionals and students in construction-related fields. It focuses on aspects of design and job management controlled by legislation, regulations and codes where these are otherwise difficult and time-consuming to assimilate.
All practising estate agents must understand the full implications of the recently extended Estate Agents Act 1979 and the Property Misdescriptions Act 1991. This book is designed to help achieve this aim. A lucid discussion of the statutory requirements, written from the estate agent's point of view, is followed by the full text of both Acts and the supporting orders and regulations.
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