Taking a fresh and innovative approach to the subject, Making Sense of Land Law is an essential textbook designed to help those coming to the subject for the first time. Practical scenarios and diagrams are feature throughout, making the subject come alive. The Q&A-style of debate in the book is unique and takes the reader through the issues step by step. This book is suitable as a core textbook, but also as a revision guide or for self-study. This is an ideal text for a land law module at first or second year level, as part of an LLB degree. Also useful for undergraduates of other related disciplines in which an awareness of land and property law is required in an easy-to-digest and accessible manner, such as planning, estate management and business property and other built environment courses. New to this Edition: - Fully revised and updated - The latest on the law of easements - Discussion of the development in constructive and resulting trusts

After the fall of the Porfirio Diaz regime, pueblo representatives sent hundreds of petitions to Pres. Francisco I. Madero, demanding that the executive branch of government assume the judiciary's control over their unresolved lawsuits against landowners, local bosses, and other villages. The Madero administration tried to use existing laws to settle land conflicts but always stopped short of invading judicial authority. In contrast, the two main agrarian reform programs undertaken in revolutionary Mexico-those implemented by Emiliano Zapata and Venustiano Carranza-subordinated the judiciary to the executive branch and thereby reshaped the postrevolutionary state with the support of villagers, who actively sided with one branch of government over another. In Matters of Justice Helga Baitenmann offers the first detailed account of the Zapatista and Carrancista agrarian reform programs as they were implemented in practice at the local level and then reconfigured in response to unanticipated inter- and intravillage conflicts. Ultimately, the Zapatista land reform, which sought to redistribute land throughout the country, remained an unfulfilled utopia. In contrast, Carrancista laws, intended to resolve quickly an urgent problem in a time of war, had lasting effects on the legal rights of millions of land beneficiaries and accidentally became the pillar of a program that redistributed about half the national territory.

How did Chicago, a city known for commerce, come to have such a splendid public waterfront-its most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront's evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago's history but also the law's part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become the primary principle for mediating clashes between public and private lakefront rights. Lakefront compares the effectiveness of the public trust idea to other property doctrines, and assesses the role of the law as compared with more institutional developments, such as the emergence of sanitary commissions and park districts, in securing the protection of the lakefront for public uses. By charting its history, Kearney and Merrill demonstrate that the lakefront's current status is in part a product of individuals and events unique to Chicago. But technological changes, and a transformation in social values in favor of recreational and preservationist uses, also have been critical. Throughout, the law, while also in a state of continual change, has played at least a supporting role.

Life now without access to electronic telecommunications would be regarded as highly unsatisfactory by most of the UK population. Such ready access would not have been achieved without methodical and ultimately enforceable means of access to the land on which to install the infrastructure necessary to support the development of an electronic communications network. Successive governments have made such access a priority, regarding it as a principle that no person should unreasonably be denied access to an electronic communications network or electronic communications services. The enactment of the Telecommunications Act 1984 and its revision by the Communications Act in 2003 have played their role in the provision of an extensive electronic infrastructure in the UK, while their reshaping by means of the Digital Economy Act 2017 will continue that process. Throughout that process, a little publicised series of struggles has taken place between telecommunications operators and landowners, as they seek to interpret the Electronic Communications Code by which their rights and obligations have been regulated. This book describes the problems that accompanied the Old Code (which will continue to regulate existing installations and agreements); and the intended solutions under the New Code. The eminent team of authors explain the background, provisions and operation of the old code and the new one, providing practical and jargon-free guidance throughout. It is sure to become the reference on this topic and is intended as a guide for telecommunications operators, land owners, and of course for their advisers in the legal and surveying professions. All members of Falcon Chambers, comprising nine Queen's Counsel and 30 junior barristers, specialise in property law and allied topics, including the various incarnations of the Electronic Communications Code. Members of Falcon Chambers, including all the authors of this new work, have for many years lectured and written widely on the code, and have appeared (acting for both operators and landowners) in many of the few reported cases on the subject of the interface between property law and the code, including for example: Geo Networks Ltd v The Bridgewater Canal Co. Ltd (2010); Geo Networks Ltd v The Bridgewater Canal Co. Ltd (2011); Crest Nicholson (Operations) Ltd v Arqiva Services Ltd (2015); Brophy v Vodafone Ltd (2017).

The story of the rise of the segregated suburb often begins during the New Deal and the Second World War, when sweeping federal policies hollowed out cities, pushed rapid suburbanization, and created a white homeowner class intent on defending racial barriers. Paige Glotzer offers a new understanding of the deeper roots of suburban segregation. The mid-twentieth-century policies that favored exclusionary housing were not simply the inevitable result of popular and elite prejudice, she reveals, but the culmination of a long-term effort by developers to use racism to structure suburban real estate markets. Glotzer charts how the real estate industry shaped residential segregation, from the emergence of large-scale suburban development in the 1890s to the postwar housing boom. Focusing on the Roland Park Company as it developed Baltimore's wealthiest, whitest neighborhoods, she follows the money that financed early segregated suburbs, including the role of transnational capital, mostly British, in the U.S. housing market. She also scrutinizes the business practices of real estate developers, from vetting homebuyers to negotiating with municipal governments for services. She examines how they sold the idea of the suburbs to consumers and analyzes their influence in shaping local and federal housing policies. Glotzer then details how Baltimore's experience informed the creation of a national real estate industry with professional organizations that lobbied for planned segregated suburbs. How the Suburbs Were Segregated sheds new light on the power of real estate developers in shaping the origins and mechanisms of a housing market in which racial exclusion and profit are still inextricably intertwined.

The story of the rise of the segregated suburb often begins during the New Deal and the Second World War, when sweeping federal policies hollowed out cities, pushed rapid suburbanization, and created a white homeowner class intent on defending racial barriers. Paige Glotzer offers a new understanding of the deeper roots of suburban segregation. The mid-twentieth-century policies that favored exclusionary housing were not simply the inevitable result of popular and elite prejudice, she reveals, but the culmination of a long-term effort by developers to use racism to structure suburban real estate markets. Glotzer charts how the real estate industry shaped residential segregation, from the emergence of large-scale suburban development in the 1890s to the postwar housing boom. Focusing on the Roland Park Company as it developed Baltimore's wealthiest, whitest neighborhoods, she follows the money that financed early segregated suburbs, including the role of transnational capital, mostly British, in the U.S. housing market. She also scrutinizes the business practices of real estate developers, from vetting homebuyers to negotiating with municipal governments for services. She examines how they sold the idea of the suburbs to consumers and analyzes their influence in shaping local and federal housing policies. Glotzer then details how Baltimore's experience informed the creation of a national real estate industry with professional organizations that lobbied for planned segregated suburbs. How the Suburbs Were Segregated sheds new light on the power of real estate developers in shaping the origins and mechanisms of a housing market in which racial exclusion and profit are still inextricably intertwined.

This book, for the first time, sets out in comprehensive and accessible fashion the law on acquiring, surrendering and transferring ownership rights in goods and chattels. These are issues that have the potential to present themselves in contentious and non-contentious matters of various kinds, for example in the contexts of testamentary and lifetime gifts and the law of mixtures, finding and bailment. It will therefore be of interest to a broad range of practitioners, as well as academics with an interest in property.

The institution of property is as old as mankind, and property rights are today deemed vital to a prosperous economic system. Much has been written in the last decade on the economics of the legal institutions protecting such rights. This unprecedented book provides a magnificent introduction to the subject. Terry Anderson and Fred McChesney have gathered twelve leading thinkers to explore how property rights arise, and how they bolster economic development. As the subtitle indicates, the book examines as well how controversies over valuable property rights are resolved: by agreement, by violence, or by law.

The essays begin by surveying the approaches to property taken by early political economists and move to colorful applications of property rights theory concerning the Wild West, the Amazon, endangered species, and the broadcast spectrum. These examples illustrate the process of defining and defending property rights, and demonstrate what difference property rights make. The book then considers a number of topics raised by private property rights, analytically complex topics concerning pollution externalities, government taking of property, and land use management policies such as zoning.

Overall, the book is intended as an introduction to the economics and law of property rights. It is divided into six parts, with each featuring an introduction by the editors that integrates prior chapters and material in coming chapters. In the end, the book provides a fresh, comprehensive overview of an intriguing subject, accessible to anyone with a minimal background in economics. With chapters written by noted experts on the subject, "Property Rights " offers the first primer on the subject ever produced. In addition to the editors, the contributors are Louise De Alessi, Yoram Barzel, Harold Demsetz, Thrainn Eggertsson, Richard A. Epstein, William A. Fischel, David D. Haddock, Peter J. Hill, Gary D. Libecap, Dean Lueck, Edwin G. West, and Bruce Yandle."

Capital Taxation for Solicitors offers succinct and practical advice to trainee solicitors, enabling them to gain a thorough understanding of the main capital taxes as they arise in general probate and conveyancing practice. In relation to probate, it provides a detailed explanation of capital acquisitions tax and discretionary trust tax, and goes on to deal with estate planning and tax-efficient administration of the estate and any trusts arising. In relation to conveyancing, it gives a thorough explanation of capital gains tax and stamp duty as they relate to conveyances of residential properties. This second edition is updated to include references to the Finance (No. 3) Act, 2011. Providing the legislative background and numerous practical examples of how the taxes are calculated, the manual will be of use not only to students on the Professional Practice Course, but also to practitioners who deal with any of these areas. Online Resource Centre Changes and developments in the area will be covered by regular updates to the Online Resource Centre.

In unterschiedlichen Rechtsgebieten lassen sich Konfliktfelder und aktuelle Entwicklungen der stadtebaulichen Planung ablesen. Dazu zahlen beispielsweise fur die Umweltprufung die Konsequenzen, die sich aus der moeglichen Ausweitung des Anwendungsbereichs ergeben koennen, oder der im Hinblick auf die Innenentwicklung starker zu beachtende Belang der Verschattung sowie Anwendungsfragen bei Festsetzungen zum Baurecht auf Zeit. Aktuelle Entwicklungen betreffen die AEnderung der Umweltvertraglichkeitsprufungs-Richtlinie, das geanderte Abstandsflachenrecht sowie zentrale Versorgungsbereiche in der Flachennutzungsplanung, AEnderungen bei den Heilungsvorschriften fur das beschleunigte Verfahren und der Einsatz der stadtebaulichen Entwicklungsmassnahme vor dem Hintergrund der Wohnungsnot in den Ballungsraumen. Dieser Tagungsband dokumentiert die Themenfelder, die im Rahmen einer wissenschaftlichen Fachtagung am 16. und 17. September 2013 an der Technischen Universitat Berlin behandelt wurden.

In this groundbreaking book, Frank K .Upham uses empirical analysis and economic theory to demonstrate how myths surrounding property law have blinded us to our own past and led us to demand that developing countries implement policies that are mistaken and impossible. Starting in the 16th century with the English enclosures and ending with the World Bank's recent attempt to reform Cambodian land law - while moving through 19th century America, postwar Japan, and contemporary China - Upham dismantles the virtually unchallenged assertion that growth cannot occur without stable legal property rights, and shows how rapid growth can come only through the destruction of pre-existing property structures and their replacement by more productive ones. He argues persuasively for the replacement of Western myths and theoretical simplifications with nuanced approaches to growth and development that are sensitive to complexity and difference and responsive to the political and social factors essential to successful broad-based development.

In this compelling examination of the intersection of smart technology and the law, Joshua A. T. Fairfield explains the crisis of digital ownership - how and why we no longer control our smartphones or software-enable devices, which are effectively owned by software and content companies. In two years we will not own our 'smart' televisions which will also be used by advertisers to listen in to our living rooms. In the coming decade, if we do not take back our ownership rights, the same will be said of our self-driving cars and software-enabled homes. We risk becoming digital peasants, owned by software and advertising companies, not to mention overreaching governments. Owned should be read by anyone wanting to know more about the loss of our property rights, the implications for our privacy rights and how we can regain control of both.

In 1990, shortly after a Malaysian politician announced that the boundaries of Kinabalu Park, a primary tourist destination, were to be expanded to include the species-rich tropical forest known locally as Bukit Hempuen, most of the area was burned to the ground, allegedly by local people. What would motivate the people who had for generations hunted and gathered forest products there to act so destructively? In this volume, Amity Doolittle illuminates this and other contemporary land-use issues by examining how resources were used historically in Sabah from 1881 to 1996 and what customary rights of access to land and resources were enjoyed by local people. Drawing upon anthropology, political science, environmental history, and political ecology, she looks at how control over and access to resources have been defined, negotiated, and contested by colonial state agents, the postcolonial Malaysian state, and local people. The study is grounded in methodological and theoretical advances in the field of political ecology, merging the traditions of human ecology and political economy and looking at environmental conflicts in terms of the particulars of place, culture, and history. Doolittle assumes that environmental problems have causes that are complex and changing and that solutions must be specific to time and place. Using a political ecology perspective allows her to focus on the root causes of environmental degradation, exposing the underlying political, economic, and social forces at work. The challenge in the twenty-first century, she writes, is to move beyond blaming local people for resource degradation and to find ways to achieve equitable access to natural resources and more sustainable land use practices. Property and Politics in Sabah, Malaysia has great relevance to development studies, political ecology, environmental planning, anthropology, and legal studies in natural resource management.

The taking of private property for development projects has caused controversy in many nations, where it has often been used to benefit powerful interests at the expense of the general public. This edited collection is the first to use a common framework to analyze the law and economics of eminent domain around the world. The authors show that seemingly disparate nations face a common set of problems in seeking to regulate the condemnation of private property by the state. They include the tendency to forcibly displace the poor and politically weak for the benefit of those with greater influence, disputes over compensation, and resort to condemnation in cases where it destroys more economic value than it creates. With contributions from leading scholars in the fields of property law and economics, the book offers a comparative perspective and considers a wide range of possible solutions to these problems.

The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law, providing a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promote clarity and ease of understanding. Now in its eighth edition, A Practical Approach to Landlord and Tenant continues to provide a comprehensive and systematic guide to the particularly complex principles and practice of landlord and tenant law. Condensing the case law and statutory codes into one manageable volume, this book provides a valuable, user-friendly introduction for lawyers and students alike. The authors explain the fundamentals of landlord and tenant law, providing a broad coverage from creating a tenancy through to termination. Offering extensive treatment of both the common law and statutory codes, this book provides detailed analysis of areas such as leases, tenancy, assignment and subletting, agricultural holdings, business tenancies, and eviction. The eighth edition has been comprehensively updated to cover all recent developments in landlord and tenant law. It considers the requirements on landlords defined in the Deregulation Act 2015, as well as the developments on the seizing of tenant's assets as contained in the Commercial Rent Arrears Recovery Procedure (CRAR) 2014. This edition provides an overview of the effect that the provisions of the Immigration Act 2016, and the Housing and Planning Act 2016 will have on residential tenancies in England. It also reflects on the impact of new case law, such as the advances in the tenancy deposit protection scheme as well as changes to business and assured tenancies. Very much a practical guide, this title makes frequent use of examples, checklists, forms and precedents, specifically designed to assist the busy professional and student. A Practical Approach to Landlord and Tenant is an indispensable resource for those working in this field.

Principles of Property Law offers a critical and contextual analysis of fundamental property law concepts and principles, providing students with the necessary tools to enable them to make sense of English land law rules in the context of real world applications. This new book adopts a contextual approach, placing the core elements of a qualifying law degree property and land law course in the context of general property principles and practices as they have developed in the UK and other jurisdictions in response to a changing societal relationship with a range of tangible and intangible things. Also drawing on concepts of property developed by political and legal theorists, economists and environmentalists, Principles of Property Law gives students a clear understanding of how property law works, why it matters and how the theory connects with the real world. Suitable for undergraduate law students studying property and land law in England, Wales and Northern Ireland, as well as postgraduate students seeking an accessible analysis of property law as part of a course in law, land administration, environmental law or development studies.

McFarlane, Hopkins, and Nield's Land Law is the most succinct, analytical textbook available in this subject area. These experienced and respected authors have used their unique approach to land law to provide a consistent structure with which students and lecturers can tackle the topics. The approach arms students with the tools needed to analyse content covered in classes and exams autonomously by demonstrating how to consider rules in isolation before looking at the full picture. This method helps students make links across topics. The concise treatment allows students to concentrate on building an in-depth, sophisticated grasp of the core principles. The authors' direct writing style and contextual outlook guides readers through the depth and detail and gives lucidity to abstract rules. The use of significant cases to exemplify rules in practice and diagrams for visual learners gives additional clarity to concepts that are particularly difficult to imagine. Students are encouraged to test their knowledge by answering end-of-chapter questions and to widen their research by referring to the resources suggested in the further reading lists accompanying each chapter. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The Online Resources include the following materials for students: * Web links to useful sites containing further information on chapter-specific topics * Self-test multiple-choice questions with instant feedback * Guidance on how to answer end of chapter questions * Updates on legal developments in land law