Property Law and Social Morality develops a theory of property that highlights the social construction of obligations that individuals owe each other. By viewing property law through the lens of obligations rather than through the lens of rights, the author affirms the existence of important property rights (when no obligation to another exists) and defines the scope of those rights (when an obligation to another does exist). By describing the scope of the decisions that individuals are permitted to make and the requirements of other-regarding decisions, the author develops a single theory to explain the dynamics of private and common property, including exclusion, nuisance, shared decision making, and decision making over time. The development of social recognition norms adds to our understanding of property evolution, and the principle of equal freedom underlying social recognition that limit government interference with property rights.

In Land Use Law and Disability, Robin Paul Malloy argues that our communities need better planning to be safely and easily navigated by people with mobility impairment and to facilitate intergenerational aging in place. To achieve this, communities will need to think of mobility impairment and inclusive design as land use and planning issues, in addition to understanding them as matters of civil and constitutional rights. Although much has been written about the rights of people with disabilities, little has been said about the interplay between disability and land use regulation. This book undertakes to explain mobility impairment, as one type of disability, in terms of planning and zoning. The goal is to advance our understanding of disability in terms of planning and zoning to facilitate cooperative engagement between disability rights advocates and land use professionals. This in turn should lead to improved community planning for accessibility and aging in place.

Since the collapse of the housing market in 2008, demand for housing has consistently outpaced supply in many US communities. The failure to construct sufficient housing - especially affordable housing - in desirable communities and neighborhoods comes with significant social, economic, and environmental costs. This book examines how local participatory land use institutions amplify the power of entrenched interests and privileged homeowners. The book draws on sweeping data to examine the dominance of land use politics by 'neighborhood defenders' - individuals who oppose new housing projects far more strongly than their broader communities and who are likely to be privileged on a variety of dimensions. Neighborhood defenders participate disproportionately and take advantage of land use regulations to restrict the construction of multifamily housing. The result is diminished housing stock and higher housing costs, with participatory institutions perversely reproducing inequality.

A helpful and practical tool for leaders of residential cooperatives in Florida. It is the only complete guide to their operations and management, and it gives special attention to the unique components of mobile home cooperatives.

Concise, in-depth coverage of the complex issues of easements and their reversion

The definition, use, defense, and retirement of easements are areas of active work for land surveyors, lawyers, and the holders and buyers of easements, such as utility companies and highway departments. "Easements Relating to Land Surveying and Title Examination "is the most up-to-date reference that succinctly and incisively covers easements and reversions, written for land surveyors and title examiners.

This comprehensive guide covers the various forms of easements, their creation, reversion, and termination. Its numerous case studies offer examples of situations in which easements resulted in litigation and reveal how these cases were decided by the courts. The book also includes coverage of undescribed easements and guidance on how to properly write new easement descriptions.

This useful, practical handbook: Defines easements and easement terminologyCovers both right-of-way and right-of-way line easementsExplains the creation of easements by express grant, reservation or exception, agreement or covenant, implication, estoppel, custom, and moreExplores all types of easement termination, including expiration, release, merger of title, abandonment, prescription or adverse possession, and many othersProvides thorough descriptions of problem easements, from undescribed and blanket easements to hidden and rolling easementsOffers extensive coverage of reversion of easements, including highway-related reversions and rules for locating and defining reversionsPresents detailed information for land surveyors and title examiners on how to handle these easement issues

This is the first comprehensive comparative treatment of condominium (apartment ownership, commonhold, horizontal property) law in 21 European jurisdictions. This book explores the genesis of condominium law in Europe and in each of the jurisdictions represented and the use made of the condominium format to structure residential, commercial, industrial and tourist condominiums. It examines the establishment of condominiums, basic condominium concepts and the role by-laws play in establishing harmony in a condominium. Included are ten case studies, which illustrate a variety of factual scenarios and focus on providing legal solutions to practical cases. The scenarios include, amongst others, the legal consequences of a sale of apartments from building plans; restrictions on the sale and letting of apartments; the keeping of pets and the conduct of a profession (such as a medical practice) in an apartment; the sanctions against defaulters of contributions; and the requirements for undertaking maintenance and improvements.

The 1805 New York foxhunting case Pierson v. Post has long been used in American property law classrooms to introduce law students to the concept of first possession by asking how one establishes possession of a wild animal. In this book, Angela Fernandez retells the history of the famous fox case, from its origins as a squabble between two wealthy young men on the South Fork of Long Island through its appeal to the New York Supreme Court and entry into legal treatises, law school casebooks, and law journal articles, where it still occupies a central place. Fernandez argues that the dissent is best understood as an example of legal solemn foolery. Yet it has been treated by legal professionals, the lawyers of its day, and subsequent legal academics in such a serious way, demonstrating how the solemn and the silly can occupy two sides of the same coin in American legal history.

Dieses Buch beschreibt und erklart erstmals und komplex die Staatsschuldenkrise der Europaischen Wahrungsunion. Es werden die Verursachung im Vorfeld der Grundung und die vor allem makrookonomische Entwicklung der Euro Krise in ihrer inneren Logik analysiert. Auf dieser Grundlage erfolgt die Darstellung der unterschiedlichen Instrumente der EU zur Stabilisierung sowie die Ableitung der notwendigen wirtschafts-, finanz- und geldpolitischen Schritte zur Erhaltung der Europaischen Wahrungsunion."

Economic development and mass urbanization have unleashed unprecedented levels of land disputes in East Asia. In China and Vietnam especially, courts and other legal institutions struggle to find lasting solutions. It is against this background of legal failure that this book brings together leading scholars to understand how state agencies, land users and land developers imaginatively engage with each other to resolve disputes. Drawing on empirically rich case studies, contributors explore the limits of law and legal institutions in resolving land disputes and reveal insights into how key actors in East Asia understand land disputes. Their studies reveal promising dispute resolution practices and point to the likely ways that states will deal with land disputes in the future.

The Construction of Property identifies the structural and institutional foundations of property, and explains how these features can accommodate various normative agendas. Offering rich and cutting-edge analysis, the book studies the spectrum of property regimes including private, common and public property as well as innovative forms of property hybrids such as US-style residential community associations, the British Private Finance Initiative, the Israeli Renewing Kibbutz, community land trusts and grassroots phenomena of property ordering in publicly-owned open spaces. It also investigates the protagonists of property beyond the individual and the state, identifying the key role that community organisations and business corporations play for both the private and public aspects of property. The book then addresses property's greatest challenge: the move from a largely domestic legal construct into one that accommodates the increasing social and economic forces of globalisation.

This book explores urban informality in Asian cities and looks how the informal sector's contribution to inclusive and sustainable growth can be enhanced. While supporting the livelihoods of most of the developing world's urban poor, the informal sector also deprives them of basic services and social protection. Rendered vulnerable to socioeconomic threats, people in the urban informal sector have suffered disproportionately during the COVID-19 pandemic and face a highly uncertain future. The book explores informality's forms and constraints in Asian cities. It describes the pandemic's effects on the informal sector and how leveraging informal services can enable urban resilience. Drawing on interdisciplinary research, the book illustrates the transformative potential of urban planning and governance that addresses informality. It also details measures that could boost the informal sector's inclusive and sustainable growth potential.

Mit wachsender Bedeutung der Finanzmarkte hat sich auch das Konzept der wertorientierten Unternehmensfuhrung immer starker im Bereich der Realwirtschaft ausgebreitet. Die starke Stellung der Eigenkapitalgeber mit ihren Renditeanspruchen hat insbesondere den international agierenden Unternehmen verscharfte Wettbewerbsbedingungen aufgedrangt. Dies hat sich in den letzten beiden Jahrzehnten auch in der Suche nach attraktiven Steuerstandardorten und im Aufbau globaler Unternehmensnetzwerke niedergeschlagen. Das Konzept der wertorientierten Steuerplanung wird als wirtschaftlicher Handlungsrahmen dargestellt, in dem sich steuerliche Gestaltungen global entfalten. Kritisch hinterfragt werden die These effizienter Markte und das kurzfristig orientierte Wertmanagement in der Variante des Shareholder Value Ansatzes."

Nothing is more important in English land law than 'possession'. It is the foundation of all title, rights and remedies. But what exactly is it, and why does it still matter? This book, first published in 2006, is about the meaning, significance and practical effect of the concept of possession in contemporary land law. It explains the different meanings of possession, the relationship between possession and title, and the ways in which the common law and equity do, and do not, protect possession. The rights and remedies of freeholders, tenants and mortgage lenders, between themselves and against third parties, are all to some extent dependent on questions of status and possession. This book shows how. It is designed to provide an understanding of the basic principles for the student, and answers to difficult, real problems for the practitioner.

This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.

An innovative and timely guide to housing law that integrates the disciplines of law and public policy so that readers see how the subject fits together - both the letter of the law and the way it is practised. The innovative three-part structure covers all the topics of a typical Housing Law module and it is written in a clear and conversational style, with a wide range of source material to show how the law is created, interpreted and used in real life. Students are expertly guided through the complexities of housing law by a leading academic who has taught the subject for more than 20 years. Where relevant, chapters end with a section on 'the future' that discusses proposed changes to the law and the impact of those changes. It also discusses the conceptual issues raised by the Human Rights Act.

This book is the first full account in more than 20 years of two significant, but relatively understudied, laws passed during the Civil War. The Confiscation Acts (1861-62) were designed to sanction slave holding states by authorizing the Federal Government to seize rebel properties (including land and other assets held in Northern and border states) and grant freedom to slaves who fought with or worked for the Confederate military. Abraham Lincoln objected to the Acts for fear they might push border states, particularly Missouri and Kentucky, into secession. The Acts were eventually rendered moot by the Emancipation Proclamation and the 13th Amendment. John Syrett examines the political contexts of the Acts, especially the debates in Congress, and demonstrates how the failure of the confiscation acts during the war presaged the political and structural shortcomings of Reconstruction after the war.

Das Bauvertragsrecht definiert die Rechte und Pflichten des Bauherrn, der Bauaufsicht und der den Bau ausfuhrenden Unternehmen. Das Buch stellt diese komplexe Spezialmaterie sowohl fur den BGB- als auch fur den VOB-Bauvertrag kompakt und dennoch leicht verstandlich mit einer Vielzahl von relevanten Fallen aus der Praxis dar."

Im Jahr 1516 erschien das "Goldene Buch" von Thomas Morus: "Utopia". Er ging in die Geschichte als Vater der Gesellschaftsutopie ein. Der Band geht den Ursprungen von Utopia nach, diskutiert die Aktualitat von Utopien und gibt einen Ausblick: Klimatopia. Das Buch ruckt die raumliche Dimension der Utopie in den Mittelpunkt und zeigt, dass Morus' "Utopia" auch nach 500 Jahren in Zukunftsdebatten ausstrahlt. Dies erfolgt durch eine Auseinandersetzung mit dem "Utopie"-Begriff aus raumplanerischer Perspektive, die Analyse der Versuche, Utopien baulich umzusetzen und die Kritik am - oft missbrauchten - Utopie-Begriff. Mit dem Buch wird ein Beitrag zur Diskussion um die Richtungsorientierung fur eine nachhaltige Entwicklung - im Zeitalter eines neuen Klimamodus der Menschheit geleistet.

Examines the financial circumstances among married couples and the rules of in-heritage between parents and children from the Middle Ages and onward through to the 20th century. This title focuses on the notions of separate estate and community of property - and particularly on the improvements in the laws of property of married women.