Now in its seventh edition, and 31st year, Real Estate Management Law has been revitalized to maintain its position as the leading textbook for students of real estate management, and related subjects.
Written with these courses firmly in mind, and featuring up-to-date case law and coverage of new legislation, this new edition also features increased coverage of both land law and landlord and tenant law, as well as a fully updated section on planning law. The introduction of chapter overviews, key points, and self-test and scenario questions throughout the text, makes this book more readable and all-inclusive than ever before.

The Great Demarcation explores how the French Revolution transformed the system of property-holding that had existed in France before 1789, thus creating the framework for modern definitions of property and political forms. This book examines the Revolution not from an economic or social perspective, but through the lens of the laws and institutions of property. The Revolution's dramatic legal restructuring aimed at two fundamental goals: removing formal public power from the sphere of private property, and excising property rights from the realm of the new sovereign, the nation. The revolutionaries accomplished these two aims by abolishing privately-owned forms of public power-such as jurisdictional lordship and venal public office-and by dismantling the Crown domain to construct a purely sovereign State. These efforts brought about a Great Demarcation: a radical distinction between property and power from which flowed critical distinctions between the political and the social, state and society, sovereignty and ownership, the public and private. These distinctions destroyed the conceptual basis of the Old Regime, laid the foundation of France's new constitutional order, and crystallized modern ways of thinking about polities and societies. This, Blaufarb claims, was the Revolution's fundamental act, the stake in the Old Regime's heart, and the basis of all of its other reforms. Tracing how the French Revolution sought to remake the country's legal and institutional reality, The Great Demarcation shows how the revolutionary transformation of Old Regime property helped to inaugurate political modernity.

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 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."

How the medieval right to appoint a parson helped give birth to English common law Appointing a parson to the local church following a vacancy-an "advowson"-was one of the most important rights in medieval England. The king, the monasteries, and local landowners all wanted to control advowsons because they meant political, social, and economic influence. The question of law turned on who had the superior legal claim to the vacancy-which was a type of property-at the time the position needed to be filled. In tracing how these conflicts were resolved, Joshua C. Tate takes a sharply different view from that of historians who focus only on questions of land ownership, and he shows that the English needed new legal contours to address the questions of ownership and possession that arose from these disputes. Tate argues that the innovations made necessary by advowson law helped give birth to modern common law and common law courts.

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.

The law of energy and natural resources has always had a strong focus on property as one of its components, but there are relatively few comparative, book-length, treatments of both property law and energy and natural resources law. The aim of this edited collection is to explore the multiple dimensions of the contemporary relationship between property and energy and natural resources law. Its genesis was the growing resurgence of global interest in questions of property in energy and resources and how it manifests itself across legal regimes around the world.
With an international and comparative character, the collection seeks to capture differences in the meaning of property, and the different views about the role it should play in a diverse range of contexts: civil law and common law; the law of indigenous communities; public law and private law; and national and international law. Key issues discussed include private rights and common property situations, privatization and regulation, competition for land use and resources, the role of property rights in environmental protection, and the balance between national sovereignty and the security of foreign investment.
The collection thus has relevance for a wide readership interested in the legal dimensions of property as an increasingly important aspect of the law for energy and resources across diverse countries, and at the international level. The contributors are established experts in the energy and natural resources law field, and the collection builds upon a body of previous collaborative work in this area.

Property and Community fills a major gap in the legal literature on property and its relationship to community. The essays included differ from past discussions, including those provided by law-and-economics, by providing richer accounts of community. By and large, prior discussions by property theorists treat communities as agglomerations of individuals and eschew substantive accounts of justice, favoring what Charles Taylor has called "procedural" conceptions. These perspectives on ownership obscure the possibility that the "community" might have a moral status that differs from neighboring owners or from non-owning individuals.
This book examines a variety of social practices that implicate community in its relationship to property. These practices range from more obvious property-based communities like Israeli kibbutzim to surprising examples such as queues. Aspects of law and community in relationship to legal and social institutions both inside and outside of the United States are discussed.
Alexander and Penalver seek to mediate the distance between abstract theory and mundane features of daily life to provide a rich, textured treatment of the relationship between law and community. Instead of defining community in abstractly theoretical terms, they approach the subject through the lens of concrete institutions and social practices. In doing so, they not only enrich our empirical understanding of the relationship between property and community but also provide important insights into the concept of community itself."

The 9th edition of Maudsley & Burn's Land Law Cases and Materials continues to provide an essential reference work for students and practitioners. It includes a wide range of extracts from cases, statutes, Law Commission reports and other literature, which highlight the key issues to understand the present law and its continuing development.

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.

Dieser Band prasentiert eine theoretische und empirische Analyse zu umweltbezogener Gerechtigkeit, aus der Anforderungen an eine zukunftsweisende Stadtplanung abgleitet werden. Die Grundlage fur die empirische Analyse zum Umgang von Haushalten mit Luft- und Larmbelastungen im Wohnumfeld bietet das MOVE-Modell, welches zwei psychologische Theorien vereint. Mit Hilfe dieses umweltpsychologischen Zugangs gelingt es, Determinanten fur umweltbezogene Verfahrensgerechtigkeit herauszuarbeiten. Hierbei wird die Situation von Menschen in belasteten Wohngebieten und von Menschen mit einem turkischen Migrationshintergrund im Besonderen betrachtet. Als Schlussfolgerung fur die Planung fordert die Autorin, die Vulnerabilitat von Bevoelkerung in der Stadtplanung systematisch zu verfolgen.

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.

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.

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.

This volume takes a fresh look at the land question in India. Instead of re-engaging in the rich transition debate in which the transformation of agriculture is seen as a necessary historical step to usher in dynamic capitalist (or socialist) development, this collection critically examines the centrality of land in contemporary development discourse in India. Consequently, the focus is on the role of the state in pushing a process of dispossession of peasants through direct expropriation for developmental purposes such as acquisition of land by (local) states for infrastructure development and to support accumulation strategies of private business through industrialization. Land in India is sought for non-agricultural purposes such as purchasing land to reduce risk and real estate development. Land is also central to tribal communities (adivasis), whose livelihoods depend on it and on a moral economy that is independent of any price-driven markets. Adivasis tend to hold on to such property, not as individual owners for profit, but for collective security and to protect a way of life. Thus land, notwithstanding its role in the accumulation process, has been, and continues to be, a turbulent arena in which classes, castes, and communities are in conflict with each other, with the state, and with capital, jockeying to determine the terms and conditions of land transactions or their prevention, through both market and non-market mechanisms. The volume goes beyond the traditional political economy of the agrarian transition question, and deals with, inter alia, distributional conflicts arising from acquisition of land by the state for capital accumulation on the one hand and its commodification on the other. It provides new analytical insights into the land acquisition processes, their legal-institutional and ethical implications, and the multifaceted regional diversity of acquisition experiences in India.

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.