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.

Cases and Materials on the Law of Restitution is an authoritative and scholarly guide written by leading experts who have shaped and defined the law of restitution and unjust enrichment. Extensive coverage of cases and academic perspectives provides a rounded view of the subject. Introductions, notes, and questions enable readers to check their understanding of key issues. The second edition of this seminal title covers many important new cases and academic publications, including Birk's 'absence of basis' approach. The coverage reflects the continuing debates on questions such as: BL what is an enrichment? BL was the enrichment at the claimant's expense? BL what is the role of tracing? BL when will proprietary restitution be granted? BL when does change of position operate as a defence? BL and does corrective justice underpin this area of the law? The book's structure has been updated to reflect the judicial development of the law of restitution, providing a map through this complex subject. This book is invaluable for undergraduate, postgraduate, and doctoral students, as well as academics working in the area.

Dieser Sammelband enthalt die schriftlich ausgearbeiteten Vortrage der am 14. und 15. Marz 2016 an der Technischen Universitat Berlin unter der Themenstellung "Fach- und Rechtsfragen des Verfahrens und der Sicherung von Bauleitplanen" stattgefundenen wissenschaftlichen Fachtagung. Im Zentrum der Darlegungen stehen die bundes- und landesrechtlichen Anforderungen an die Aufstellung, AEnderung, Erganzung und Aufhebung von Bauleitplanen unter Berucksichtigung der unterschiedlichen Verfahrensarten und einschliesslich der Moeglichkeiten, Verfahrensfehler nach den Massgaben des Planerhaltungsrechts zu heilen. Ebenso werden die verfahrensrechtlichen Anforderungen an die Veranderungssperre, an die Zuruckstellung von Bauantragen sowie der Umgang mit UVP-Fehlern in den Blick genommen.

Dieser Sammelband enthalt die schriftlich ausgearbeiteten Vortrage der am 19. und 20. September 2016 an der Technischen Universitat Berlin unter der Themenstellung "Schnittfelder von Bauleitplanung und raumbezogenen Fachplanungen - Fach- und Rechtsfragen in der Planungspraxis" stattgefundenen wissenschaftlichen Fachtagung. Im Mittelpunkt der Ausfuhrungen stehen aktuelle Fragestellungen zu einzelnen bedeutsamen Schnittfeldern beider Rechtsbereiche wie planfeststellungsersetzenden Bebauungsplanen, Anforderungen an die Eingriffsbewaltigung, Abschichtung von Raumordnung und Bauleitplanung, die Bedeutung von Fachkonventionen und Arbeitshilfen, das Verhaltnis zu privilegierten Fachplanungen, Anpassungspflichten an den Flachennutzungsplan oder auch zu Fragen des Rechtsschutzes gegen Ziele der Raumordnung.

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

The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law and provides 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 promotes clarity and ease of understanding. This second edition of A Practical Approach to Local Government Law provides comprehensive coverage of the rull range of law and legislation relating to local government and local authorities. Since the first edition published in 1997, there have been significant legislative changes in the field of local government, including the enactment of the Local Government Act 2003 and the new Capital Finance Rules brought into force in April 2004. This new edition takes these changes fully into account, and covers the increasingly key areas of; partnerships and joint ventures; procurement; freedom of information; wellbeing; best value; and human rights. Very much a practical guide, A Practical Approach to Local Government Law 2/e makes extensive use of examples, checklists, and key documents, to assist the busy practitioner in quickly locating the material they need, whilst also providing valuable context for the student coming to this complex subject for the first time.

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.

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.

This book considers the impact of insolvency and the claims of creditors on the family. The conflict between the interests of creditors and the interests of the family is not easy to resolve particularly in the context of a marriage breakdown, bankruptcy, or where claims concern the possession of the family home. This is therefore an area of considerable practical importance and one that raises key issues of principle. The book provides commentary on the existing regime (covering both contentious and non-contentious matters), and also highlights new questions and problems not previously considered in any depth, including the enforceability of mortgages of the family home against surety spouses, and the impact on family members of application of orders for sale. It acts as a guide for family and insolvency practitioners who already have an understanding of basic procedures but need advice on the complexities when these two areas come into conflict. The book first examines the claims of creditors in this context with special emphasis on the position of secured creditors. It considers the circumstances in which a mortgage may not be binding on a spouse or cohabitant, the enforcement of mortgages, and the position of creditors and trustees in bankruptcy seeking an order for sale of the family home. Bankruptcy and other methods of dealing with insolvency are examined in the light of the Enterprise Act 2002. It addresses the practical implications of recent legislation and decisions on such matters as pensions, and examines the application of established principles such as equitable accounting. Also included are extracts from relevant statutes and the Insolvency Rules.

The new edition of Riddall: Land Law takes into account new case law that has helped to clarify matters as disparate as: fixtures, the discharge of water on to a neighbor's land, severance by notice, the division of property between co-owners, the nature of licences, the nature of the interest held by a tolerated trespasser, the surrender of leases, and various others. But it is in legislation that the most significant changes have been seen. These are fully covered in this new edition, with particular attention paid to the Land Registration Act 2002 and the Commonhold and Leasehold Reform Act 2002.

This book offers practical guidance to lawyers and other professionals advising clients on property transactions and related matters in France including: buying, selling, and mortgaging land; the ownership of flats and leases; and the establishment of companies to own land. It covers all aspects of French inheritance law and provides lawyers qualified outside of France with practical advice on the administration of estates. A glossary and relevant legal precedents are also included.

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

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.

This textbook on conveyancing combines the theory and the practice of conveyancing law and covers both freehold and leasehold conveyancing. The new edition has been thoroughly revised and updated in the light of legislative developments since the publication of the fourth edition. It is designed to meet the needs of trainee solicitors, solicitors, trainee and licensed conveyancers and students taking the Legal Practice Course.

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.

This text contains an introduction to the provisions of the Human Rights Act 1998 and an explanation of the Convention jurisprudence. It provides a detailed analysis of Article 1, Protocol No.1, and Articles 6, 8 and 14, all of which are likely to have an impact on English property law. The relevant case law of the Strasbourg institutions (the European Court of Human Rights and the Commission) is considered in depth and case summaries of the most important property-related cases are provided in an appendix. The book considers the impact of the Human Rights Act on specific aspects of English property law and considers how some areas appear vulnerable to challenge under the Act.;The book should be of use to both practitioners and academics by providing a comprehensive and easy-to-read guide to the impact of the Human Rights Act on property law.

Of importance for both philosophers and legal theorists interested in the nature of property, this book vindicates the commonsense idea that the right to property is a right to things. Distinguishing between the `practice' of property and the `practice' of contract is essential for a proper understanding, but the failure to do so is common. As the author shows, it mars both Locke's and Hegel's philosophies of property, and continues to contribute to confusion. It also obscures the central element of sharing and giving in the ownership of property, the important of which has been generally neglected. Perhaps most controversially, the author argues that the justification of the right to property is not dependent on the justice of the reigning distribution of property-that is a question which concerns the justice of the economy-gift, command, market, or mixed-that distributes all values, not just rights in property. The important `distributional' question about property is this: to what values does the property practice apply? Why does it apply to castles and cars, books and bank balances, but not to our body parts and our labour, nor to our employment contracts and our sexuality? In answer the author develops a distinction between persons and our personality-rich relationships which cannot be objects of property, and `things', both land and objects and personality-poor relationships like debts, which can.

This book provides a uniquely detailed examination of the statutory regime for the regulation of business tenancies. Part II of the Landlord and Tenant Act 1954 is of central importance. The Act gives business tenants the general rights to remain in occupation, following up from the original lease, and to obtain a new lease. Meanwhile the landlord is entitled to a market rental income and, in certain prescribed circumstances, can override the tenant's claim for possession. The tenant who fails to obtain a new tenancy may be able to claim compensation for disturbance. Compensation for improvements, on quitting the premises, is available under Part I of the Landlord and Tenant Act 1927. The book aims to provide a clear and in-depth analysis of the complex and technical workings of the 1927 and 1954 acts. It also offers a detailed and up-to-date consideration of case law, both reported and unreported. The policy factors which initially brought about the legislative controls, and continued to shape its development, are identified and prospective reforms discussed. The new Civil Procedure Rules are incorporated into the text. A comparison is drawn with the legislative code contained in the Northern Ireland (Business Tenancies) Order 1996.

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.

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.

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."