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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Property, real estate, land & tenancy law
This book is a collection of essays honouring and engaging with the work of the late Professor Patrick McAuslan. It is a collection that narrates, analyses and critiques McAuslan's contributions, as well as offering substantive perspectives on how his work has impacted the legal fields in which he was involved: including those of land law, urban planning law and policy, land use and participation in developing countries, democratic constitutionalism, and legal education. The essays present McAuslan's contributions in the contexts in which they emerged, and according to both the circumstances and motivations that shaped them, as well as the challenges they encountered. It thus provides an ideal point of engagement for scholars, students and policy makers that have already interacted with McAuslan's ideas and work, or who have yet to do so.
The Definitive Guide to Valuing Hard-to-Value Companies: Fully Revised for Today's Financial Markets Valuing money-making companies that have long histories and established business models is straightforward. It is when you encounter difficult-to-value companies that you feel the urge to go over to the dark side of valuation-where you abandon first principles and create new metrics. Aswath Damodaran looks at a range of these companies, from start-ups in new businesses to distressed companies, from banks facing regulatory turmoil to commodity firms, and from emerging market upstarts to multinationals that spread across geographies and businesses. With each grouping, he helps you examine the call of the dark side and its practices and frameworks to value these firms. To answer these questions, Aswath looks at companies across the life cycle and in different markets, from Uber and Shake Shack at one end of the spectrum to Vale, Royal Dutch, and United Technologies at the other end. In the process, you learn how to Deal with "abnormally low" and negative risk-free rates in valuation Adapt to dynamic and changing risk premiums Value young companies that are disrupting existing businesses Analyze commodity and cyclical companies across cycles Value a company as the sum of its parts or as an aggregation of its users/subscribers and customers Determine the difference between pricing and valuation, and why some investments can only be priced
Since the 1980s the "institutional" lease has undergone a dramatic transformation. Landlord-orientated FRI leases for a term of twenty-five years with no breaks and upwards-only rent reviews have retreated before market demands for shorter, more flexible letting arrangements and, recently, in the face of threatened legislation. Nevertheless, valuers and lawyers will have to understand and deal with the 1980s leases until well into the second decade of the twnety-first century.The book sets out to explain the main changes that have occurred since the early 1990s (such as the rules relating to privity of contract). It also provides guidance on the factors driving further change, including the Code of Practice for Commercial Leases and the proposed new accounting standards.
Quotas have been used in international environmental agreements for at least a century and, in tandem with incentive approaches, should continue to be crucial to realizing a sustainable environment. This text is a critical examination of quotas both as regulatory tools and as products of negotiation. It reviews the main features of environmental problems, the regulatory options and criteria used to judge them, and the various ways of explaining negotiated outcomes. Quotas in the management of fisheries, other resources, freshwater and marine pollution, and air pollution are also described. Selected examples are considered in detail to provide an understanding of how quotas were developed in scientific, political, economic and social context. An assessment of the key features of quotas in practice leads to the identification of an emerging approach, the negotiation of constrained local quotas. The approach is a practical way to balance efficiency and fairness in complex negotiations, without sacrificing environmental effectiveness.
This text provides an analysis of the EPA enforcement of the Clean Water Act and its amendments. The book uses extensive EPA data, including a survey of the EPA and state level environmental officials, to examine enforcement from the perspective of the enforcement personnel.
This text provides an analysis of the EPA enforcement of the Clean Water Act and its amendments. The book uses extensive EPA data, including a survey of the EPA and state level environmental officials, to examine enforcement from the perspective of the enforcement personnel.
Law and Policy in Modern Family Finance - Property Division in the 21st Century adopts a conceptual approach to address key questions about the legal division of property when a marriage, civil union, de facto relationship, or other close personal relationship ends. These questions include: which relationships should be subject to a statutory regime; which property should be shared; whether property held on trust should be included; how property should be shared; how economic disparity caused by the division of functions within the relationship should be addressed, if at all; whether, and if so to what extent, the interests of children of the relationship should be considered; whether parties should be allowed to contract out of a statutory regime and, if so, whether such contracts should be binding; and whether death should be treated in the same way as relationship break-down.The authors use New Zealand's current legislative framework as a basis for critical analysis and reflection. Despite New Zealand's Property (Relationships) Act 1976 being hailed as socially progressive legislation when it was enacted, there is concern in New Zealand that its property sharing regime no longer meets society's needs and expectations. However, issues of fairness, equality, and modern complexities in the division of relationship property are not unique to New Zealand. Other jurisdictions are facing similar problems, including Australia, England and some continental European countries.The inclusion of internationally recognised relationship property experts from England, Australia and Germany ensures the utility of the book for international audiences, making it of interest to law reformers, academics, the judiciary, the legal profession, and law students everywhere in the world.
Quotas have been used in international environmental agreements for at least a century and, in tandem with incentive approaches, should continue to be crucial to realizing a sustainable environment. This text is a critical examination of quotas both as regulatory tools and as products of negotiation. It reviews the main features of environmental problems, the regulatory options and criteria used to judge them, and the various ways of explaining negotiated outcomes. Quotas in the management of fisheries, other resources, freshwater and marine pollution, and air pollution are also described. Selected examples are considered in detail to provide an understanding of how quotas were developed in scientific, political, economic and social context. An assessment of the key features of quotas in practice leads to the identification of an emerging approach, the negotiation of constrained local quotas. The approach is a practical way to balance efficiency and fairness in complex negotiations, without sacrificing environmental effectiveness.
In Defense of Property focuses on the importance of private property and its protection throughout history. Emphasizing the connection between property and propriety, Gottfried Dietze shows how the universal appreciation of property functions as an ethical institution, securing happiness under law and order. Dietze examines property rights within the general, civil rights complex and concludes that property rights, as the oldest officially recognized human right, must be considered on par with rights that came later. Following comments on the strong position of property rights in antiquity and the Enlightenment, In Defense of Property concentrates on developments in France, Germany, and the United States since the eighteenth century. Dietze describes the high degree of protection given to private property during the nineteenth century and the decline of that protection later. Dietze points out the risks of the decline of property rights and suggests ways to stop it. Originally published in 1963 by Henry Regnery Co.
This book discusses the opportunities and challenges facing legal education in the era of globalization. It identifies the knowledge and skills that law students will require in order to prepare for the practice of tomorrow, and explores pedagogical shifts legal education needs to make inside and outside of the classroom. With contributions from leading experts on legal education from various jurisdictions across the globe, the work combines theoretical depth with practical insights. Seeking to understand the changing landscape of legal education in the era of globalization, the contributions find that law schools can, and must, adopt educational strategies that at least present students with different understandings of what studying and practicing law is meant to be about. They find that law schools need to offer their students choices, a vision of practice that is not driven entirely by the demands of the marketplace or the needs of major international law firms. Bridging the gap between theory and practice, this book makes a significant contribution to the impact of globalization on legal education, and how students and law schools need to adapt for the future. It will be of great interest to academics and students of comparative legal studies and legal education, as well as policy-makers and practitioners.
Asbestos for Surveyors is a practical reference guide for all those responsible for identifying and dealing with asbestos in buildings. The book is based upon the Control of Asbestos at Work Act 2002 and is intended to be a guide to the technical aspects of asbestos and why it was originally used. It illustrates where it may be found in buildings, what type of survey is required and how to undertake it. The information that the dutyholder needs from the surveyor to compile an adequate management plan is also detailed. This edition has been fully revised to take account of the Control of Asbestos Regulations 2006 (SI 2006/2739), which came into force in November 2006. The regulations, which replaced three existing sets of asbestos regulations with a single set of rules, reduce exposure limits and introduce mandatory training for those working with asbestos.
This book provides information for professional practioners in the construction industry, their clients and suppliers. It is directed in particular at the changes taking place within the EC to bring about a Single Market. The text explains, with critical comment, what is happening as national standards like the British Standards are replaced by European Standards and British Agreement by European Technical Approvals, and describes how a common framework is being built through the specification of essential requirements and their Interpretative Documents. It enlarges on the consequent impact, directly and through the growing volume of community legislation, on professional practice and education during the 1990s, on the construction and construction materials industries, and on public authorities and other client undertakings of such Directives as the Public Procurement and Health and Safety Directives. The text describes the present arrangements for national standards making, and the issue of technical approvals and certification of construction products, their status within national legislation and likely changes as community legislation reinforces or replaces this legislation. It
First published in 2005. Routledge is an imprint of Taylor and Francis, an informa company.
Amid all the laws and regulations on environmental protection and
worker safety, what is the responsible business or landowner to do?
What should the responsible consultant advise? Environmental Law
and Enforcement provides you with a practical guide that takes the
mystery out of environmental law and related land use
controls.
This book conducts a detailed examination of the current form of the Hong Kong residential property regulatory system: the 2013 Residential Properties (Firsthand Sales) Ordinance (Cap 621). The author sheds light on how the new legislation promotes a number of values including information symmetry, consumer protection, the free market and business efficacy. It provides a detailed account of how the regulatory mechanism has evolved over the past three decades to catch unconsscionable sales tactics (such as selective information and/or misrepresentation of location, size, completion date and past transactions) and monitor sales practices in order to protect the interests of stakeholders in this ever-changing first-hand residential property market. This book breaks down this complicated subject matter by focusing a number of chapters each on a specific attribute of the residential property on sale. It then examines the various channels through which the information is communicated to the prospective buyer and discusses misrepresentation of the key information in sales of residential properties as criminal liability.The tension between consumer's rights on one hand and the pursuit of free market principles on the other is but one example of the conflicting values thoroughly discussed in the book, others include superstition vs. modernization and clarity vs. flexibility. Aimed at those with an interest in consumer protection and transparency-orientated legislation in commercialized real estate transactions, this book seeks to provide an in-depth discussion of the latest trends and directions of travel.
Routledge QandAs give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers. These books provide you with the skills you need for your exams by: Helping you to be prepared: each title in the series has an introduction presenting carefully tailored advice on how to approach assessment for your subject Showing you what examiners are looking for: each question is annotated with both a short overview on how to approach your answer, as well as footnoted commentary that demonstrate how model answers meet marking criteria Offering pointers on how to gain marks, as well as what common errors could lose them:Aim Higher andCommon Pitfalls offer crucial guidance throughout Helping you to understand and remember the law: diagrams for each answer work to illuminate difficult legal principles and provide overviews of how model answers are structured Books in the series are also supported by a Companion Website that offers online essay-writing tutorials, podcasts, bonus QandAs and multiple-choice questions to help you focus your revision more effectively.
Routledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn't you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come up in exams Diagrams and flowcharts clarify and condense complex and important topics '...an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic.' - Lex Magazine Routledge Lawcards are supported by a Companion Website offering: Flashcard glossaries allowing you to test your understanding of key terms and definitions Multiple Choice Questions to test and consolidate your revision of each chapter Advice and tips to help you better plan your revision and prepare for your exams Titles in the Series: Commercial Law; Company Law; Constitutional Law; Contract Law; Criminal Law; Employment Law; English Legal System; European Union
Problem-Based Learning is a way of learning that presents a practical problem scenario in the context of which learning is conducted. Normally students are taught law through the transmission of information about legal principles and not presented with problems until they have accumulated enough information to solve them. In PBL, discussion and analysis of the problem starts the process of learning, rather than acting as an end point. As a curriculum concept, it is becoming increasingly common in law schools as the use of problem scenarios helps to trigger awareness of legal issues and to engage interest by highlighting the real-world ramifications. This new textbook creates a fresh approach to learning land law through the use of scenarios found in real-life which bring what is often perceived to be a dry and difficult subject to life. This helps both to engage the student and make the subject more accessible as well as demonstrating to students how land law actually operates in the real world. Land Law is often seen as an esoteric subject with lots of technicalities and complex vocabulary and students often forget the context in which it operates. With Land Law: A Problem-Based Approach, context is placed at the heart of learning. Students are learning through application rather than via an abstract set of rules and can therefore gain a deeper understanding of how land law works, not just what it is. Unlike other textbooks, Land Law: A Problem-Based Approach integrates a thorough exposition of the law with practice, facilitating a more active learning approach and helping students to engage directly with the key cases and statutes to develop key skills of analysis, problem-solving and application. Written in a clear and concise style but without sacrificing detail or analysis, the book guides the reader towards a deeper understanding of the land law curriculum. Key features include: * An introductory chapter outlining the problem-based learning approach and how to use the book. * Content overviews at the start of each chapter which provide a useful outline of the chapter's content and the key principles * PBL scenarios at the start of each chapter which provide the real-life context to each topic and help to familiarise readers with the legal language and style they will encounter. Together with the relevant supporting documents, these scenarios are referenced and integrated throughout the chapter * 'let's put this into context' boxes which require students to apply the law that they have learnt back to the problem scenario and offer opportunities to reflect and consolidate on the content covered * Essential Cases and Essential Statutes boxes reinforce the essential role of cases and legislation in the development and application of land law and help students identify key cases and legislation for revision purposes * Understanding Terminology boxes and an online glossary help students to get to grips with the technical terms and vocabulary unique to land law * Tables and diagrams explain difficult concepts and rules, ideal for visual learners * Tips and notes highlight key issues and make links between different aspects of the law without interrupting the flow of the text. * Specimen exam-style questions are ideal for revision and help to provide opportunities to apply learning and practice exam technique
Vacant possession is an element of property law that ensures a property is left in good condition when it changes hands. Every time a property is sold, or if tenants move out of rented property, vacant possession is unavoidable; a vital part of the job of any property lawyer or surveyor. Yet this is the first book to look at this area in depth. If a property professional understands vacant possession they can make sure their cases move quickly and complete at a time that suits them. If they do not, they are vulnerable to others who know it better and can use the law to frustrate proceedings for months or even years while their clients continue to pay money on rent or mortgage payments for properties they're not using. This book is essential reading for all property lawyers and surveyors. It is destined to be the definitive guide to vacant possession.
Inspecting and Diagnosing Disrepair provides housing officers, surveyors, landlords, tenants, lawyers and environmental health inspectors with the essential information they need to record, diagnose and remedy disrepair. Pat Reddin presents technical information methodically, including useful diagrams to help readers to develop an understanding of building materials and structures and to advise and take action on disrepair. The book is fully up to date with the latest legislation and is essential reading for environmental health professionals, surveyors and students alike.
The Rating and Council Tax Pocket Book is a concise, practical guide to the legal and practical issues surrounding non-domestic rates and council tax. An essential tool for busy tax collection practitioners in local authorities and private practice, it will also be suitable for a range of non-specialist property professionals who may have to deal with rates and council tax matters as part of their practice. This handy pocket guide is accessible to specialist and non-specialist alike, covering everything from key concepts through to liability, exemptions, procedure and completion notices. The book encompasses both English and Welsh law, and includes all the relevant statutory provisions. With detailed discussion of key cases, this is a book that no one with an interest in rating and council tax should be without.
Enforcing Covenants focuses on the measures which managers of residential leasehold property can deploy to encourage leaseholders and other parties to abide by their contractual obligations with a view to achieving the most effective management of their estates and developments. In particular, the book concentrates on the changes to the law introduced by the Commonhold and Leasehold Reform Act 2002. Enforcing obligations in leases has never been easy, and the 2002 Act has made it even more onerous for the hard pressed property manager. Very few will be able to avoid having to take enforcement action, especially when bringing in the funds to make management feasible. Subjects examined in this book include: the new rules on forfeiture the new rules on ground rents service charge recovery enforcing county court judgments the new procedures and jurisdictions of the Leasehold Valuation Tribunals enforcing repairs neighbour disputes and nuisance cases injunctions and specific performance costs and administration charges alternative dispute resolution. Enforcing Covenants is essential reading for anyone involved in the management of property, whether they be professionals or lay directors of residents management companies. As well as examining the relevant law and decisions of the Leasehold Valuation Tribunals, the book provides much practical guidance on rules and procedures, illustrated by precedent forms and notices and backed up by some light-hearted case studies.
First Published in 2001. Routledge is an imprint of Taylor and Francis, an informa company.
In eighteenth-century England, the law surrounding vagrancy was complicated, and practice stood in complex relationship to law. Drawing on extensive archival research and in-depth study of both statute law and local administrative records, this book examines the complexities of vagrancy law and the realities of its practice during the long eighteenth century. It shows how settlement law and poor law provision failed to address both the changing demographic situation and the impact of wars, leaving significant numbers without support. Focusing on the 1744 Vagrant Act, the study traces how and why the law evolved, from 1700 when vagrancy was first made a county charge, and what changes followed in the late eighteenth and early nineteenth centuries. It explores how vagrancy law was used and to what effect, how it was extended and adapted to plug gaps in both poor law provision and in dealing with petty crime not covered by statute law, and how law and practice intersected with social reality. Using the Quarter Sessions records of six counties: Westmorland, Cambridgeshire, Dorset, Hampshire, Lancashire and Middlesex, the book is able to give the first account of vagrancy law in provincial England, rather than focusing on metropolitan areas, thus also demonstrating the tensions between parishes, justices and counties over the use of law and its financial impact. By detailed reference to cases of individual vagrants, the book also shows what sorts of people were dealt with under vagrancy law, what happened to them, and how and why the justices discriminated between the unfortunate and the criminal elements among them. This analysis reveals the principal causes of the vagrancy problems and the misfit between the law and social reality, with particular emphasis on the impact of wars and immigration from Ireland and Scotland. As the first full-length study of vagrancy law and practice in the eighteenth century, this book will constitute an essential item in any collection of books on the old poor law.
This book contains a collection of peer-reviewed papers presented at the Tenth Biennial Modern Studies in Property Law Conference held at the University of Liverpool in April 2014. It is the eighth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Incorporating a keynote address by Sir John Mummery, retired Lord Justice of Appeal, on 'Property in the Information Age', a number of chapters consider the contribution of property law to issues central to the human condition; the home, health and death. Other papers illustrate an enduring need to question and explore fundamental concepts of the subject as well as to consider the challenges of reforming the law. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world. |
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