A Guide to Landlord and Tenant Law provides a strong foundation in commercial landlord and tenant, and housing law. The book is designed to provide a complete course text for both undergraduate and postgraduate students from surveying and real estate management backgrounds. This clear and accessible textbook aims to introduce the reader to the fundamentals of both residential and commercial landlord and tenant law by considering the nature of the tenancy and the relationship between the parties. It examines the main elements of the commercial lease including rent, repair, alienation, termination and statutory renewal. The main types of residential tenancy are also considered including: assured and assured shorthold tenancies, secure and Rent Act tenancies and long leasehold enfranchisement. The book aims to familiarise the reader with the contractual documentation as well as the common law and statutory codes which form the basis of landlord and tenant transactions. It contains useful features such as: extracts from the Model Commercial Lease key case summaries, a glossary and chapter summaries further reading lists In addition, students on the Legal Practice Course and Bar Professional Training Course will find this to be a useful supplementary resource as will professional surveyors and lawyers looking for a refresher on the latest landlord and tenant law.

Landmark Cases in Property Law explores the development of basic principles of property law in leading cases. Each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence - How are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors' introductions. This makes for a coherent and provocative collection, and ensures that Landmark Cases in Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.

As an essential part of the conveyancing process, the purchaser of property or land carries out a search at the local authority offices to discover if there are any planning; environmental health; highways or water restrictions appertaining to the property or land to be purchased. The new edition of this popular work provides a clear and concise commentary on the new Forms Con29 and Con29O and on the current version of Form Con29DW (Water and Drainage Enquiries). For the first time Form Con 29 now has enquiries relating to surface water drainage schemes, heritage partnership agreements, flood and coastal erosion risk management, community infrastructure levy, assets of community value, flood consents and land drainage consents. The sixth edition of this book examines each enquiry in turn, and clearly sets out the relevant and up-to-date legal position with sources and references. The authors then provide a summary of the implications of any reply by the local authority or water company concerned, positive or negative, so that a prospective purchaser can make a balanced decision as to whether to proceed with the purchase. Enquiries of Local Authorities and Water Companies: A Practical Guide provides an invaluable reference for the conveyancing practitioner, local land charges officer or estate agent.

In this volume Professor Gaudemet examines the growth and development of the law of the Church. The Decretum of Gratian and the corpus of conciliar legislation, two of its principal sources, figure prominently. While, in these studies, the author's interest lies principally with the investigation of the origins of canon law, he insists that one should not lose sight of the broader context and points to many areas that would repay further study. Church law, for instance, should not be taken in isolation but seen as a reflection of the needs and values of its time.

This timely book analyses the most significant contemporary developments and trends in property law, including the concept of property rights, the role of property law and property rights in society, and the values they enhance. It examines the effect of property rights on social, economic and cultural development and vice versa, considering the impact of phenomena such as technological innovation, digitalisation and blockchain technology, changes in social and economic organisation and globalisation. Featuring contributions from top international scholars in the field, chapters explain the variety of property rights found in most legal systems and how these develop in relation to social needs and available resources. The book discusses the current transition of property from mainly physical objects to intangible values in the form of, for example, intellectual property rights, and the impacts this is having on the law, democracy and free speech. Other prominent issues tackled by the book include the organisation of registries for property rights, models for managing public property and the influence of new property forms on family and inheritance law. An essential read for scholars and students of property law, including intellectual property, the book will also be of interest to those working in family law, law and technology and commercial law whose research intersects with property rights.

Possession is a foundational concept in property law. Despite its undoubted importance, it is poorly understood and a perennial source of confusion. Indeed, there is a widely held view amongst lawyers that possession is an irredeemably ambiguous and amorphous concept. This book aims to challenge this conventional wisdom and to demonstrate that possession is in fact far simpler than generations of lawyers have been led to believe. In viewing possession as a knotty problem for the philosopher or legal theoretician, scholars are apt to overlook the important truth that possession is a concept that laymen routinely and, for the most part, effortlessly apply as they navigate through the countless property interactions that shape everyday life. The key to understanding the nature and function of possession in the law is to appreciate that the possession 'rule' is, first and foremost, a spontaneously emergent phenomenon. Possession describes those acts that, as a matter of an extra-legal convention, constitute the accepted way in which members of a given population stake their claims to tangible things. Fusing traditional legal analysis with insights from philosophy and economics, An Expressive Theory of Possession applies this central claim to both theoretical and doctrinal problems in property law and, in doing so, provides a coherent explanation of possession and its role in law and life.

This innovative book examines the role an automobile emissions tax could play in reducing emissions in the United States. The author concludes that an emissions tax has the potential to reduce emissions from households vehicles significantly, even when travel demand is relatively price inelastic. Beginning with a theoretical discussion of a first-best tax, a second-best tax on passenger vehicles is developed. This study contains detailed analyses of: * the design of the tax * behavioural responses that lead to emissions reductions, including reductions in the household's vehicle miles of travel and the scrapping of low-value, high emitting vehicles * the effect of the tax on the reduction of emissions * the effect of the tax on households in different income quintiles * the emissions reducing potential of a gasoline tax compared to an emissions tax This study uses a simulation model to analyse the sensitivity of travel demand and the resulting emissions, to different tax rates and demand elasticities. The author concludes that an emissions tax has the potential to reduce emissions from household vehicles significantly, even when travel demand is relatively price inelastic. Taxing Automobile Emissions for Pollution Control will prove invaluable to policymakers and academics in the field of environmental management and environmental economics and policy.

Ideal for students taking law modules on construction, surveying, real estate, planning and civil engineering courses, Galbraith's Construction and Land Management Law for Students is an excellent overview of the key legal issues in the built environment. Clearly written and with wide ranging coverage of key legal principles, this textbook highlights the need for students on built environment related courses to access information on how the law relates to their profession, without getting into the heavy detail of the full-scale legal texts. Chapters provide the background to the English legal system before covering key topics such as contract law, tort, health and safety, land law, planning, landlord and tenant, dispute resolution and employment law. All chapters in this seventh edition have been updated with new case law along with statutory and regulatory changes. The improvements include: A new chapter on environmental law An explanation of the new UK/EU relationship following Brexit Details of current JCT 2016 and NEC4 construction contracts Changes to landlords' requirements on letting property The Consumer Rights Act 2015 The Localism Act 2011 The Construction (Design and Management) Regulations 2015

An outstanding reference that demystifies the legal process for expert witnesses in land and natural resource disputes

A vast and complex body of laws surrounds the ownership and disposition of land resources today--so it is no wonder that land experts who assist in land and natural resource disputes often find themselves grappling with the challenging intricacies of the modern legal process. This book offers a vital road map through the labyrinth of civil laws and procedures that professionals who assist in such cases must navigate.

In Surveying the Courtroom, Second Edition, John Briscoe explains--in plain English--all pertinent rules of evidence and procedure. From the filing of a complaint to its resolution, he guides you through each phase of a land or natural resource lawsuit, clearly describing the land expert's role at each step along the way. He supplies numerous fascinating and instructive case studies and vignettes to illustrate his points and to better prepare you for crucial developments that may arise during the course of a trial. He also provides copious references to applicable codes, statutes, and court decisions, making it easier for you to find the resources needed to verify or refute points, or to arrive at a more profound understanding of a particular subject.

Surveying the Courtroom, Second Edition is an indispensable working resource for land surveyors, title abstractors, property appraisers, geologists, hydrologists, geographers, oceanographers, civil and environmental engineers, and all other professionals who are called upon to help courts reach decisions in land and natural resource disputes.

Individual foreign investment in residential real estate by new middle-class and super-rich investors is re-emerging as a key issue in academic, policy and public debates around the world. At its most abstract, global real estate is increasingly thought of as a liquid asset class that is targeted by foreign individual investors who are seeking to diversify their investment portfolios. But foreign investors are also motivated by intergenerational familial security, transnational migration strategies and short-term educational plans, which are all closely entwined with global real estate investment. Government and local public responses to the latest manifestation of global real estate investment have taken different forms. These range from pro-foreign investment, primarily justified on geopolitical and macro-economic grounds, to anti-foreign investment for reasons such as mitigating public dissent and protecting the local housing market. Within this changing geopolitical context, this book offers a diverse range of case studies from Canada, Hong Kong, Singapore, Russia, Australia and Korea. It will be of interest to academics, policymakers and university students who are interested in the globalisation of local real estate. The chapters in this book were originally published in the International Journal of Housing Policy.

Land is important to all aspects of human life and has a key role in the economic well-being of society therefore, land tenure, land ownership, and real property law is a critical part of any developed nation. Together, the processes of how land parcels are held; how they are defined, measured, and described to allow economic transactions; how they are marked to allow their use and defense; and how they are legally protected have allowed for the orderly possession and use of land. In doing so, these processes have also provided the basis for the advanced economy of most developed nations. Very often, these processes-land tenure, boundary surveying, and cadastral systems-are considered separately. They are very much interrelated, and none of these processes may be completely understood without an understanding of the others. Land Tenure, Boundary Surveys, and Cadastral Systems provides an introduction to land tenure, cadastral systems, and boundary surveying, including an understanding of the interrelationship of these areas and their role in land tenure and real property law. This is especially true considering the advent of georeferenced cadastral maps reflecting the location of land parcels relative to many other components of the physical and legal infrastructure. Although intended as a basic text for college-level surveying courses, this book should also be of significant value to cadastral mappers, real property attorneys, land title professionals, and others involved with land transactions.

The discipline of law and economics has earned a reputation for developing plausible and empirically testable theories on the social functions and the impact of legal institutions. Property rights are a field in which this has been very successful. In this book, economic property rights theories are applied to case law in order to examine the practice and solution of real life conflicts. The author examines the economic problems which are dealt with in these cases and evaluate the courts' decisions from an economic angle. Cases are examined from across the UK, the US, Germany, Belgium and Canada to allow international comparisons to be made. These comparisons reveal that, regardless of the legal system, many legal issues have similar economic roots and therefore similar models of economic analysis can be applied. The analysis of these cases also shows that the discipline of law and economics is not only successful in developing explanatory models but also useful to generate better considerations and solutions for legal conflicts in individual cases. This book aims to bridge the gap between the academic and professional literature and demonstrate the benefits of the economic analysis of property rights cases to all those who are interested in law and economics.

This book examines the current state of, and emerging issues in relation to, the Torrens and other systems of land registration, and the process of automation of land registration systems in jurisdictions where this is occurring worldwide. It analyses the impacts of advances in digital technology in this area and includes contributions from of a number of experts and leaders in this subject from a number of jurisdictions. While it has an Australasian bias, there are important chapters outlining current challenges and developments in Scotland, England and Wales, Ireland, and the Netherlands. The book will be relevant to those engaged in land registration and conveyancing processes, including, but not limited to, property law practitioners and conveyancers, academics in this field, government and public policy experts, law and property students, and IT and IP experts, especially those working on developing automated land registration systems.

The high cost of building affordable housing in New York, and cities like it, has long been a topic of urgent debate. Yet despite its paramount importance and the endless work of public and private groups to find ways to provide it, affordable housing continues to be an elusive commodity in New York City-and increasingly so in our current economic and political climate. In a timely, captivating memoir, Carol Lamberg weighs in on this vital issue with the lessons she learned and the successes she won while working with the Settlement Housing Fund, where she was executive director from 1983 until 2014. Lamberg provides a unique perspective on the great changes that have swept the housing arena since the curtailment of the welfare state in the 1970s, and spells out what is needed to address today's housing problems. In a tradition of "big city" social work memoirs stretching back to Jane Addams, Lamberg reflects on the social purpose, vision, and practical challenges of the projects she's been involved in, while vividly capturing the life and times of those who engaged in the creation and maintenance of housing and those who have benefited from it. Using a wealth of interviews with managers and residents alike, alongside the author's firsthand experiences, this book depicts examples of successful community development between 1975 and 1997 in the Bronx and on the Lower East Side of Manhattan. In the "West Bronx Story," Lamberg details the painful but ultimately exhilarating development of eighteen buildings that comprise New Settlement Apartments-a dramatic transformation of a devastated neighborhood into a thriving community. In "A Tale of Two Bridges," the author depicts a different path to success, along with its particular challenges. The redevelopment of this area on the Lower East Side involved six different Federal housing programs and consisted of six residential sites, a running track, and a large scale supermarket. To this day, forty years later, all the buildings remain strong. With Neighborhood Success Stories, Lamberg offers a roadmap to making affordable housing a reality with the key ingredients of dogged persistence, group efforts, and creative coalition building. Her powerful memoir provides hope and practical encouragement in times that are more challenging than ever.

The sharing economy challenges contemporary property law. Does the rise of access render our conception of property obsolete? What are the normative and theoretical implications of choosing casual short-term use of property over stable use? What are the relational and social complications of blurring the line between personal and commercial use of property? The book develops a novel conceptualization of property in the age of the sharing economy. It argues that the sharing economy pushes for a mobile and flexible vision of engaging with possessions and, as a result, with other people. Property's role as a source of permanence and a facilitator of stable, long-term relationships is gradually decreasing in importance. The book offers a broad theoretical and normative framework for understanding the changing landscape of property, provides an institutional analysis of the phenomenon, discusses the social, communal, and relational implications of these changes, and offers guidelines for law reform.

Following an introduction to the development of cultural property protection and a definition of terms, this work addresses international and European provisions in order to provide an overview of the current instruments and regulatory options relating to cultural property protection. An analysis of the legal position in the Federal Republic of Germany regarding cultural property protection follows, which confirms that this legal position continues to contain a series of severe flaws. Lastly, future developments within the scope of international cultural property protection are considered.

In the last few decades university teaching has been recognised as an activity which can be studied and improved through educational scholarship. In some disciplines this is now well established. It remains emergent in legal education. The field is rich with questions to be answered, issues to be raised. This book provides the first overall review of legal education scholarship. The chapters outline the history of legal education research and provide a detailed analysis of the trends in areas of publication. Beyond this, the book suggests a typology for further conceptualising the field and a series of suggested paths for future research. The book originated from the 2017 UNSW conference "Research in Legal Education: State of the Art?" It features internationally respected authors who bring their perspectives on how legal education - as a field of research - should be conceptualised. The collection is arranged into three themes. First, a historical view is taken of the emergence of legal education scholarship and its roots that predate modern educational theory. Secondly, the book provides overviews of the extant field of publications, highlighting areas of interest and neglect, and delineating the trends in current publication. Thirdly, the book provides a set of suggested typologies for describing legal education research and a series of essays for future directions which both critique current approaches and provide inspiration for future directions. The State of Legal Education Research represents an authoritative introduction to the field, a set of conceptual tools with which to describe it, and inspiration for researchers to expand and grow research into legal education.

The real estate market in Germany has recovered remarkably well from 2008/09 crisis. Portfolio transactions, infrastructure projects as well as investments in commercial and residential real estate are on the rise. This publication provides investors, property developers and advisers with a practical guideline to the legal, tax and commercial framework for real estate investments in Germany.

In Foreclosed, Christopher K. Odinet gives voice to the stories of homeowners that have been neglected, particularly those facing foreclosure and deep financial distress. The book reveals the powerful and often invisible mortgage servicing industry, the tremendous discretionary power it wields over the housing lives of most Americans, and the servicing problems that still persist today. In doing so, it unveils a quiet and dangerous market shift in mortgage servicing - namely, an ongoing move toward a shadow banking sector where regulation is weak - that threatens the stability of our housing finance system. Ultimately, the book demonstrates how the law does not afford homeowners the protection most think and how regulation of these mortgage middlemen remains weak. Foreclosed should be read by anyone concerned with the state of housing and home ownership in the United States.

Howdy, landlord! Get on the right side of the law with Dummies Landlord's Legal Kit For Dummies contains all the resources landlords need to unpack the legal side of renting properties. Inside you'll find worksheets, templates, and friendly explanations that will help you find success. Once you have your property and your tenants, you'll need to make sure you operate within your rights, complete all the necessary admin, and handle taxes in an accurate and timely way. This book can help you do just that, with the latest paperwork, helpful details and examples, and a breakdown of taxes and laws. Plus, you can go beyond the book by accessing online documents that take your learning to the next level. Understand all the latest housing laws that pertain to your specific rental situation Find drafts of all the legal forms you'll need as a landlord Access easy-to-use tax worksheets and clear descriptions of tax rules without legal jargon Recognize your rights as a landlord and understand your tenants' rights This is the perfect Dummies guide for both new and experienced landlords who need a hands-on legal reference for all the laws surrounding rent, rental properties, and tenants.

The revised edition 2009 particularly focuses on the legal aspects of the securitization of debt by a security right in land (with refinancing register), the consequences of the mortgage crisis, the Bavarian legal proposal for a law to protect the borrower, and the question of which objections the legal successor in a security right in land will be confronted with. The law of compulsory mortgages and the security contract on land charges has also been extensively revised.

Always the serious student's choice for a Trusts Law textbook, the new seventh edition of Moffat's Trusts Law once again provides a clear examination of the rules of Trusts, retaining its hallmark combination of a contextualised approach and a commercial focus. The impact of statutory developments and a wealth of new cases - including the Supreme Court and Privy Council decisions in Patel v. Mirza [2016] UKSC 42, PJS v. News Group Newspapers Ltd [2016] UKSC, Burnden Holdings v. Fielding [2018] UKSC 14, and Federal Republic of Brazil v. Durant [2015] UKPC 35 - are explored. A streamlining of the chapters on charitable Trusts, better to align the book with the typical Trusts Law course, helps students understand the new directions being taken in the areas of Trust Law and equitable remedies.