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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Property, real estate, land & tenancy law
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
Nineteenth-century America witnessed some of the most important and fruitful areas of intersection between the law and humanities, as people began to realize that the law, formerly confined to courts and lawyers, might also find expression in a variety of ostensibly non-legal areas such as painting, poetry, fiction, and sculpture. Bringing together leading researchers from law schools and humanities departments, this Companion touches on regulatory, statutory, and common law in nineteenth-century America and encompasses judges, lawyers, legislators, litigants, and the institutions they inhabited (courts, firms, prisons). It will serve as a reference for specific information on a variety of law- and humanities-related topics as well as a guide to understanding how the two disciplines developed in tandem in the long nineteenth century.
What is property, and why does our species have it? In The Property Species, Bart J. Wilson explores how humans acquire, perceive, and know the custom of property, and why this might be relevant to understanding how property works in the twenty-first century. Arguing that neither the sciences nor the humanities synthesizes a full account of property, the book offers a cross-disciplinary compromise that is sure to be controversial: Property is a universal and uniquely human custom. Integrating cognitive linguistics with philosophy of property and a fresh look at property disputes in the common law, the book makes the case that symbolic-thinking humans locate the meaning of property within a thing. That is, all human beings and only human beings have property in things, and at its core, property rests on custom, not rights. Such an alternative to conventional thinking contends that the origins of property lie not in food, mates, territory, or land, but in the very human act of creating, with symbolic thought, something new that did not previously exist. Written by an economist who marvels at the natural history of humankind, the book is essential reading for experts and any reader who has wondered why people claim things as "Mine!", and what that means for our humanity.
Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law. In this book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor. Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it is essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.
Das griechische Grundstucksrecht befindet sich heute im Umbruch. Vor allem fuhrt die Einfuhrung des Grundbuchsystems in Griechenland grundlegende AEnderungen im veralteten Corpus des Sachenrechts mit positiven Auswirkungen auf die Rechtssicherheit herbei. Zugleich ist dies mit einer ganzen Reihe von neuen Rechtsinstituten und Herausforderungen verbunden, die die griechische Rechtsordnung zu bewaltigen hat. Dieses Buch liefert eine Darstellung des modernen griechischen Sachenrechts der Immobilien auf neuestem Stand. Es befasst sich mit der Entwicklung und der Funktion der Rechtsinstitute betreffend die Begrundung, UEbertragung und Belastung von dinglichen Rechten an Grundstucken durch eine dialektische Gegenuberstellung der griechischen und der deutschen Vorschriften, so dass sich dem auslandischen Rechtsanwender eine grundliche theoretische wie auch praktische Einsicht in das Thema eroeffnet.
This book presents a comprehensive account of past and present efforts to introduce the jury system in Japan. Four legal reforms are documented and assessed: the implementation of the bureaucratic and all-judge special jury systems in the 1870s, the introduction of the all-layperson jury in the late 1920s, the transplantation of the Anglo-American-style jury system to Okinawa under the U.S. Occupation, and the implementation of the mixed-court lay judge (saiban'in) system in 2009. While being primarily interested in the related case studies, the book also discusses the instances when the idea of introducing trial by jury was rejected at different times in Japan's history. Why does legal reform happen? What are the determinants of success and failure of a reform effort? What are the prospects of the saiban'in system to function effectively in Japan? This book offers important insights on the questions that lie at the core of the law and society debate and are highly relevant for understanding contemporary Japan and its recent and distant past.
In 2014, the federal government provided about $50 billion in housing assistance specifically designated for low-income households. That assistance -- which is made available both through spending programs and preferential tax treatment -- increased by about 15 percent in real (inflation-adjusted) terms between 2000 and 2003. Since that time, such assistance has remained relatively stable at about $50 billion annually (measured in 2014 dollars), with the exception of a temporary boost, mostly in 2010 and 2011, associated with the American Recovery and Reinvestment Act of 2009 (ARRA). The Congressional Budget Office report, provided in this book, discusses the ways in which the federal government provides housing assistance to low-income households, examines how that assistance has changed since 2000, and provides information about the households that receive assistance. In addition, the book assesses policy options for altering that assistance. The book also identifies the federal, state, and local government funded programs that provide rental assistance to low-income households and identifies indications of program fragmentation and overlap; assesses the extent of intergovernmental collaboration for rental assistance; and determines what is known about performance at the federal level, at selected state and local jurisdictions and for the collective performance of the levels of government providing rental assistance.
Since the beginning of the acquired immunodeficiency syndrome (AIDS) epidemic in the early 1980s, many individuals living with the disease have had difficulty finding affordable, stable housing. As individuals become ill, they may find themselves unable to work, while at the same time facing health care expenses that leave few resources to pay for housing. In addition, many persons living with AIDS struggled to afford housing even before being diagnosed with the disease. The financial vulnerability associated with AIDS, as well as the human immunodeficiency virus (HIV) that causes AIDS, results in a greater likelihood of homelessness among persons living with the disease. At the same time, those who are homeless may be more likely to engage in activities through which they could acquire or transmit HIV. Further, recent research has indicated that individuals living with HIV who live in stable housing have better health outcomes than those who are homeless or unstably housed, and that they spend fewer days in hospitals and emergency rooms. This book describes research that shows how housing and health status are related and the effects of stable housing on patient health. It also describes the Housing Opportunities for Persons with AIDS (HOPWA) program, the only federal program that provides housing and services specifically for persons who are HIV positive or who have AIDS, together with their families. In addition, the book describes how a small portion of funds appropriated through the Ryan White HIV/AIDS program may be used by states and local jurisdictions to provide short-term housing assistance for persons living with HIV/AIDS.
Landpower, defined here as "the ability -- by threat, force, or occupation -- to exploit control over land, resources, and people", offers policy-makers significant utility in peace, crisis, or war. This book provides better understanding of Landpower essential if national leaders are to have a full range of policy options for protecting and promoting the nation's interests in the face of shifting geostrategic conditions.
The Fifth Amendment to the U.S. Constitution states that government shall not take private property except for "public use" and with "just compensation." Officials from national organisations and state and local governments cited various purposes for which eminent domain can be or has been used, including the building or expansion of transportation-related projects; the elimination and prevention of conditions that are detrimental to the physical, social, and economic well-being of an area; remediation of environmental contamination; and economic development. This book provides information on the purposes for and extent to which eminent domain can be and has been used; the process states and select localities across the country use to acquire land, including by eminent domain; how the use of eminent domain has affected individuals and communities in select localities; and the changes state legislatures made to laws governing the use of eminent domain from June 2005 through July 2006.
When making a decision about housing, a household must choose between renting and owning. Multiple factors, such as a household's financial status and expectations about the future, will influence the decision. Few that decide to purchase a home have the necessary savings or available financial resources to make the purchase on their own. Most need to take out a loan. A loan that uses real estate as collateral is typically referred to as a mortgage. This book serves as a primer that explains how the system of housing finance works. This book also examines various mechanisms that policy-makers could use to attract more private capital to the secondary mortgage market; and addresses how those mechanisms could be combined in different ways to help the market make the transition to a new structure during the coming decade.
Prior to seeking appropriations, The General Services Administration (GSA) is required to obtain congressional authorisation for constructing, purchasing, leasing, or renovating real property. The GSA controls over 8,700 owned and leased buildings with 422 million square feet of floor space, which represents about 12.6% of the government's 3.354 billion total building square footage. GSA has the authority to acquire, operate, and dispose of real property on behalf of other federal agencies, including the judiciary. Its portfolio includes courthouses, land ports of entry, and federal office space. This book provides an analysis of key issues of federal real property.
Emptied Lands investigates the protracted legal, planning, and territorial conflict between the settler Israeli state and indigenous Bedouin citizens over traditional lands in southern Israel/Palestine. The authors place this dispute in historical, legal, geographical, and international-comparative perspectives, providing the first legal geographic analysis of the "dead Negev doctrine" used by Israel to dispossess and forcefully displace Bedouin inhabitants in order to Judaize the region. The authors reveal that through manipulative use of Ottoman, British and Israeli laws, the state has constructed its own version ofterra nullius. Yet, the indigenous property and settlement system still functions, creating an ongoing resistance to the Jewish state.Emptied Lands critically examines several key land claims, court rulings, planning policies, and development strategies, offering alternative local, regional, and international routes for justice.
Concentrate Q&A Land Law is part of the Concentrate Q&A series, the result of a collaboration involving hundreds of law students and lecturers from universities across the UK. Each book in this series offers you better support and a greater chance to succeed on your law course than any of the competitors. 'A sure-fire way to get a 1st class result' (Naomi M, Coventry University) 'My grades have dramatically improved since I started using the OUP Q&A guides' (Glen Sylvester, Bournemouth University) 'These first class answers will transform you into a first class student' (Ali Mohamed, University of Hertfordshire) 'I can't think of better revision support for my study' (Quynh Anh Thi Le, University of Warwick) 'I would strongly recommend Q&A guides. They have vastly improved my structuring of exam answers and helped me identify key components of a high quality answer' (Hayden Roach, Bournemouth University) '100% would recommend. Makes you feel like you will pass with flying colours' (Elysia Marie Vaughan, University of Hertfordshire) 'My fellow students rave about this book' (Octavia Knapper, Lancaster University) 'The best Q&A books that I've read; the content is exceptional' (Wendy Chinenye Akaigwe, London Metropolitan University) 'I would not hesitate to recommend this book to a friend' (Blessing Denhere, Coventry University)
Occupiers' liability is an area of tort law rich in statutory material and jurisprudence, having developed outside the framework of general negligence liability. It governs the duty of care which an occupier, landlord or builder owes to people who visit or trespass on their land. As the only text offering in depth analysis and commentary on the legislation and case law surrounding occupiers' liability, this book represents a key reference text for all those involved in advising on or researching this area. Each aspect of the law in this area is examined in detail, with the definitions of premises, occupiers, visitors, and trespassers analysed through a substantial body of case law. The types of harm which occupiers may be liable for and the available defences are also given detailed discussion. Further chapters are devoted to the specific provisions and precedents governing the scope of the statutory duty of care, liability of independent contractors, and the liability of occupiers to those who enter premises under contract. The text also covers the statutory regime and case law surrounding liability for defective premises under the Defective Premises Act 1972, which replaced provisions relating to this under the 1957 Occupiers' Liability Act. The book includes the full text of both the 1957 and the 1984 Occupiers' Liability Acts and of the Defective Premises Act 1972.
Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct - a mere placeholder for theories aimed at questions of distributive justice and efficiency. Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive justice on the one hand and individual rules on the other, what in this broad space needs explaining, and how might we justify what we find? The papers in this volume are a first step towards filling this gap in the philosophical analysis of private law. This is achieved here by revisiting the contributions of philosophers such as Hume, Locke, Kant, and Grotius and revealing how particular doctrines illuminate the way in which property law respects the equality and autonomy of its subjects. Secondly, by exploring the central notions of possession, ownership, and title and finally by considering the very foundations of conceptualism in property.
Agricultural Valuations: A Practical Guide has long been the standard text for students and professionals working on agricultural valuations. Taking a practical approach, it covers all the relevant techniques and legislation necessary to correctly value farms, assess farm rents, carry out arbitrations, inventories and records of condition, including valuation clauses on sales of farms, livestock, soils, management agreements, valuation in court proceedings and a glossary of useful information. In this fifth edition, Gwyn Williams's original text is taken on by Jeremy Moody and Nick Millard, renowned experts in the field, bringing the book right up to date to reflect recent changes in the rural economy, including development, diversification and renewable energy and specialist valuations and reference to all the latest legislation. Clear and accessible to students and professionals alike, readers will find Agricultural Valuations an invaluable guide to best practice in agricultural valuations.
Real estate valuations, which encompass appraisals and other estimation methods, have come under increased scrutiny in the wake of the recent mortgage crisis. This book discusses the regulation of appraisers and provides information on related statutes and rules.
This ambitious book, newly available in paperback, examines the encounter between Gaels and Europeans in Scotland in the central Middle Ages, offering new insights into an important period in the formation of the Scots' national identity. It is based on a close reading of the texts of several thousand charters, indentures, brieves and other written sources that record the business conducted in royal and baronial courts across the length and breadth of the medieval kingdom between 1150 and 1400.Under the broad themes of land, law and people, this book explores how the customs, laws and traditions of the native inhabitants and those of incoming settlers interacted and influenced each other. Drawing on a range of theoretical and methodological approaches, the author places her subject matter firmly within the recent historiography of the British Isles and demonstrates how the experience of Scotland was both similar to, and a distinct manifestation of, a wider process of Europeanisation.
It is often argued that land registration is the answer to insecurity of real estate ownership in sub-Saharan Africa. This argument is based on the presumption that there is ownership security in the advanced world because every real estate is registered. However, a lot of studies conducted in the developing world have established that ownership security cannot be assured via land registration. This book critically analyses the theoretical principles that underpin land registration systems in order to provide more insights as to why land registration cannot guarantee ownership security. It also examines the nexus between security of ownership and investment.
The problems in the mortgage market are routinely referred to as a "foreclosure crisis" because the level of defaults and foreclosures greatly exceed previous peak levels in the post-war era and, as a result, have drawn comparisons to the levels of distress experienced in the Great Depression. This book contains a review of the academic literature and industry press on the root causes of the current foreclosure crisis, data and analysis of trends in the market, and policy responses and recommended actions to mitigate the current crisis and help prevent similar crises from occurring in the future. |
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