After the fall of the Porfirio Diaz regime, pueblo representatives sent hundreds of petitions to Pres. Francisco I. Madero, demanding that the executive branch of government assume the judiciary's control over their unresolved lawsuits against landowners, local bosses, and other villages. The Madero administration tried to use existing laws to settle land conflicts but always stopped short of invading judicial authority. In contrast, the two main agrarian reform programs undertaken in revolutionary Mexico-those implemented by Emiliano Zapata and Venustiano Carranza-subordinated the judiciary to the executive branch and thereby reshaped the postrevolutionary state with the support of villagers, who actively sided with one branch of government over another. In Matters of Justice Helga Baitenmann offers the first detailed account of the Zapatista and Carrancista agrarian reform programs as they were implemented in practice at the local level and then reconfigured in response to unanticipated inter- and intravillage conflicts. Ultimately, the Zapatista land reform, which sought to redistribute land throughout the country, remained an unfulfilled utopia. In contrast, Carrancista laws, intended to resolve quickly an urgent problem in a time of war, had lasting effects on the legal rights of millions of land beneficiaries and accidentally became the pillar of a program that redistributed about half the national territory.

The purpose of the work is to systematically cover the law of property as a component of private law in general, with its constitutional and European-law foundations, as well as the issues of territorial and temporal scope. The book follows the order of the BGB [German Civil Code] in its design. The new edition considers legislation, case law, and scholarship throughNovember 2009.

The federal government has been involved in providing housing assistance to lower-income households since the 1930s. In the beginning, the federal government was involved in supporting the mortgage market (through establishment of the Federal Housing Administration (FHA) and the government-sponsored enterprises) and in promoting construction of low-rent public housing for lower-income families through local public housing authorities. Over time, the role of the federal government has shifted away from providing construction-based subsidies to providing rental subsidies; private developers and property owners now play a larger role; and more federal funding has been provided to states and localities. This book provides an overview of the history and evolution of federal housing assistance programs and policy, information about the main programs, and a discussion of recent issues and trends.

Since 2006, the percentage of mortgage loans that are seriously delinquent, including defaulted loans and foreclosures in inventory, has risen. One option for resolving a mortgage default is foreclosure. Foreclosure, however, is costly for borrowers that lose what might be the largest asset in their portfolios; for lenders that may not be able to recoup the outstanding loan amount, legal fees, lost revenue and maintenance costs until the distressed property is sold. This book provides an overview of servicing and a summary of the typical array of loss mitigation that servicers may offer distressed borrowers. Also discussed are regional house price movements and unemployment trends which are important drivers of mortgage repayment problems and loss mitigation outcomes.

A comprehensive, stimulating introduction to trusts law, which provides readers with a clear conceptual framework to aid understanding of this challenging area of the law. Aimed at readers studying trusts at an undergraduate level, it provides a succinct and enlightening account of this area of the law.
Concise and clear, this book also identifies and discusses many analytical perspectives, encouraging a deeper understanding of the issues at hand. It offers an outstanding treatment of specific areas, in particular remedial constructive trusts and trusts of family homes. Ideal for providing a broad background to the issues before embarking on an in-depth study of trusts, it can also be used to help the reader to develop their understanding. For those looking to challenge themselves, detailed footnotes highlight further issues and point the direction for future reading.
Fully revised to take into account the Charities Act 2006, judicial developments through case law, and recent academic work in this area, this new edition in the renowned Clarendon Law Series offers a well-written, careful, and insightful introduction to the law of trusts.

In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for "public use," the Court ruled that the transfer of condemned land to private parties for "economic development" is permitted by the Constitution even if the government cannot prove that the expected development will ever actually happen. The Court's decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and "blight" condemnations are unconstitutional under both originalist and most "living constitution" theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city's poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court's unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.

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.

This new edition of The Law of Trusts provides comprehensive and up to date coverage of both the general principles and the application of trust law in specific areas of legal practice.
The book has been fully revised and updated to take into account recent legislation and case law from key trust jurisdictions, and to include new material on the rule in Hastings-Bass; different applications of the constructive trust; trustees' liability for breach of trust; the taxation of trusts and estate planning; trusts of pension schemes and financial regulation. It also contains expanded material on areas that have recently grown in importance, such as the emergence of shams and retention of control of trust assets by the settlor; and the growing use of Special Purpose Vehicles in offshore commercial dealings.
The book is helpfully split into two parts along these lines: Part One considers the general principles involved and includes coverage of: all aspects of express private trusts; the duties and powers of trustees; the variation of trusts; trusts implied by law; and breach of trusts. Part Two puts the general principles to work by covering key practice areas including: insolvency; private client trusts; international trusts; pension funds; financial transactions; commercial transactions; and trusts of land. This is a substantial work written by expert academics who also have experience of practice, supported by contributions from key specialists.

Since its first publication in 1975, John Murdoch's Law of Estate Agency has been the leading work on this important subject. This new fifth edition offers authoritative guidance on all recent legal developments, both legislative and in the courts, of concern to practising estate agents.

Judicial decisions on such matters as commission claims and liability for misdescription are of great concern to practitioners, as is the increasing tendency of clients to defend an action for fees by claiming that the agent's terms of business contravene consumer protection rules inspired by the EU. These developments, and many more, are given expert coverage.

Late medieval Douai was one of the wealthiest cloth towns of Flanders, and it left an enormous archive documenting the personal financial affairs of its citizens -- wills, marriage agreements, business contracts, and records of court disputes over property rights of all kinds.

Based on extensive research in this archive. The Marriage Exchange reveals how these documents were produced in a centuries-long effort to regulate -- and ultimately to redefine -- property and gender relations. At the center of the transformation was the shift from a marital property regime based on custom to one based on contract. In the former, a widow typically inherited her husband's property; in the latter, she shared it with or simply held it for his family or offspring. Although Martha C. Howell argues that the legal reform had profound implications for both the social and gender order, she doesn't portray the reform as the triumph of one social group's interests or as a contest between men and women. Instead, she treats the reform as the record of a more complex economic, social, and cultural history in which the meanings of property, social place, and gender were themselves transformed.

Legal scholars, economists, and international development practitioners often assume that the state is capable of 'securing' rights to land and addressing gender inequality in land tenure. In this innovative study of land tenure in Solomon Islands, Rebecca Monson challenges these assumptions. Monson demonstrates that territorial disputes have given rise to a legal system characterised by state law, custom, and Christianity, and that the legal construction and regulation of property has, in fact, deepened gender inequalities and other forms of social difference. These processes have concentrated formal land control in the hands of a small number of men leaders, and reproduced the state as a hypermasculine domain, with significant implications for public authority, political participation, and state formation. Drawing insights from legal scholarship and political ecology in particular, this book offers a significant study of gender and legal pluralism in the Pacific, illuminating ongoing global debates about gender inequality, land tenure, ethnoterritorial struggles and the post colonial state.

This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.

This engaging introduction explores the key principles of equity and trusts law and offers students effective learning features. By covering the essentials of each topic, it ensures students have the foundations for success. The law is made relevant to current practice through chapters that define and explain key legal principles, and examples and exercises set the law in context and make the subject interesting and dynamic by showing how these rules apply in real life. Key facts sections and summaries help students remember the crucial points of each topic and practical exercises offer students the opportunity to apply the law. This updated edition offers added features, in particular comprehensive lists of further reading and also a glossary of key terms. Every chapter has been updated and new case law has been added. Exploring clearly and concisely the subject's key principles, this should be every equity student's first port of call.

There is a great amount of debate concerning the establishment and use of public lands. While there is a desire for recreational areas and parks, there are also considerations for the preservation of wilderness and wildlife. National parks must determine rules regarding the use of off road vehicles, personal watercrafts, snowmobiles and the implementation of hiking trails. This book examines the growing diversity of recreation on federal lands and the resulting impact on the environment.

Das Grundlegende Lehrbuch zur Verfassungslehre. Es geht weitreichend neue Wege. Im ersten Abschnitt - "Staat und Staatsordnung" - werden als Voraussetzung zunachst die Aufbaubedingungen des Staates bestimmt. Dies derart, dass zu Gebiet und Volk noch Fuhrung, Ordnung, Fuhrungsverhalten und Unabhangigkeit als Staatsbedingungen hinzutreten. Und sodann wird als "Sitz" die Staatsverfassung naher auf die Staatsordnung eingegangen. Im zweiten Abschnitt - "Die Staatsverfassung als Staatsordnung" - wird diese als Hauptteil der Staatsordnung bestimmt, bestehend aus einer engeren Verfassung, Grundlagen der weiteren und aus der sonstigen Verfassung. Der dritte Abschnitt - "Die Arten der Verfassung: Die Staatsformen" - ist in Hauptstaatsformen und Nebenstaatsformen gegliedert. Erstere sind Einherrschaft (Monokratie), Mehrherrschaft (Pleokratie) und Vielherrschaft (Polykratrie), jede untergliedert vor allem nach absoluter (unbeschrankter) und relativer (beschrankter) sowie unmittelbarer und mittelbarer Herrschaft. Zu allem sind in betrachtlichem Umfang nicht nur andere Absichten, insbesondere namhafte, einbezogen, sondern ebenfalls, vom Altertum bis in die Gegenwart - Verfassungen."

Subrogation: Law and Practice provides a clear and accessible account of subrogation, explaining when claimants are entitled to the remedy, how they should formulate their claims, and what practical difficulties they might encounter when attempting to enforce their subrogation rights. Although subrogation is a remedy that is frequently claimed in Chancery and commercial practice, the reasons why it is awarded and the way it works can often be misunderstood. In this text authors aim to present the subject in clear and simple terms through a structure that is readily accessible and of benefit to practitioners. Following an introductory overview, and discussion of the rules which determine the discharge of obligations by payment, the book is divided into three parts. Part II considers subrogation to extinguished rights, and explains all the consequences of the House of Lords' finding in Banque Financiere de la Cite v Parc (Battersea) Ltd that this form of subrogation is a remedy for unjust enrichment. The discussion examines the requirements that the defendant has been enriched, and that this enrichment has been gained at the claimant's expense. It also considers the most important reasons why a court might find that a defendant's enrichment is unjust, the defences which can be raised to a claim, the form of the remedy, and additional practical issues. Part III looks at insurers' claims to be subrogated to their insureds' subsisting rights, and carefully analyses the substantial body of case law on this subject which has built up over the past two hundred years. Finally, Part IV concerns the special insolvency rules which entitle claimants to acquire an insolvent party's subsisting indemnity rights against a third party. The discussion takes in claims under the Third Parties (Rights against Insurers) Act 1930 and claims by the creditors of trustees to be indemnified out of the trust estate. This work explains the underlying principles and practical operation of subrogation and is a readily accessible guide for the busy professional.

This book probes the depths of libertarian philosophy and highlights the need for laws that protect all individuals in society. This book defines libertarianism as a theory of what is just law, it is predicated upon the non-aggression principle (NAP). This legal foundation of the libertarian philosophy states that it should be illicit to threaten or engage in initiatory violence against innocent people. Ultimately, this book presents the notion, defend the "undefendable." This book defines that as; any person, institution, professional, worker, which is either reviled by virtually everyone, or prohibited by law, and does not violate the NAP. Weaved throughout, this book uses political philosophy to present three fundamental premises to explain this libertarian point of view. Firstly, this book defines the non-aggression principle (NAP). Secondly, demonstrates the importance and relevance of private property rights in this context. This book uses practical examples to demonstrate the theoretical application of freedom rights using libertarianism principles.

Hughes, Davis, Matthew and Jones: Text and Materials on Housing Law is a collection of housing case law and legislation combined with commentary to enable students fully to understand the often complicated language of the law. It gathers together all the important original materials to which students of housing law will need to have access. Text and Materials on Housing Law Covers housing law topics at undergraduate and postgraduate level Explores the increasingly important area of housing and human rights Deals with housing issues raised by the changing patterns of relationships within society Covers unlawful eviction and the new legislation on homelessnessThe inclusion of procedural material in this work is of great value to housing professionals (local authorities, housing associations, high-street solicitors) and also enhances its usefulness to academics and students by linking the relevant substantive law to a procedural awareness.

This Companion to the LPC has been designed to help students through the demanding subject of Property Law & Practice. It provides a clear and logical progression through the main problems arising in a conveyancing transaction, culminating in an examination of the process as a whole. Straddling commercial and high-street approaches to the subject, it offers full coverage of all the elements of freehold commonhold, leasehold, and commercial conveyancing processes. Looking in detail at specific topics it uses charts, illustrations, and boxed inserts to clarify any particular points of difficulty and to consolidate students' knowledge. It offers guidance on good assessment practice, as well as containing a number of multiple-choice, short answer and transactional questions. It contains full reference to relevant web sites and wider reading especially from practitioner texts and incorporates relevant and appropriate elements of both skills and pervasive subjects (e.g. writing and drafting), as well as highlighting a number of important professional conduct matters. COMPANION WEB SITE This title features a Online Resource Centre specifically created to work alongside the text; providing an up-to-date and comprehensive resource for students and lecturers. Includes: updated legislation, extra learning resources and revision information, annotated web links to legal resources, and additional forms not included in the book.

"Edward Burn is the doyen of property and trust lawyers in this country. His masterly texts on land law and equity and trusts have formed the minds of generations of lawyers. Judges, professors and practising lawyers all depend on Burn's crystalline analyses to make sense of the law. In this festschrift, appellate judges, academic lawyers and practitioners, including many of the leading property and equity experts of England, have joined to celebrate Edward Burn's career as a searching writer and brilliant teacher. The essays in the volume cover a wide terrain of topics including: the rationality of English land law; the nature of proprietary estoppel; the essential attributes of trusts and how they can be exported to Civilian systems; the nature of joint trustee liability; the relationship between restitution and equity; the relationship of fiduciary law to trusts; the standard of care in nuisance; the duty of care in will drafting; and form and substance in tax, lease and mortgage law. The book will interest practising lawyers and academics concerned with property, trusts and equity, and commercial law."

Squatting and the State offers a new theoretical and methodological approach for analyzing state response to squatting, homelessness, empty land, and housing. Embedded in local, national, and transnational contexts, and reaching beyond conventional property theories, this important work sets out a fresh analytical paradigm for understanding the deep, interlocking problems facing not just the traditional 'victims' of narratives about homelessness and squatting but also a variety of other participants in these conflicts. Against the backdrop of economic, social, and political crises, Squatting and the State offers readers important insights about the changing natures of property, investment, housing, communities, and the multi-level state, and describes the implications of these changes for how we think and talk about property in law.

Squatting and the State offers a new theoretical and methodological approach for analyzing state response to squatting, homelessness, empty land, and housing. Embedded in local, national, and transnational contexts, and reaching beyond conventional property theories, this important work sets out a fresh analytical paradigm for understanding the deep, interlocking problems facing not just the traditional 'victims' of narratives about homelessness and squatting but also a variety of other participants in these conflicts. Against the backdrop of economic, social, and political crises, Squatting and the State offers readers important insights about the changing natures of property, investment, housing, communities, and the multi-level state, and describes the implications of these changes for how we think and talk about property in law.

Written in a direct and approachable style, Blackstone's Guide to the Land Registration Act 2002 serves as a guide through the extensive changes the Act will bring to the practice of residential and commercial conveyancing.

The book provides step-by-step analysis of the Act's practical impact on conveyancing and Land Registry practice. The book also explains how the Act establishes the framework for the future development of e-conveyancing and how a new system of adverse possession will be introduced for registered land. Other significant changes include the extension of first registration to many standard commercial leases and the simplification and reform of methods of protecting third party rights over registered land..

The book contains a copy of the Act and schedules.