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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Property, real estate, land & tenancy law
The Law of Limitation offers a comprehsive analysis of the impact
of periods of limitation on civil litigation in England and Wales.
Rent review clauses in business leases have become increasingly complex over the years. This guide provides guidance on the wording of each part of such clauses and analyzes the areas of difficulty. The book deals with rent review clauses in business leases, and while it concentrates on the use and analysis of the more widely used reviews based on market rents, it also considers those calculated by alternative methods, such as the Retail Price Index, tenant's turnover, equity rents and headlease rents. There has been an explosion of case law in this constantly evolving area and this book considers and makes sense of the sometimes contradictory decisions. A number of rent review precedents are included in the appendices for easy reference.
Thompson's Modern Land Law explores the core areas of this subject area through a theoretical and critical lens. The authors excel at explaining difficult rules and concepts clearly but without oversimplification, guiding students around the common pitfalls in areas where there is typically misunderstanding or confusion. Straightforward accounts of the law are underpinned by insightful author commentary on areas of debate, exposing students to critical reasoning, while examples of the context in which land law operates helps students to understand abstract topics and encourages them to appreciate the social importance of this subject. This well-established textbook, both detailed and accessible, is a comprehensive resource for all students studying land law modules. Digital formats and resources The eighth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks The following resources are available online: - Self-test test questions with instant feedback for every chapter - Keep up-to-date with the latest news on land law cases and legislation by following the authors Martin George and Antonia Layard on twitter @martingeorge @AntoniaLayard
Written by judges of the International Court of Justice and the International Tribunal for the Law of the Sea and other leading experts in International Law this collection of essays deals with the most recent developments in international environmental law since the UN Rio Conference on Environment and Development in 1992. It focuses on sustainable development, natural resources, Antarctica, the protection of marine environment, and the revolution in international fisheries law.
Practical guide to the legal issues of using urbanist and sustainable development principles By examining and explaining the particular legal issues that accompany urbanist design and sustainable development, this timely book shows urban planners, developers, designers, and architects how to make the law work for them in planning and executing sustainable urban projects. Written by experienced attorneys, this book thoroughly explains the practical implications of the current law and legal theories surrounding urbanism and sustainability, and forecasts its future directions. Using case studies, photographs, and illustrations, this book offers real-world solutions to the legal issues of urban and sustainable development, including: Incorporating good urban design principles into local land regulation Overcoming impediments to urban and sustainable design practice Getting projects built and codes changed within the existing zoning framework Using fundamentally new approaches to zoning Managing and coping with litigation Structuring and operating the mixed-use common interest community Understanding legal issues specific to urbanist building types Avoiding unnecessary conflicts between urbanist codes and sustainability codes Collectively, the authors have handled every aspect of urbanist law. The two lead authors, Daniel K. Slone and Doris S. Goldstein, are attorneys who are pioneers in the field, having worked with architects, planners, city officials, and developers at the vanguard of urban planning and sustainability. Their comments and firsthand experience, interspersed throughout the book, help illuminate how the law governs day-to-day planning anddevelopment activities. The movements toward sustainable and urbanist development are changing the landscape of America. Armed with this book, you can confidently navigate through the law as you initiate an urban development project and see it to fruition.
When a landlord terminates a lease prematurely, both the landlord and the tenant enter a legal minefield of complex and inconsistent rules - a dangerous zone created by the piecemeal development of tenancy laws. Forfeiture of Tenancies provides a clear and practical explanation of the rules and restrictions governing the rights and obligations of landlords and tenants. It explains the key points of the law and takes the reader through each stage of the process, considering: forfeiture clauses, legal forms and notice periods exemptions and special requirements for different types of tenancy how to affect re-entry to a property how to avoid forfeiture enforcement and appeals Importantly, the book takes account of the changes to the conduct of possession proceedings brought about by the new Civil Procedure Rules.
Blackstones Landlord and Tenant Series breaks down the subject of landlord and tenant into the areas that come up most in practice. Each book in the series provides practical treatment of a particular subject. With their clear exposition of the law, they will be invaluable to landlord and tenant specialists. The 1987 Landlord and Tenant Act Part I, which was remodelled by the Housing Act 1996, is an amazingly complex piece of legislation. It affects many valuable transactions where the landlord seeks to deal with their interest in let property and where the tenants seek to take advantage of their complex statutory rights. This book dissects the Act and offers practical solutions to common problems. A full set of precedents are included. The author of the text and precedents has dealt with large scale problems under this Act almost continuously since it was passed and the taxt reflects that experience.
A close look at the aftereffects of the Mount Laurel affordable housing decision Under the New Jersey State Constitution as interpreted by the State Supreme Court in 1975 and 1983, municipalities are required to use their zoning authority to create realistic opportunities for a fair share of affordable housing for low- and moderate-income households. Mount Laurel was the town at the center of the court decisions. As a result, Mount Laurel has become synonymous with the debate over affordable housing policy designed to create economically integrated communities. What was the impact of the Mount Laurel decision on those most affected by it? What does the case tell us about economic inequality? Climbing Mount Laurel undertakes a systematic evaluation of the Ethel Lawrence Homes-a housing development produced as a result of the Mount Laurel decision. Douglas Massey and his colleagues assess the consequences for the surrounding neighborhoods and their inhabitants, the township of Mount Laurel, and the residents of the Ethel Lawrence Homes. Their analysis reveals what social scientists call neighborhood effects-the notion that neighborhoods can shape the life trajectories of their inhabitants. Climbing Mount Laurel proves that the building of affordable housing projects is an efficacious, cost-effective approach to integration and improving the lives of the poor, with reasonable cost and no drawbacks for the community at large.
Students of conservation encounter some of the most complex issues on our planet. The resolution of existing problems become more complex when humans create further stresses on the natural balance. Moulton and Sanderson brought the challenging issues in wildlife conservation into greater clarity in Wildlife Issues in a Changing World.
James E. Penner ponders with much insight both the notion of property and its place in the legal system, and his musings prove fascinating. Penner proposes that the idea of property as a "bundle of rights"--including the right to possess, the right to use, the right to destroy, etc.--is deficient as a concept. That is, it fails to effectively characterize any particular sort of legal relation and evades attempts to determine which rights are crucial to the "bundle." By way of a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation, and then considers how property functions within the broader legal system.
The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.
How could feminist perspectives and methods change the shape of property law? This volume assembles a group of diverse scholars to explore this question by presenting fundamental property law cases rewritten from a feminist perspective. The cases cover a broad range of property law topics, from landlord-tenant rights and obligations, patents, and zoning to publicity rights, land titles, concurrent ownership, and takings. These rewritten opinions and their accompanying commentaries demonstrate how incorporating feminist theories and methods could have made property law more just and equitable for women and marginalized groups. The book also shows how property law is not neutral but is shaped by the society that produces it and the judges who apply it.
Here Stuart Anderson offers a completely fresh interpretation of the manner in which the concepts found in the 1925 property legislation were formed by debates about law reform beginning in the 1840s. Examining the texts of the statutes with a historian's eye, he explains how the statutes were enacted, by whom, and for what reasons. The result is both a work of legal history and a commentary on modern English land law.
How could feminist perspectives and methods change the shape of property law? This volume assembles a group of diverse scholars to explore this question by presenting fundamental property law cases rewritten from a feminist perspective. The cases cover a broad range of property law topics, from landlord-tenant rights and obligations, patents, and zoning to publicity rights, land titles, concurrent ownership, and takings. These rewritten opinions and their accompanying commentaries demonstrate how incorporating feminist theories and methods could have made property law more just and equitable for women and marginalized groups. The book also shows how property law is not neutral but is shaped by the society that produces it and the judges who apply it.
Disability offers a new lens through which to view the effectiveness of access to justice, and the inclusiveness of the justice system as a whole. This book analyses the experience of people with disabilities through the entire justice system, from making a complaint, to investigation, and through the court/tribunal process. It also considers the participation of people with disabilities in a variety of roles in the justice system - as witness, defendant, complainant, plaintiff, lawyer, judge and juror. More broadly, it also critically examines the subtle barriers of access to justice which might exist in a given society - including barriers to grassroots disability advocacy, legal education and training, the right to vote and the right to stand for election which may apply to people with disabilities. The book is international and comparative in scope with a focus primarily on examples of legal practice and justice systems in common law countries. The work will be of interest to scholars working in the areas of human rights, equality and non-discrimination, disability rights activists and legal professionals who work with people with disabilities to achieve access to justice.
The Routledge Handbook of Contemporary Issues in Expropriation reviews the contemporary major issues involving expropriation (eminent domain/compulsory purchase) in an international context. Expropriation is a right reserved to all governments, and, thus, it has an impact on all societies. This book, the first of its kind, considers the essential issues from the point of view of both developing and developed countries, and their needs for major infrastructure projects. The content covers major issues, principles and policies and includes the experiences of and examples from different countries and regions, including Australia, Asia, China, Europe, India and the USA. Rather than providing an in-depth examination of individual countries' legal systems, the book focuses on international issues, and also provides a reflection on how national experiences can be related to global needs. Key themes include: Nature and quantum of compensation * Land rights and the acquisition of traditional land rights * Issues surrounding 'public interest' *Alternatives to expropriation *The future: "good practice", debate and reform. This handbook is an essential resource for students and researchers in the areas of land policy, land law, property law and rights, and international development.
Assets of community value are buildings or other land nominated under the Localism Act 2011 by a voluntary or community body with a local connection and listed by the local authority because their use is considered to further the social wellbeing or social interests of the local community. They are given a number of different forms of protection. This book provides guidance on the interpretation and application of the relevant provisions. It sets out both legal and practical guidance, drawing together in one place the relevant principles from the Act, the accompanying Regulations, other primary and secondary legislation, Government guidance, the case law and elsewhere. It provides assistance to a number of different groups: to those who wish to nominate a building or other land for listing as an asset of community value, to landowners who may wish to resist the listing of their property, to local authorities who have to determine the nomination and resolve any disputes, and to the professionals who advise them. The first book to deal in detail with this area, Assets of Community Value: Law and Practice: * offers in-depth guidance, saving much time-consuming research * deals rigorously with the relevant legal principles, drawing on other areas of law to offer suggested answers to many unresolved questions * provides practical guidance, firmly rooted in legal principle, for how to deal with many of the issues which arise, some of which involve difficult points of law and interpretation * addresses in detail the ever-increasing case law of the First-tier Tribunal and Upper Tribunal in this area.
In this timely book, Walter E. Block uses classical liberal theory to defend private property rights. Looking at how free enterprise, capitalism and libertarianism are cornerstones of economically prosperous civilizations, Block highlights why private property rights are crucial. Discussing philosophy, libertarian property rights theory, reparations and other property rights issues, this volume is of interest to academics, students, journalists and all those interested in this integral aspect of political economic philosophy.
The practical importance of intangible personalty such as debt, bonds, equities, futures, derivatives and other financial instruments has never been greater than it is today. The same may be said of interests in intellectual property. Yet the assignment of these intangible assets from one to another remains difficult to understand. Assignments are often taken to operate as a form of transfer akin to conveyances of legal titles to tangible personalty. However, this conception does not accurately reflect the law of assignment as it has developed in the caselaw in England and Wales. This book sets out a different model of the workings of assignments as a matter of English law, one that provides an analytical, yet historically sensitive, framework which allows us to better understand how, and why, assignments work in the way the cases tell us they do.
This book demonstrates the importance of Leon Duguit for property theory in both the civil and common law world. It translates into English for the first time ever Duguit's seminal lecture on property, the sixth of a series given in 1911 in Buenos Aires. It also collects essays from the leading experts on the social function of property in major civil and common law jurisdictions internationally. The book explores the importance that the notion of the social function of property has come to have not only in France but in the entire civil law tradition, and also considers the wide - if un-attributed and seldom regarded - influence in the common law tradition and theory of property.
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.
Property enhances autonomy for most people, but not for all. Because it both empowers and disables, property requires constant vigilance. A Liberal Theory of Property addresses key questions: how can property be justified? What core values should property law advance, and how do those values interrelate? How is a liberal state obligated to act when shaping property law? In a liberal polity, the primary commitment to individual autonomy dominates the justification of property, founding it on three pillars: carefully delineated private authority, structural (but not value) pluralism, and relational justice. A genuinely liberal property law meets the legitimacy challenge confronting property by expanding people's opportunities for individual and collective self-determination while carefully restricting their options of interpersonal domination. The book shows how the three pillars of liberal property account for core features of existing property systems, provide a normative vocabulary for evaluating central doctrines, and offer directions for urgent reforms.
The Crown, in its varied manifestations, is the principal landowner in England. It is active as occupier, landlord, seller, buyer, tenant and licensee and Crown bodies have a policy of positive management of their land. The Government Property Agency was formed in 2018 to rationalise the government estate, arranging for the disposal of surplus land, helping to relocate offices and advising generally in a way comparable to a commercial real estate company. Likewise the Crown Estate Commissioners and the Duchies of Lancaster and Cornwall constantly review their holdings to dispose of unsuitable investments in land and acquire new ones. Crown and Government Land: Prerogative, Statute and Common Law is an indispensable reference work for anyone interested in this complex area of law. The book sets out the general principles that govern the way the law applies to Crown land. It looks at the structure and constitution of the various authorities which manage that land, outlines the principal types of ownership, and discusses Crown immunity in relation to acts of Parliament. It describes the rules governing particular types of property such as minerals, forestry, the foreshore and sea bed, defence facilities and land of public interest including the royal parks and palaces. The book examines the application of equitable rights and trusts to Crown land and the right to ownerless property and discusses the special rules relating to Crown conveyancing and property litigation.
This book presents an international comparison of legal responses to the issue of vacant housing in Japan, the USA, France and Germany. While vacant housing is a shared problem in these four countries, the origin and context of the problem, as well as the focus of legal responses, differ considerably. Presenting the outcomes of an international symposium, this book explores different legal approaches (private/public law, federal/national/municipal governments, demolition/expropriation/requisition/planning) taken in the respective jurisdictions. It is highly recommended to readers whose work involves practical issues concerning vacant housing and who are interested in theoretical aspects of property law, building law and administrative law. The book also includes a chapter exploring the implications of the "tragedy of the commons/anticommons" for contemporary land use issues in Japan such as landscape protection, area management and unclaimed land. |
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