This succinct, practical and up-to-date book is an introduction to the complex area of public rights of way. It is aimed at practitioners, lawyers and surveyors, who are not necessarily experts in this area of law, but who may have to deal with rights of way in conveyancing transactions, land management or planning matters. The book will also be useful for those landowners, farmers and those working for local authorities. For this reason, the book does not follow the conventional pattern of dividing the chapters into subject topics, but looks at the law from the angle of the landowner, the purchaser, the public users of the rights and the local authority. There will, of course, be some chapters which will be relevant to all parties. Sections 20 to 26 of, and Schedule 7 to, the Deregulation Act 2015 will introduce many changes to the recording of public rights of way. The provisions were originally expected to come into force in April 2016. Although the relevant regulations are still awaited, the book covers the prospective legislation.

In this groundbreaking book, Frank K .Upham uses empirical analysis and economic theory to demonstrate how myths surrounding property law have blinded us to our own past and led us to demand that developing countries implement policies that are mistaken and impossible. Starting in the 16th century with the English enclosures and ending with the World Bank's recent attempt to reform Cambodian land law - while moving through 19th century America, postwar Japan, and contemporary China - Upham dismantles the virtually unchallenged assertion that growth cannot occur without stable legal property rights, and shows how rapid growth can come only through the destruction of pre-existing property structures and their replacement by more productive ones. He argues persuasively for the replacement of Western myths and theoretical simplifications with nuanced approaches to growth and development that are sensitive to complexity and difference and responsive to the political and social factors essential to successful broad-based development.

This essay by William Ernest Montgomery won the Yorke Prize awarded by the Faculty of Law in the University of Cambridge in 1888 and was first published the following year. The text covers the history of laws concerning property in Ireland from the time of the Irish Celts onwards, citing statutes dating back to the time of Edward I. This book will be of value to students of Irish law, legal history, or anyone with an interest in the legal ramifications of the English occupation of Ireland.

Written by an author who has extensive experience in private practice, the Land Registry, and the academic sector, Land Registration Manual is an authoritative source of technical and practical advice on all matters relating to registered land and interests affecting it. The book's alphabetical (A to Z) approach allows practitioners to zoom in on the specific topic they are dealing with, knowing that the book will provide useful background commentary, along with clear guidance on the form and content of relevant Land Registry applications specific to that topic. The topics are geared to aspects of day-to-day practice rather than academic areas of law - making the book more accessible and more relevant to the needs of busy practitioners. Fully updated to take account of all the changes in land registration law and practice, including those introduced by the Land Registration (Amendment) Rules 2018, Land Registration Manual covers not only the usual subjects, but also many less frequently encountered topics which are often not covered elsewhere. Thus, its coverage extends not only from transfers to leases, but from bare trusts to franchises; options to powers of attorney; and chancel repair to embankments and sea walls. Each topic contains accurate commentary to aid understanding and clear guidance on the relevant applications which may need to be made to complete a transaction or protect a client's interests. The book also contains all the current versions of the standard form restrictions and the prescribed lease clauses, along with a list of Land Registry forms and other useful information, making Land Registration Manual an invaluable 'one-stop' source of guidance for busy practitioners of all levels of experience. It will enable them to research topics and deal with matters quickly, efficiently and effectively.

This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.

Entstaatlichung, Finanzkrise und demographischer Wandel werden in Politik, Verwaltung und Wissenschaft heute intensiv diskutiert. Resignative Toene sind allgegenwartig. Wo aber sind Chancen zu erkennen? Es geht um Verantwortung in einer neuen Zivilgesellschaft! Hier gewinnt der Dritte Sektor, das Steuerungselement neben Staat und Markt, an Bedeutung: nicht macht- und nicht gewinnorientiert. Von historischen Reflexionen am Beispiel einer mittelalterlichen Stadt uber den Umgang mit alltaglicher Lebensfuhrung in der regionalen Planung oder den Tucken des kommunalpolitischen Alltags bis hin zu der Bedeutung akademischer Bildungseinrichtungen fur eine Region vereint der Band Handlungsstrategien im Kommunalen und Regionalen. Allen Beitragen eigen ist die UEberlegung, dass den kleinteiligen raumlich-gesellschaftlichen Formationen unter den aktuellen Bedingungen eine besondere Aufmerksamkeit zukommen muss.

An innovative and timely guide to housing law that integrates the disciplines of law and public policy so that readers see how the subject fits together - both the letter of the law and the way it is practised. The innovative three-part structure covers all the topics of a typical Housing Law module and it is written in a clear and conversational style, with a wide range of source material to show how the law is created, interpreted and used in real life. Students are expertly guided through the complexities of housing law by a leading academic who has taught the subject for more than 20 years. Where relevant, chapters end with a section on 'the future' that discusses proposed changes to the law and the impact of those changes. It also discusses the conceptual issues raised by the Human Rights Act.

Two remarkable phenomena have affected the practice of planning over the past two decades: the rise of public involvement as an integral component of urban decision making, and the technological innovations that enable the visualization and simulation of physical reality. This book will assist urban professionals, public sector leaders, and the public to navigate two complex and evolving fields: public involvement and digital visualization as applied to planning. It suggests ways that digital visualization tools can be integrated in a public process to present participants with clear choices and help them make informed planning decisions. Based on the authors' experiences in developing sophisticated public involvement processes and applying 3D GIS-based simulation and visualization tools to planning and design, the book features more than 100 color illustrations and case studies of four communities: Santa Fe, Houston, Kona (Hawaii), and Baltimore.

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.

For every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law.

In Colonial Lives of Property Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.

Professor Milsom works out a fresh view of the beginnings of the common law concerning land. The received picture depends upon progressive assumptions: key words began with their later meanings; the law began with abstract ideas of property; a tenant's title to his tenement was never subject to his lord's control; the lord had no discretion, only the power to decide disputes according to external criteria; jurisdiction in that sense was all the lord lost as royal remedies developed; and all the tenant gained was better protection of unaltered rights. It is a picture of procedural changes taking place against an unchanging background, with the feudal structure at the beginning almost as insubstantial as it was to be at the end.

This is a comprehensive survey of medieval English mortmain legislation from both the point of view of the crown and that of the Church. It examines methods of enforcement and evaluates their success. It traces the emergence of licensing policies and the increasing exploitation of licences for fiscal purposes, while at the same time establishing that this was not their original purpose. The extent to which the Church was acquiring land on a threatening scale by the later thirteenth century is questioned, and the effects of the legislation on subsequent acquisition are assessed against the background of new fashions in ecclesiastical patronage and a more hostile economic climate. The statutes of 1279 and 1391 are well known. What this study shows is how much variation lay behind the apparently straightforward system of licensing and how closely the issue of mortmain tenure was related to wider social, political and economic considerations.

How the American government has long used financial credit programs to create economic opportunities Federal housing finance policy and mortgage-backed securities have gained widespread attention in recent years because of the 2008 financial crisis, but issues of government credit have been part of American life since the nation's founding. From the 1780s, when a watershed national land credit policy was established, to the postwar foundations of our current housing finance system, American Bonds examines the evolution of securitization and federal credit programs. Sarah Quinn shows that since the Westward expansion, the U.S. government has used financial markets to manage America's complex social divides, and politicians and officials across the political spectrum have turned to land sales, home ownership, and credit to provide economic opportunity without the appearance of market intervention or direct wealth redistribution. Highly technical systems, securitization, and credit programs have been fundamental to how Americans determined what they could and should owe one another. Over time, government officials embraced credit as a political tool that allowed them to navigate an increasingly complex and fractured political system, affirming the government's role as a consequential and creative market participant. Neither intermittent nor marginal, credit programs supported the growth of powerful industries, from railroads and farms to housing and finance; have been used for disaster relief, foreign policy, and military efforts; and were promoters of amortized mortgages, lending abroad, venture capital investment, and mortgage securitization. Illuminating America's market-heavy social policies, American Bonds illustrates how political institutions became involved in the nation's lending practices.

This book traces the development of the standard property rights over five kinds of natural resource - inland rivers, ocean fisheries, petroleum resources, gold and base metals and forest resources - from classical times through to the 19th century. Completely private resources and those in the public (or Crown) lands are given equal attention and a simple supply-and-demand model is used to explain how property rights are altered over time.
Scott also provides the reader with a unique set of characteristics for defining rights and numerous case studies and examples of their evolution, highlighting the increasing recourse to common law courts and government legislation and the problems caused by competing demands on the same, limited resources. This book provides a unique insight into the historical development of property rights and makes a special plea for the multiple-purpose and multi-owner management of resource rights. It will provide a valuable resource for those interested in resource management, economic history, property rights, and development.

The longest running law revision series, trusted by students for over 30 years, Nutshells present the essentials of law clearly and concisely in a memorable and user friendly way. The ideal companionboth for getting up to speed with a new topic of law and preparing for law exams. This is the law in a nutshell!

The longest running law revision series, trusted by students for over 30 years, Nutshells present the essentials of law clearly and concisely in a memorable and user friendly way. The ideal companionboth for getting up to speed with a new topic of law and preparing for law exams. This is the law in a nutshell!

There has always been much controversy surrounding property rights in legal and political philosophy. Thinkers such as Plato, Locke, Kant, Hegel and Marx have all offered different views on the idea of property. This collection of essays, written by some of the most eminent scholars in the field, examines the most central issues of property theory from a variety of perspectives. The essays discuss whether property may be dissipated or used imprudently with impunity, and analyse how a person's property should be distributed after death. They survey the economic landscape of intellectual property and show that Locke's celebrated justification for private property falters when it comes to copyrights and patents. They also demonstrate how important it is that institutions of property be carefully justified. The variety and originality of these essays are evidence that the theory of property is one of the most exciting areas of intellectual inquiry in the humanities and social sciences.

Fee tails were a basic building block for family landholding from the end of the thirteenth to the beginning of the twentieth century. The classic entail was an interest in land which was inalienable and could only pass at death by inheritance to the lineal heirs of the original grantee. Biancalana's study considers the origins, development and use of the entail in later medieval England, and the origins and early use of a reliable legal mechanism for the destruction of individual entails, the common recovery. He untangles the complex history surrounding medieval landholding in this detailed study of the fee tail, the product of extensive research in original sources. This book includes an extensive index of over three hundred common recoveries with discussions of their transactional contexts. A major work which will interest lawyers and historians.

Non-Performing Loans, Non-Performing People tells the previously untold stories of those living with mortgage debt in times of precarity and explores how individualized indebtedness can unite resistance in the struggle toward housing justice. The book builds on several years of Melissa Garcia-Lamarca's engagement with activist research in Barcelona's housing movement, in particular with its most prominent collective, the Platform for Mortgage-Affected People (PAH). What Garcia-Lamarca learned from fellow activists and the movement in Barcelona pushed her to rethink how lived experiences of indebtedness connect to larger political- economic processes related to housing and debt. The book is also inspired by feminist scholars who integrate the lens of everyday life into explorations of contemporary political economy and by anthropologists who connect macroprocesses to lived experience. Distinctive in how it integrates a racialized, gendered, and decolonial perspective, Garcia-Lamarca's research of mortgaged lives in precarious times explores two principal phenomena: first, how financial speculation is experienced in the day-to-day and differentially embedded in the dynamics of (urban) capital accumulation, and second, how collective action can unleash the liberating possibility of indebtedness.