Property law: general Books

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Book SynopsisWritten by a leading authority in the area, A Practical Approach to Conveyancing offers a detailed and up-to-date account of the key principles and procedures underpinning the practice of conveyancing. It takes a pragmatic, rather than academic, approach to conveyancing, providing practical solutions to everyday problems encountered by conveyancing practitioners wishing to offer a cost-effective and efficient service. Combining coverage of residential and commercial conveyancing, this book provides highly practical guidance on each stage and is fully supported by sample documentation, enabling the reader to approach all aspects of the conveyancing process with ease and confidence.Now in its twenty-third edition, this book has firmly established itself as a core text supporting the study of the Legal Practice Course. Fully updated with the latest changes affecting the conveyancing process, this classic text is essential reading for all trainee or qualified solicitors, legal executives,

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Book SynopsisRoger J. Smith taught law at Magdalen College, Oxford, for many years.    Table of Contents Acknowledgement Table of cases Table of statutes Table of statutory instruments Part I Introducing property law Chapter 1 Basic property principles Chapter 2 The central concerns of property law Chapter 3 Human rights Chapter 4 Trusts and equitable interests Chapter 5 Property interests Chapter 6 The role of legislation and registration for land interests Part II General principles: creation and transfer of property interests Chapter 7 Original acquisition of property interests Chapter 8 The transfer and creation of property interests Chapter 9 Formalities: rationale and trusts Chapter 10 Formalities: estoppel Chapter 11 The family home Chapter 12 Purchasers: general principles and the need for registration Chapter 13 Purchasers: registration of title Part III Rights to enjoy land: estates and commonhold Chapter 14 Successive and concurrent interests: introduction Chapter 15 Joint tenancy and tenancy in common Chapter 16 Trusts of land Chapter 17 Successive interests Chapter 18 Leases: types and requirements Chapter 19 Leases: obligations and remedies Chapter 20 Leases: parties and the running of covenants Chapter 21 Commonhold Part IV Other interests in land Chapter 22 Licences Chapter 23 Easements and profits Chapter 24 Covenants Chapter 25 Mortgages Index

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Book SynopsisHow the medieval right to appoint a parson helped give birth to English common lawTrade Review“A praiseworthy and original investigation of a subject that straddled the line between secular and spiritual: the early history of the English common law of advowsons.”—R. H. Helmholz, University of Chicago Law School“It has been a great pleasure to watch what began as a tentative, but intriguing, doctoral dissertation turn through a series of articles on seemingly small points into the small masterpiece that is this book.”—Charles Donahue Jr., Harvard Law School

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Book SynopsisThe 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!

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Book SynopsisThis 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.Table of ContentsPreface List of Abbreviations Basic Information Rights of the Public Creation of Rights of Way Purchaser Landowner, Tenant and Occupier Diversions and Extinguishments Highway Authority Surveying Authority The Planning Inspectorate Natural England: Diversions for Sites of Special Scientific Interest and Coastal Access Further Reading

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Book SynopsisPsychodynamic Psychotherapy is the first book designed to teach therapists how to listen and intervene from multiple perspectives. Through study and analysis of session transcripts, the reader learns how to listen and formulate interpretations from four different perspectives: reflection, analysis of conflict, analysis of transference, and analysis of defense. Each listening approach is introduced with a brief chapter illustrating the rules of intervention followed by therapy transcripts, which the reader studies and analyzes. By studying the transcripts, answering the questions in the material, and comparing his answers with those provided by the author, the reader will learn how to reflect, analyze conflict, interpret the transference, and analyze the defenses. Beginning therapists can use this book to acquire listening and intervention skills. Advanced therapists will enjoy studying and comparing listening approaches from a meta-theoretical perspective. Psychodynamic PsychotTable of ContentsIntroduction: What Do We Do When We Listen? Theory or Reflection. Reflection Studies. Theory of the Analysis of Conflict. Conflict Studies. Theory of the Analysis of Transference. Transference Studies. Theory of Defense Analysis. Defense Analysis Studies. Studies in Flexibility of Listening. Harnessing Thinking and Intuition.

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Book SynopsisWhy are we still arguing over the Parthenon Marbles? This book offers a fresh take on the history of those famous pieces of ancient sculpture removed from the Acropolis in Athens by Lord Elgin’s men in the early 19th century. It explains how they became the cause célèbre of the larger debates around cultural heritage and restitution now taking place. The subject is one that is currently embroiling museums, governments, universities and the public at large. Herman provides a balanced, thorough and critical account of the history of the Marbles, while considering the legalities of their initial removal and the ethics of their retention by the British Museum. It incorporates the views of curators, museum directors, lawyers, archaeologists, politicians and others in both London and Athens. It explains why this particular dispute has not been satisfactorily resolved, and suggests new ways of seeking resolution – for the Parthenon Marbles and for the many other cultural treasures held in museum collections outside their countries of origin. The book sets out a way forward for this famously intractable dispute, one based on evidence of past practice, legal rules around the transfer of cultural objects and the role of museums in negotiating international exchanges.Trade ReviewEssential reading for those interested in the dispute, and indeed in the wider debate around repatriation of cultural objects. -- James Morton * The Times *[An] even-handed and refreshing approach to this immensely complex dispute … An important contribution has been made to identify areas of compromise that might help resolve this long-running dispute. * Returning Heritage *Alexander Herman has written a lucid and engaging guide to the world’s longest-standing cultural dispute. Like so many of us, he hopes for its resolution, and is scrupulously fair and even-handed in explaining how this might happen. * Barnaby Phillips, author of 'Loot: Britain and the Benin Bronzes' *Anyone with an interest in world history and cultural heritage will learn a lot from reading this careful study of the world's toughest argument over art and restitution. Its approach is both rigorous and empathetic, an impressive combination. * Bruce Clark, Economist writer on history, culture and ideas, Author of 'Athens: City of Wisdom' *It is a remarkable achievement to write with such balance and authority on so fraught a question, even more impressive when so many believe they have an answer; from now on no-one should venture an opinion without reading this gripping and important analysis. * Sir Alan Moses, former Lord Justice of Appeal and co-chair of the UK's Spoliation Advisory Panel *Table of ContentsIntroduction: A Matter Yet Unresolved 1. From the Slopes of Mount Pentelikos 2. A Story with Neither Hero Nor Villain 3. A Firman by Any Other Name 4. Albion's Verdict 5. The History of a Claim 6. The (un)titled Masterpiece 7. Wellington and International Law 8. The View from Athens 9. Inside the British Museum 10. Resolving the Dispute

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Book SynopsisThis new book is a concise and practical guide to the procedural rules that apply to cases in the Property Chamber of the First-tier Tribunal. Including procedures to be followed in leasehold, land registration, agricultural and residential cases, it will enable practitioners to get to grips with the rules that apply to their particular case in the tribunal, and what they need to know to prepare accordingly. Included in the book are useful summaries of the types of cases dealt with by the First-tier Tribunal, tables setting out the prescribed forms relating to common disputes before the tribunal; explanations of the extent of the tribunal's jurisdiction and chapters dealing with costs and appeals. This book is the only practical guide available covering property cases in the First-tier Tribunal.Table of Contents1. Introduction; 2. Rules and procedure; 3. Residential Property; 4. Park home cases; 5. Leasehold management disputes; 6. Enfranchisement; 7. Land registration; 8. Agricultural land and drainage; 9. Business tenancy renewals; 10. Building Safety Act 2022; 11. Costs in the First-tier Tribunal; 12. Appeals and other applications made following the final decision of the First-tier Tribunal. APPENDICES.

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Book SynopsisThis crucial training manual gives support staff and paralegals a deeper understanding of the legal principles, regulations and good practice underlying residential conveyancing procedures and a sound grasp of the risks associated with their work.

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Book Synopsis'A delicious book.' Jared DiamondWho controls the space around an aeroplane seat: you or the person behind you trying to work on their laptop? Who owns your favourite football player? And why do Facebook and Google want your private data?In Mine! Michael Heller and James Salzman reveal the hidden economic and social rules that guide everyday life, demonstrating that much of what we assume about ownership is wrong. Whether a lost wallet, a playground swing or a London flat, Mine! explores what ownership means and why it governs everything we do.Trade ReviewThis delicious book will guide you through the confusing maze of ownership disputes that bedevil our daily lives. * Jared Diamond, Pulitzer-winning author of Guns, Germs and Steel *Mine! does for ownership what Dubner and Levitt's Freakonomics did for money: it shows you the world through a different lens... Its ideas will certainly get your brain whirring. * Sunday Times *Mine! is one of those rare and treasured books that make you feel smarter and change the way you see the world. I haven't had an experience like this as a reader since Freakonomics. A rollicking good read, filled with amazing stories about the secret rules of ownership and why they work in unexpected ways. * Barton Gellman, three-time winner of the Pulitzer Prize and author of Dark Mirror *Who knew there are hidden rules of ownership controlling our lives? I didn't until I read this fascinating, illuminating book. I'm very glad I did. * Robert Cialdini, bestselling author of Influence *Fascinating... It's immensely clarifying, beautifully written, and perfectly timed -- and it might improve the world to boot. * Cass R. Sunstein, bestselling co-author of Nudge *With vivid stories and memorable insights, Heller and Salzman decode legal rules about ownership much as Freakonomics decodes economics and psychological rules of incentives. * Martha Minow, Former Dean, Harvard Law School *Wonderful * Forbes *Enjoyable, well-written and with a deftness of touch that belies the radical re-examination of property rights at its heart. * Financial Times *Table of Contents0: Introduction: Who Gets What and Why 1: First Come, Last Served 2: Possession Is One-Tenth of the Law 3: I Reap What You Sow 4: My Home Is Not My Castle 5: Our Bodies, Not Our Selves 6: The Meek Shall Inherit Very Little 7: The Future of Ownership-and the World 8: Epilogue: The Toddler's Rules of Ownership

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Book SynopsisThe Property Law LPC manual combines accessible overviews of the conveyancing procedure with a pragmatic approach. Enhanced by realistic case studies, examples, and professional conduct points throughout, this text equips the reader with the knowledge and skills required to conduct conveyancing transactions in practice.

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Book SynopsisLand Law: Text, Cases, and Materials has been designed to provide students with everything they need to approach their land law course with confidence. Experts in the area, the authors combine clear and insightful commentary with carefully chosen extracts to offer students a full account of the subject.Using the popular Text, Cases and Materials format the authors take a critical approach to the subject, presenting thought-provoking analysis of the leading case-law in the area and inviting students to develop their own analytical skills ready for exams. The book can be used as a stand-alone resource, or as a complement to Land Law: Core Text, written by the same authors.Covering a broad range of topics, the authors have used their unique approach to land law to provide a consistent structure with which students and lecturers can tackle the subject. This approach arms students with the tools needed to analyse content autonomously by seeing how individual rules fit into a broader structuTrade ReviewVery useful at all stages of study, from pre-reading, lecture revision, seminar reading, essay writing to exam preparation. * Dr Lu Xu, Senior Lecturer, Lancaster University *A first rate book, thorough treatment of the topics, stimulating and scholarly. * Rod Edmunds, Senior Lecturer, Queen Mary University of London *Table of ContentsPart A: Introduction 1: What's special about land? 2: What is land? 3: Registration Part B: The Content Question 4: Human rights and land 5: Legal estates and legal interests 6: Equitable interests 7: Personal rights: Licences Part C: The Acquisition Question 8: Formal methods of acquisition: contracts, deeds, and registration 9: Adverse possession 10: Proprietary estoppel 11: Trusts Part D: The Shared Home 12: Interests in the home: the acquisition question 13: Regulating co-ownership: the content question 14: Co-ownership and third parties: applications for sale Part E: Priority: The Defences Question and Land Registration 15: The priority triangle 16: Priorities in registered land 17: Co-ownership and priorities: the defences question 18: Reform of the land registration act 2002 Part F: Leases 19: Leases 20: Regulating leases and protecting occupiers 21: Leasehold covenants Part G: Neighbours and Neighbourhoods 22: Easements 23: Freehold covenants 24: Flat ownership: long leases and commonhold Part H: Security Interests 25: Security interests in land 26: Lender's rights and remedies 27: Protection of borrower

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Book SynopsisThis is the first book to fully present, analyse and interpret the Dubai real estate market. Dubai is fast becoming one of the world's most attractive places to invest in real estate and this book examines the market from three interlinked sectors that drive its performance: occupiers, investors and developers. It examines the market's historical growth and lays the foundations to examine future trends. The book provides a synopsis of Dubai's market practices, economic trends and social change that impacts the value of real estate. Chapters also debate issues such as property investment, house price performance, local valuation practices, spatial planning, the economics of the city, market practices and regulation, property-led economic growth and future trends such as sustainability and digitalization. This book offers a comprehensive, in-depth and up-to-date account of the Dubai property market and presents a full assessment of the investment potential of Dubai real estate. It is a mTable of ContentsPrefacePart A: Contextualising the Dubai real estate marketChapter 1: How did Dubai become a leading global real estate market?Chapter 2: Property market activityPart B: Analysing the Dubai property marketsChapter 3: ResidentialChapter 4: Building a global residential portfolio with Dubai real estateChapter 5: CommercialPart C: Professional practicesChapter 6: Sale, purchase and leasing practices in DubaiChapter 7: Managing a global commercial real estate portfolio in DubaiChapter 8: Property dataChapter 9: Property valuation, methods and techniquesChapter 10: Real estate development processes in DubaiPart D: Future directionsChapter 11: SustainabilityChapter 12: The future of Dubai as a Smart City

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Book SynopsisThis book examines property legislation and the actual position of women in receiving, holding and passing on family property as daughters, wives and as widows throughout history.Table of Contents1. IntroductionBeatrice Moring2. Property ownership: an indicator of French immigrant women’s empowerment process in California, 1880-1940Marie-Pierre Arizzabalaga3. Women, testamentary succession and property in Southern Spain in the 18th centuryRaquel Tovar Pulido4. Women, Family and Family Property in Preindustrial Urban Northern EuropeBeatrice Moring5. Authority over the whole estate - a study of applications to remain in undivided estate, Norway 1814-1851Hilde Sandvik6. Ante nuptial contracts, marriage and female agency in Cape Town 1924-1961Amy Rommelspacher7. Women and property in pre-unification Italy: a long-term overview of norms and practicesBeatrice Zucca Micheletto8. The Legacy Duty of 1796: windows into the wealth of widows and spinsters at death in the late 18th and the early 19th centuryLloyd Bonfield9. Property ownership by widows, a study of nineteenth century inheritance practices on the island of Sao Jorge (Azores archipelago) PortugalPaulo Teodoro de Matos and Ana Mafalda Lopes

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Book SynopsisAlways 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.Table of ContentsPreface to the Seventh Edition; Acknowledgements; Table of Abbreviations; Useful Websites; Table of Statutes; Table of Statutory Instrument; Table of Cases; 1. Trusts Introduced; 2. The Evolution of the Private Express Trust; 3. Creating the Trust – I; 4. Creating the Trust – II; 5. Trusts and Public Policy; 6. Flexibility in Relation to Beneficial Entitlement; 7. An Introduction to Trustees and Trusteeship; 8. Aspects of the Management of Trusts; 9. Trusteeship, Control and Breach of Trust; 10. Implied Trusts and the Family Home; 11. Trusts in Commerce I: Commerce and Equitable Remedies; 12. Trusts in Commerce II: Commerce, Credit and the Trust; 13. Trusts in Commerce III: Fiduciary Relationships, Commerce and the Trust; 14. Trust, Contract and Unincorporated Associations; 15. An Introduction to the Law of Charity; 16. The Legal Definition of 'Charity'; 17. Trusts – an International Dimension; Index

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Book SynopsisMajor land reform programs have reallocated property in more than one-third of the world''s countries in the last century and impacted over one billion people. But only rarely have these programs granted beneficiaries complete property rights. Why is this the case, and what are the consequences? This book draws on wide-ranging original data and charts new conceptual terrain to reveal the political origins of the property rights gap. It shows that land reform programs are most often implemented by authoritarian governments who deliberately withhold property rights from beneficiaries. In so doing, governments generate coercive leverage over rural populations and exert social control. This is politically advantageous to ruling governments but it has negative development consequences: it slows economic growth, productivity, and urbanization and it exacerbates inequality. The book also examines the conditions under which subsequent governments close property rights gaps, usually as a result of democratization or foreign pressure.Trade Review'Low productivity in agriculture condemns many countries and regions to poverty. This erudite book combines history and detailed data analysis to show that low productivity is often caused by a property rights gap, created by regimes trying to cultivate large masses of peasants dependent on them. The book explains where these missing property rights in land emerge, what they imply for inequality and poverty, and how they can be overcome. This is first-rate social science that should inform modern debates on development and policy.' Daron Acemoglu, Massachusetts Institute of Technology'In this landmark study, based on more than a decade of intrepid fieldwork and imaginative analysis of the most comprehensive dataset on rural property rights ever assembled, Michael Albertus systematically unravels the great puzzle of why so many states fail to provide secure property rights over land to their citizens. This pathbreaking book convincingly exposes the political motives that lead governments to open and maintain wide gaps in property rights, and that induce democracies to close them.' Larry Diamond, Stanford University'This outstanding book makes the case for understanding why governments distribute land but not secure property rights to rural dwellers. These property rights gaps are of great consequence throughout the developing world. Yet they are poorly understood. Whereas these gaps are often attributed to misguided policy or state weakness, Albertus makes a compelling case that they are rooted in political choices, often aimed at sustaining autocracy. This book is essential reading for anyone interested in the politics of rights and redistribution.' Steven Levitsky, Harvard University'Around the world millions of rural dwellers live in a state of limbo in which they receive property but few if any rights over that property. With a broad comparative perspective, this book offers a novel theory, in-depth case studies, and sophisticated empirical analyses about this important phenomenon. It is a must-read for those interested in development, political regimes, land reform and the politics of economic redistribution.' Beatriz Magaloni, Stanford University'… book's overall quality will likely make it an influential contribution to the literature of rural politics for many years. Highly recommended.' D. Newcomer, ChoiceTable of Contents1. Introduction; 2. Conceptualizing and Measuring the Property Rights Gap; 3. The Political Origins of the Property Rights Gap; 4. Evidence on the Rise and Fall of Property Rights Gaps in Latin America; 5. Consequences of the Property Rights Gap; 6. Opening and Closing a Property Rights Gap in Peru; 7. The Long-Term Consequences of Peru's Property Rights Gap; 8. Property Rights Gaps Around the World; 9. Conclusion.

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Professor Charles Wild (PhD, MBA, LLM) is Dean of the School of Law and Head of the Centre for International Law at the University of Hertfordshire. He teaches Company Law to LLB and LLM students, undertakes postgraduate research supervision and is widely published in the area.   Stuart Weinstein (JD, MBA) is Associate Dean (Research & Commercial Enterprise) of the Law School at the University of Hertfordshire and is also a practising solicitor/attorney with over twenty years' practice experience in the US, UK and Korea. He regularly teaches accountants and non-lawyers in the UK and on overseas programmes throughout the world.

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Book SynopsisHow did Chicago, a city known for commerce, come to have such a splendid public waterfrontits most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront''s evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago''s history but also the law''s part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become tTrade ReviewKearney and Merrill cogently present all of the complexities, including key doctrinal debates about whether the state owned submerged lands over tidal waters or navigable-in-fact waters. The text is lively, with the authors recounting behind-the-scenes activities in the legislature and incorporating newspaper accounts. * Natural Resources & Environment *This highly readable text offers a fascinating story of what happened in courts of law, lawyers' offices, legislative and other official bodies, and offices of major corporations—as well as through the actions of public-spirited citizens—to produce and preserve this wonderful amenity. Lucid prose nearly void of legalese, adequate illustrations, and abundant footnotes ensure a general popularity for this excellent book. * Choice *Table of ContentsIntroduction 1. The Lake Front Steal 2. The Lake Front Case 3. The Watchdog of the Lakefront 4. The Struggle for Streeterville 5. Reversing the Chicago River 6. North Lake Shore Drive 7. South Lake Shore Drive and Bridging the River 8. The Transformation of the Public Trust Doctrine 9. The Lakefront Today Conclusion

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Book SynopsisThe renewal of business tenancies is subject to compliance with strict legal requirements including technical statutory procedures, time-limits, and the service of prescribed notices and forms. This book unravels the complexity of the legal requirements.

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Book SynopsisBuilding Safety Act 2022 and ancillary regulations are causing problems and confusion for conveyancers and other property professionals. This book provides an overview of the Act and focuses on key issues for property lawyers, including those advising house purchasers, leaseholders and managing agents, landlords and tenants or property developers.

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Book SynopsisInge Kroppenberg nimmt die gestiegene Bedeutung der Testierfreiheit in der "Erbengesellschaft" zum Anlass, die dogmatischen Konturen der Gestaltungsbefugnis von Todes wegen herauszuarbeiten. Ihre Untersuchung trägt in dreierlei Hinsicht zu einem neuen Verständnis bei: erstens, indem sie die Testierfreiheit als zivilrechtliches Prinzip vor einer zu stark verfassungsrechtlich geprägten Anschauung in Schutz nimmt. Die Gestaltungsbefugnis von Todes wegen wird in der verfassungsgerichtlichen Rechtsprechung als Verfügungsbefugnis über den Tod hinaus beschrieben. Damit erscheint sie als Fortsetzung des Rechts der Lebenden mit anderen rechtsgeschäftlichen Mitteln und wird zudem mit der Vorstellung eines "Leistungseigentums" verknüpft. Es zeigt sich des Weiteren, dass an die Gestaltungsbefugnis von Todes wegen Strukturmerkmale heran getragen werden, die aus dem Recht der Lebenden stammen, im Erbrecht aber Fremdkörper sind. Das gilt zum einen für den erbrechtlichen Typenzwang, der in Anlehnung an den sachenrechtlichen konzipiert wird. Es gilt aber vor allem für die Anleihen, die beim lebzeitigen Vertragsparadigma gemacht werden und die diachrone Struktur des erbrechtlichen Rechtsgeschäfts außer Acht lassen.Drittens ist es der Autorin um ein genuin rechtsgeschäftliches Verständnis der Testierfreiheit zu tun. Das klingt selbstverständlich, ist es aber nicht. So behaupten familienerbrechtliche Deutungen der Gestaltungsbefugnis von Todes wegen einen Leitbildcharakter der gesetzlichen für die rechtsgeschäftliche Erbfolge. Ihre Interpretation als besonderes Persönlichkeitsrecht des Erblassers zur Todesverarbeitung verengt schließlich den privatrechtlichen Freiheitsraum von Todes wegen inhaltlich auf eine Reflexion über Mortalität.

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Book SynopsisThe California Gold Rush is thought to exemplify the Wild West, yet miners were expert organizers. Driven by property interests, they enacted mining codes, held criminal trials, and decided claim disputes. But democracy and law did not extend to foreigners and Indians, and miners were hesitant to yield power to the state that formed around them.Trade ReviewAndrea McDowell’s engaging study of the ensuing Gold Rush challenges Wild West stereotypes and explains how the miners who poured into California built workable forms of self-government. * Financial Times *An important law and economics study of an ‘anarchistic’ episode, going much deeper than some earlier accounts on matters involving Native Americans, fairness of trials, dispute resolution, miner-mining company interactions, and more. -- Tyler Cowen * Marginal Revolution *[This] book does admirable work unearthing overlooked dimensions of U.S. democracy and frontier law, while enriching our understanding of a storied chapter of American history. -- John Suval * Civil War Book Review *The California mining camps are legendary experiments in self-government. McDowell mines thousands of primary narratives to separate fact from fable and extracts a precise and elegant account of how the miners made laws and enforced them by means of meetings conducted by parliamentary procedure. We the Miners is expert and authoritative on details of miners’ property law and criminal law and of mining technology, and unsparingly detailed about their cruelty to outsiders like Mexicans and Native Americans. It is not likely that there will ever be a better history of the law of the Gold Rush than this one. -- Robert W. Gordon, Emeritus, Stanford Law SchoolRooted in the bold and intriguing idea that the organizational skills of California mining camps transcended the originality of their legal ideas, We the Miners is a provocative, well-argued book. McDowell goes beyond the old question of the nature of mining codes to the processes of meeting and decisionmaking in mining camps, especially in the miners’ use of American ‘parliamentary procedure as a form of governance.’ This wide-ranging, carefully researched work also explores the impact of mining codes on Native Americans and Spanish-speaking miners. Gracefully written with passion as well as fairness, it will appeal to a broad audience. -- Donald J. Pisani, author of Water, Land, and Law in the West: The Limits of Public Policy, 1850–1920

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Book SynopsisWell-selected and authoritative, Hart Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.Table of ContentsPreface Prescription Act 1832 Wills Act 1837 Wills (Soldiers and Sailors) Act 1918 Law of Property Act 1922 Trustee Act 1925 Law of Property Act 1925 Land Registration Act 1925 Landlord and Tenant Act 1927 Leasehold Property (Repairs) Act 1938 Variation of Trusts Act 1958 Law of Property (Joint Tenants) Act 1964 Wills Act 1968 Law of Property Act 1969 Administration of Justice Act 1970 Matrimonial Proceedings and Property Act 1970 Land Charges Act 1972 Administration of Justice Act 1973 Inheritance (Provision for Family and Dependants) Act 1975 Protection from Eviction Act 1977 Criminal Law Act 1977 Limitation Act 1980 Senior Courts Act 1981 Forfeiture Act 1982 Administration of Justice Act 1982 Landlord and Tenant Act 1985 Insolvency Act 1986 Landlord and Tenant Act 1988 Law of Property (Miscellaneous Provisions) Act 1989 Access to Neighbouring Land Act 1992 Landlord and Tenant (Covenants) Act 1995 Treasure Act 1996 Family Law Act 1996 Trusts of Land and Appointment of Trustees Act 1996 Human Rights Act 1998 Trustee Delegation Act 1999 Contracts (Rights of Third Parties) Act 1999 Trustee Act 2000 Land Registration Act 2002 Commonhold and Leasehold Reform Act 2002 Civil Partnership Act 2004 Tribunals, Courts and Enforcement Act 2007 Perpetuities and Accumulations Act 2009 Equality Act 2010 Mortgage Repossessions (Protection of Tenants etc.) Act 2010 Charities Act 2011 Legal Aid, Sentencing and Punishment of Offenders Act 2012 Index

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Book SynopsisIn 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 esseTrade Review'Is it possible that the widely held belief in well-enforced property rights as essential for economic flourishing is not only unfounded but also potentially dangerous? Drawing on studies of five countries, Frank K. Upham mounts an impressive challenge against a seldom-questioned pillar of development theory. The Great Property Fallacy is a great read, and will cause many to rethink the relation between property law and development.' Mary Ann Glendon, Learned Hand Professor of Law, Harvard University, Massachusetts'In this unprecedented comparative and historical treatise, Frank K. Upham integrates case studies across time and space and provides a coherent, persuasive theory highlighting the destruction of property rights in rapidly changing societies. In a clear, concise manner, The Great Property Fallacy reveals the complexity and contingency of property rights and ushers in a new era of understanding property rights in development. It will serve as a foundational work for years to come.' Shitong Qiao, The University of Hong Kong'Frank K. Upham's book provides a critical, compelling evaluation of the conventional wisdom among many law-and-development scholars and aid-and-development agencies: namely, that formalization of private property rights, especially to land, enforced by a strong, competent, and politically independent judiciary, is an indispensable element in effective growth strategies for developing countries. Through highly illuminating case studies from both developed and developing countries (including China), Upham challenges this conventional wisdom by showing that property rights regimes are highly context-specific and idiosyncratic, and that no single model is a precondition for economic development.' Michael Trebilcock, University of Toronto'Frank Upham's book, written by a law professor and sometime World Bank consultant, is … a passionate, personal cri de coeur based on the author's own observations about the missteps committed by those who seek to advance economic development by advancing property rights.' José E. Alvarez, American Journal of International Law'… impressed … focuses instead on whether formal property rights contribute to economic development. The lesson of The Great Property Fallacy is that development is not easy to come by - nations often fail, and even those that have succeeded do not necessarily know what they did right.' Yun-chien Chang, Law & Social InquiryTable of Contents1. Introduction; 2. Physics envy: property rights in development theory; 3. Property and markets: England and America; 4. Property and politics: Japan; 5. Law and development without the law part: China; 6. Theory in action: Cambodia; 7. Property rights and social change.

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Book SynopsisThe 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.Trade Review'Chee Ho Tham has here produced a remarkably well-written, erudite and thoroughly informative work, and in addition a very distinct accretion to the scholarship on assignment. I recommend it without hesitation to commercial and obligations lawyers alike.' Andrew Tettenborn, Lloyd's Maritime and Commercial Law QuarterlyTable of ContentsPart I. Introduction: 1. Introduction; 2. A conceptual account of equitable and statutory assignments; Part II. The Model: 3. Invariability; 4. Different models of equitable assignment; 5. Misconceptions; 6. Combination; Part III. Joinder: 7. Joinder of assignor in equitable proceedings; 8. Joinder of assignor in proceedings at common law; 9. Equitable assignments of legal choses and non-joinder of the assignor; Part IV. Notice: 10. Giving notice of equitable assignments and its effect on competing assignees: the 'rule' in Dearle V. Hall; 11. Knowledge of assignment: substantive effects in equity between obligor and assignor; 12. Knowledge of assignment: procedural avoidance in equity and by statute of 'equities' or 'defences'; Part V. Statutes: 13. 'Statutory' assignments under Law of Property Act 1925, Section 136(1); 14. Statutory dealings in specific classes of intangible assets; Part VI. Consequences: 15. Why it matters.

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Book SynopsisA mortgage represents a loan or lien on a property/house that has to be paid over a specified period of time. Mortgages come in many different shapes and sizes, each with its own advantages and disadvantages, terminology and vested interests. Mortgages represent one of the most (if not the most) significant investment decisions most individuals will make in their lifetimes. This new book presents invaluable information on some of the primary types of mortgages as well as FAQ and future trends in the industry.

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Book SynopsisThis second edition is essential for residential property lawyers to understand better the stamp duty rules on residential property transactions in England and Northern Ireland. It will help practitioner's reduce costs and protect against claims for professional negligence and damage to reputation.

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Book SynopsisProperty Development explains all the issues arising from property development work and will guide lawyers, developers and landowners through the many pitfalls commonly encountered in practice. This new fourth edition has been comprehensively updated to include: *references to new legislation, planning guidance and statutory instruments, including the Levelling Up and Regeneration Act 2023, the Product Security and Telecommunications Infrastructure Act 2022, the revised National Planning Policy Framework published in 2021 and the Community Infrastructure (Amendment) Regulations 2019 *references to new cases, including cases concerning easements benefitting the owners of timeshare apartments, interference with a right of way, breach of restrictive covenants and the use of a right of way to gain access to land not forming part of the dominant tenement *important changes to the Electronic Communications Code *important changes to the Community Infrastructure Levy regime *commentary on the proposed new Infrastructure Levy. The chapters on investigating title, planning and obtaining vacant possession have also been substantially revised and expanded. This practical guide features updated checklists, example model clauses, contracts and precedent deeds and transfers.

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Book SynopsisIn Kvinder, familie og formue (Women, Family and Fortune), the author examines the financial circumstances among married couples and the rules of in-heritage between parents and children from the Middle Ages and onward through to the 20th century. A special focus is put on the notions of separate estate and community of property - and particularly on the improvements in the laws of property of married women.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisThis book explores the relationship between law and geography, particularly in relation to globalisation - of law, commerce, environmental change and society - which renders relations between the local and the global more significant. The book is structured according to conceptual frames - boundaries, land, property, nature, identity (persons, peoples and places), culture and time, and knowledge.Trade ReviewThe two editors - one a lawyer, the other a geographer - are to be congratulated on their collaborative venture and anyone interested in novel contexts surrounding either discipline will do well to examine the contents of this fascinating volume. * International Journal of Law in Context *Table of ContentsINTRODUCTION ; 1. Connecting Law and Geography ; 2. From 'What' to 'So What': Law and Geography in Retrospect ; 3. The Spatial Dimension of Private Law ; BOUNDARIES ; 4. Beyond the Word: Law as a Thing of this World ; 5. The Queen's Peace: Reflections on the Spatial Politics of Sexuality in Law ; 6. Geography: The Problem of Scale, and Process or Allocation: The US National Organ Transplant Act of 1986, amended 1990 ; LAND ; 7. Freewheeling Uphill: Pedalling Downhill: Growing Pains in Developing a Land Market in China ; 8. Camels, Chameleons and Coyotes: Problematising the 'Histories' of Land Law Reform ; 9. Idolatry of Land ; PROPERTY ; 10. De/Re Territorialising Possession: the Shifting Spaces of Property Rights ; 11. Property Restitution, Property Law and the Post Communist Transition in Germany's New Bundeslander ; 12. Agenda 2000, Land Use and the Environment: Towards a Theory of 'Environmental' Property Rights ; 13. Property Rights, Urban Policy and the Law: Negotiating Neighbourhood Disputes in a Brazilian Shantytown ; 14. Informal Law in Informal Settlements ; NATURE ; 15. Governance and Resource Management in Mexico's Community Forestry Sector ; 16. Spaces of Diversity in Diverse Spaces ; 17. Conceptions of Environment in Law and Geography ; 18. Environmental gains? Collaborative planning, planning obligations and issues of closure in local land-use planning in the UK ; IDENTITY: PEOPLE, PERSONS AND PLACES ; 19. Only Connect ; 20. Family Geographies: Gobal Care Chains, Transnational Parenthood and New Legal Challenges in an Era of Labour Globalisation ; 21. On the Legal Geography of Ethnocratic Settler States: Notes Towards a Research Agenda ; CULTURE AND TIME ; 22. Green Metaphors: Language, Land and Law in Takings Debates ; 23. Space and Time: the Genius Loci of Ancient Places ; 24. From Local to Global - The Role of Geographical Isolation in Shaping Competition Law ; KNOWLEDGE ; 25. Putting Environmental Law on the Map: A Spatial Approach to Environmental Law Using GIS ; 26. Earth Observation and Principles on Data ; 27. Disciplinary Interactions: Ontological Commitments and Environmental Standard Setting

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Book SynopsisWhen governments use eminent domain to transfer property between private owners, Americans are outraged-or so most media and academic accounts would have us believe. But these accounts obscure a much more complex reality in American conceptions of property. In this book, Debbie Becher presents the first comprehensive study of a city''s eminent domain acquisitions, exploring how and why the City of Philadelphia took properties between 1992 and 2007 and which takings led to protests. She uses original data-collected from city offices and interviews with over a hundred residents, business owners, community leaders, government representatives, attorneys, and appraisers-to explore how eminent domain really works.Becher surprises readers by finding that the city took over 4,000 private properties, or one out of every hundred such properties in Philadelphia, during her study period. Furthermore, these takings only rarely provoked opposition-a fact that established views on property are ill-equipped to explain.To investigate how Americans judge the legitimacy of eminent domain, Becher devotes several chapters to two highly controversial sets of takings for redevelopment projects. The American Street takings were intended to win popular support for redevelopment and initially succeeded in doing so, but it ended as a near total failure and embarrassment. The Jefferson Square takings initially faced vociferous opposition, but they eventually earned residents'' approval and became a political showpiece.Becher uncovers evidence that Americans judge eminent domain through a social conception of property as an investment of value, committed over time, that government is responsible for protecting. This conception has never been described in sociological, legal, political, or economic scholarship, and it stands in stark contrast to the arguments of libertarian and left-leaning activists and academics. But recognizing property as investment, Becher argues, may offer a firm new foundation for more progressive urban policies.Trade ReviewBecher attempts to help the reader navigate the public-private dilemma raised by the use of eminent domain by highlighting the multiple ways in which public and private actions influence the value of private property... [Becher provides] practical insight on how to improve the implementation of eminent domain. * Kesha S. Moore, Social Forces *Property matters a great deal and getting it right is crucial. Debbie Becher nails it. Eschewing abstractions and the fulminations of libertarians and leftists alike, her excellent book captures how real people understand and evaluate government taking. The concept of investment that she develops offers important and challenging insights for policy makers and property theorists alike. * Nicholas Blomley, Professor of Geography, Simon Fraser University *A powerful challenge to the conventional view of property in social science, Becher shows that people see property in a complex and social manner. This pioneering study demonstrates how- rather than treat property solely as a container for economic value or as a bundle of rights - people also invest their hopes, cares and emotions into it. * Richard Swedberg, Professor of Sociology, Cornell University *How to respond to the problems posed by derelict lots and vacant buildings is a question with which almost every city government grapples. Becher's analysis cuts through the familiar ideological slogans about government and private property to provide a deeper understanding of the political, economic and social forces driving urban redevelopment efforts. The result is a challenging and unexpectedly hopeful story with lessons that extend well beyond Philadelphia. * Eduardo M. Penalver, Allan R. Tessler Dean of the Cornell Law School *Table of ContentsAcknowledgments ; Abbreviations ; Chapter 1. Investment and Government Legitimacy ; Chapter 2. The Policy and Politics of Urban Redevelopment ; Chapter 3. Rhetoric without a Cause: Beyond Libertarian and Left Cries of Abuse ; Chapter 4. American Street I: From Badlands to Promised Lands ; Chapter 5. American Street II: From Promises to Protests ; Chapter 6. Jefferson Square I: Competing Visions of Investment Protection ; Chapter 7. Jefferson Square II: Legitimacy through Reconciled Visions ; Chapter 8. Compensating for Property by Recognizing Investments ; Chapter 9. The Politics of Property ; Bibliography ; Appendix 1 ; Appendix 2 ; Appendix 3 ; Notes ; Index

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Book SynopsisDoes a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property.The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.Table of ContentsPART I: INTRODUCTION ; 1. The Concept of International Property Law ; 2. The Human Right to Property ; PART II: PRINCIPLES OF INTERNATIONAL PROPERTY LAW ; 3. Chattels ; 4. Intangible Property ; 5. Land ; 6. Oceans ; 7. Atmosphere ; PART III: COMPONENTS OF INTERNATIONAL PROPERTY LAW ; 8. Toward Global Property Rights ; 9. The Right to Acquire ; 10. The Right to Possess and Use ; 11. The Right to Destroy ; 12. The Right to Exclude ; 13. The Right to Transfer ; PART IV: OUTLOOK ; 14. The Future of International Property Law

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