Property law: general Books

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 SynopsisFire Safety Law provides building-owners, managers, individual leaseholders, mortgage-lenders, landlords, and anyone involved in the purchase or sale of a flat situated within a multi-occupied block, with practical, yet comprehensive and well-researched information regarding the subject of fire safety and the associated responsibilities, obligations and rights.V. Charles Ward addresses in practical legal terms the responsibilities on building-owners to ensure that buildings are fire-safe for people who are living, working, or visiting those buildings and explains what protections are available to leaseholders faced with the costs of making their buildings fire-safe. The book begins with a summary of the lessons which have come from the Grenfell Inquiry, before providing a practical overview of current fire-safety legislation relating to residential and commercial buildings. This legislative overview will include not only the 2005 FirTable of Contents1. The Problem 2. The Grenfell Inquiry 3. The Fire Safety Order (FSO) 4. PAS 9980:2022 Fire Risk Appraisal of External Wall Construction and Cladding of Existing Blocks of Flats – Code of Practice 5. Fire-Safety and Leasehold Frameworks 6. The Defective Premises Act 1972 (DPA) 7. Fire Safety and The Building Regulations 2010 8. Building Warranties and Fire Safety 9. Government Assistance to Remove Defective Cladding 10. Buying a Flat in a High-Rise Block 11. The EWS1 Form 12. Private Landlord Responsibilities Relating to Fire-Safety

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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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Book SynopsisThe easy way to make sense of property law Understanding property law is vital for all aspiring lawyers and legal professionals, and property courses are foundational classes within all law schools.Table of ContentsIntroduction 1 About This Book 1 Conventions Used in This Book 2 What You’re Not to Read 2 Foolish Assumptions 2 How This Book Is Organized 3 Part I: Introducing Property Law 3 Part II: Understanding Real Property Rights 3 Part III: Looking at Shared and Divided Property Ownership 4 Part IV: Acquiring and Transferring Property Rights 4 Part V: The Part of Tens 5 Icons Used in This Book 5 Where to Go from Here 6 Part I: Introducing Property Law 7 Chapter 1: Getting the Lowdown on Property Law 9 Defining Property 9 Viewing property as legal rights 10 Categorizing property as real or personal 11 Describing the Duration and Sharing of Ownership 12 Acquiring Original Property Rights 13 Transferring Property Rights to Another 14 Chapter 2: Defining Property in Legal Terms 15 Distinguishing between Real and Personal Property 15 The real world: Land and buildings 16 A personal touch: Everything else that can be owned 16 Describing a Property Owner’s Rights 17 Possessing property 17 Using property 18 Excluding others from your property 18 Transferring property 18 Limiting a Property Owner’s Rights 19 Declaring default common law rules 19 Modifying property rights by contract 19 Publicly regulating property 20 Exploring Remedies for Violations of Property Rights 20 Common law forms of action 21 Legal and equitable remedies 22 Chapter 3: Considering Property Ownership 23 Defining Title 23 Acquiring Title 24 The first owners: Identifying original government title 24 Patents: Conveying government land to individuals 25 Acquiring private land for the public 26 Conveying title to private land during life 27 Transferring property by will 27 To the heirs: Distributing property by intestate succession 28 Acquiring title by taking possession 30 Selling property by judicial order 30 Sharing and Dividing Property Ownership 31 Defining present and future estates 32 Understanding undivided concurrent ownership 33 Part II: Understanding Real Property Rights 35 Chapter 4: Identifying Common Law Rights in Real Property 37 Nuisance Law: Enjoying Property without Unreasonable Interference 38 Determining whether an activity is a nuisance 38 Substantially harming the landowner 40 Remedying nuisances 40 Altering How Surface Water Drains 41 The reasonable use rule: Altering drainage reasonably 41 The common enemy rule: Protecting your own land 42 The civil law rule: Paying for any harm you cause 42 Regulating Water Rights 43 Claiming water from watercourses 43 Drawing water from underground 45 Extracting Oil and Gas from Underground 46 The rule of capture: “Go and do likewise” 47 Modifying the rule of capture 47 Avoiding Landslides and Subsidence: Supporting Land 48 Laterally supporting adjacent land in its natural state 49 Laterally supporting nearby land and improvements to land 50 Supporting land from beneath 50 No Trespassing! Excluding Others from Land 51 Considering what constitutes a trespass 51 Remedying trespasses 53 Using Airspace 53 Defining boundaries in the air 54 Using and protecting airspace 54 Chapter 5: Adjusting Rights by Private Agreement: Covenants 55 Introducing Land-Related Covenants 55 Enforcing a Running Covenant at Law 56 Determining intent for a covenant to run 58 Deciding whether a covenant touches and concerns the relevant land 59 Establishing vertical privity 61 Satisfying the horizontal privity requirement 63 Enforcing a Covenant in Equity 64 Enforcing covenants without privity 64 Requiring notice of the covenant 65 Remedying a breach of a covenant in equity 66 Burdens for the Benefit of All: Enforcing Implied Reciprocal Covenants 67 Inferring covenants from a common development plan 67 Implying intent to run 69 Giving notice of implied covenant 70 Interpreting Covenants 71 Amending Covenants 72 Terminating Covenants 73 Invalidating covenants that restrain alienation 74 Terminating a covenant because of changed circumstances 74 Waiving a covenant 75 Abandoning a covenant 76 Refusing to enforce unreasonable covenants 77 Analyzing a Covenant Dispute 78 Chapter 6: Giving Others the Right to Use Your Land: Easements 79 Grasping the Basics of Easements 79 Distinguishing affirmative and negative easements 80 Describing profits 81 Telling easements apart from licenses 81 Knowing what’s an easement and what’s a covenant 82 Creating Easements 83 Looking at express easements 83 Avoiding the statute of frauds 84 Implying easements three ways 86 Over time: Acquiring easements by prescription 89 Interference and Trespasses: Determining the Scope of Easements 92 Prohibiting interference by the servient owner 92 Preventing use that benefits nondominant land 93 Changing the type or purpose of use 94 Increasing the burden on the servient land 94 Maintaining the easement 95 Transferring and Dividing Easements 96 Sticking to the land: Transferring appurtenant easements 96 Dividing appurtenant easements 97 Transferring easements in gross 97 Dividing easements in gross 98 Terminating Easements 99 Terminating easements by express release or agreement 99 Ending easements by merging dominant and servient estates 100 Abandoning easements 100 Terminating easements by estoppel 101 Extinguishing easements by adverse use 102 Chapter 7: Zeroing In on Zoning 103 Discovering Who Typically Regulates Land Use 103 Regulating the Big Three: Use, Height, and Bulk 104 Protecting Nonconformities from New Zoning Restrictions 105 Permitting Conditional Uses 106 Avoiding Unnecessary Hardship with Variances 107 Demonstrating inability to reasonably use the land as zoned 108 Explaining why unique conditions require a variance 108 Avoiding alteration of the essential character of the locality 109 Amending Zoning 109 Requiring consistency with a comprehensive plan 110 Invalidating spot zoning 111 Chapter 8: Recognizing the Limits of Public Regulation 113 Looking for the Local Power Source: State Enabling Statutes 113 Explaining Property Deprivations: Substantive Due Process 115 Identifying a deprivation of property 115 Deciding whether a regulation is rational 116 Considering whether a regulation advances a public purpose 117 Compensating for Property Taken for Public Use 119 Compensating for condemnations 120 Figuring out when a regulation is a taking 121 Remedying regulatory takings: Paying up 125 Treating Similarly Situated Owners the Same: Equal Protection 125 Looking for rational differences in treatment 126 Remedying equal protection violations 128 Respecting Free Speech Rights 128 Regulating the land use effects of speech 129 Regulating the content of speech 129 Part III: Looking at Shared and Divided Property Ownership 131 Chapter 9: Dividing Ownership over Time: Estates 133 Introducing the Concept of Present and Future Estates in Land 134 Creating and Distinguishing the Present Estates 134 Creating a fee simple: No expiration 135 Dealing with the fee tail: Direct descendants 135 Limiting a present estate to life 136 Making Present Estates Defeasible: Conditional Endings 136 Determinable estates 137 Estates on condition subsequent 137 Estates subject to an executory limitation 137 Identifying Future Estates 138 Reversionary interests 139 Nonreversionary interests: Creating future estates in others 140 Describing the present estate the future estate holder will own 141 Distinguishing contingent and vested remainders 143 Interpreting grants to heirs 144 Restricting Certain Future Estates via Common Law Rules 146 Destroying contingent remainders 146 Invalidating restraints on alienation 147 Limiting Nonreversionary Interests: The Rule against Perpetuities 148 Understanding the interests subject to the rule 149 Determining the moment of vesting 149 Considering lives in being 150 Modifying the rule by statute 153 Transferring Present and Future Estates 153 Governing the Relationship between Owners of Present and Future Estates 154 Taking a closer look at waste 155 Forcing the judicial sale of real property in fee simple absolute 156 Chapter 10: Sharing Property: Concurrent Ownership 159 Concurrent Ownership: Owning the Same Property at the Same Time 160 Getting Familiar with Tenancy in Common 160 Creating a tenancy in common 161 Understanding fractional shares 161 Transferring one’s interest 162 Taking a Closer Look at Joint Tenancy 162 Overcoming the presumption of tenancy in common: Creating a joint tenancy 163 Satisfying the four unities: Time, title, interest, and possession 163 Understanding the right of survivorship 164 Severing the joint tenancy 165 Examining Tenancy by the Entirety 167 Creating a tenancy by the entirety 167 Restricting transfers by tenants by the entirety 168 Till death do us part? Terminating a tenancy by the entirety 169 Governing the Relationship among Cotenants 169 Using the concurrently owned property 169 Paying expenses 170 Renting the property 172 Acquiring interests in the property 172 Avoiding waste 173 Breaking Up: Terminating Concurrent Ownership by Partition 174 Partitioning voluntarily: Deciding to split property or proceeds 174 Compelling partition 175 Court orders: Dividing the property physically or by sale 175 Fair shares: Accounting among cotenants 177 Restraining partition 178 Creating and Owning Condominiums 178 Creating a condominium 178 Owning individual units 179 Owning common areas 180 Managing common areas 180 Chapter 11: Owning Property in Marriage 181 Protecting the Surviving Spouse 182 Yours, Mine, and Ours: Community Property Systems 183 Distinguishing separate property from community property 183 Transferring and dividing property 184 Protecting Homesteads 185 Dividing Property upon Divorce 186 Classifying property to be distributed 187 Valuing property to be distributed 188 Distributing property 188 Chapter 12: Leasing Property: Landlord-Tenant Law 191 Distinguishing Leaseholds from Other Interests 191 Licensing versus leasing 192 Comparing easements and leases 193 Creating and Differentiating the Four Types of Tenancies 193 Fixed-term tenancy 194 Periodic tenancy 194 Tenancy at will 195 Tenancy at sufferance 195 Possessing the Leased Premises 195 Delivering possession to the tenant 196 Covenanting not to disturb the tenant’s quiet enjoyment 197 Maintaining the Leased Premises 198 Understanding common law duties 198 Contracting to maintain the premises 198 Taking a look at constructive eviction 199 Warranting habitability of the premises 200 Protecting third parties from injury 203 Transferring the Leasehold 205 Restraining the tenant’s right to transfer 205 Transferring all or part of the tenant’s estate 207 Holding transferring tenants liable for subsequent breaches of the lease 208 Terminating the Leasehold 209 Terminating pursuant to agreement 209 Abandoning the leased property 210 Terminating the leasehold in other ways 211 Holding over after termination of lease 212 Applying and refunding security deposits 213 Evicting the Tenant 213 Evicting by self-help 214 Evicting by summary procedure 215 Part IV: Acquiring and Transferring Property Rights 217 Chapter 13: Acquiring Rights by Finding and Possessing Personal Property 219 Taking a Closer Look at Possession 219 Resolving Claims among Competing Possessors 220 Intending to control 221 Determining whether someone interfered with possession 221 Getting possession by trespassing 221 Becoming an Owner by Possessing Unowned Property 222 Taking Possession of Owned Property 223 Protecting the owner’s rights 223 Describing bailments and the possessor’s duties to the owner 224 Examining the Possessor’s Ownership Rights against Third Parties 225 Resolving Conflicts between a Finder and the Landowner 226 Keeping mislaid property with the landowner 226 Possessing embedded property 228 Recovering treasure trove 228 Discouraging wrongdoing by the finder 229 Reforming the Common Law by Statute 230 Finding the owner 230 Rewarding the finder if the owner shows up 230 Awarding the property to the finder if the owner doesn’t claim it 230 Determining when the lost property statute applies 231 Escheating property to the state 231 Chapter 14: Becoming an Owner by Adverse Possession 233 Getting Acquainted with Adverse Possession 233 Clearing up ownership on the ground 233 Applying the statute of limitations to ejectment 234 Exploring the Elements of Adverse Possession 236 Element #1: Actually Possessing the Property 237 Defining actual possession 237 Determining the scope of possession 238 Possessing under color of title 239 Paying taxes 239 Element #2: Possessing Exclusively 239 Element #3: Possessing Openly and Notoriously 240 Element #4: Possessing Adversely 241 Possessing by right rather than permission 241 Using the property as an owner 242 Element #5: Possessing Continuously and without Interruption 243 Defining continuous possession 243 Interrupting possession 244 Element #6: Possessing for the Statutory Period 245 Determining the required period 245 Combining periods of possession 245 Understanding Title by Adverse Possession 246 Quieting adverse possession title 246 Identifying the interests affected 247 Chapter 15: Contracting to Sell Land 249 Creating an Enforceable Contract to Sell Real Property 250 Requiring a signed writing 250 Identifying essential elements of a writing 251 Amending or rescinding the purchase agreement 252 Making an exception when an oral agreement is partly performed 252 Specifying Deadlines for Performance 254 Remedying an immaterial breach of a deadline 254 Remedying a material breach of a deadline 255 Conditioning the Parties’ Obligations to Perform 257 Tendering the deed and purchase price 258 Requiring marketable title 258 Obtaining financing 263 Considering other conditions 264 Managing the Risk of Loss 265 Allocating risk by equitable conversion 266 Contracting about risks 267 Insuring against risks 267 Remedying Breaches of Contract 268 Calculating damages 269 Liquidating damages 269 Specifically performing the contract 270 Disclosing Latent, Material Facts 270 Implicitly Warranting Workmanship and Habitability 271 Chapter 16: Conveying Title by Deeds 273 Merging a Purchase Agreement with a Deed 273 Recognizing the Formal Requirements for a Deed 275 Identifying the parties 275 Identifying the land 275 Expressing intent to convey 279 Signing the deed 280 The Handoff: Delivering and Accepting a Deed 280 Performing acts intended to make a deed effective 280 Delivering by escrow 281 Delivering by escrow at death 283 Accepting delivery of a deed 283 Warranting Title in a Deed 283 Covering the various covenants 284 Distinguishing present and future covenants 286 Limiting or omitting warranties: Distinguishing types of deeds 289 Remedying breaches of title covenants 292 Chapter 17: Recording Title 295 Understanding Priority Disputes 295 Recording Documents 296 Identifying recordable documents 297 Complying with conditions for recording 298 Using Indexes to Find Recorded Documents 298 Distinguishing the Three Types of Recording Statutes 300 Determining Whether an Interest Is Recorded 301 Recording a document improperly 301 Being unable to find a recorded document 301 Paying Value for Property Interest 303 Taking Property Interest without Notice 305 Actual knowledge 305 Constructive notice 306 Inquiry notice 308 Protecting Subsequent Purchasers from Unlikely Claims 308 Curing defects by title curative acts 309 Eliminating specific old interests 309 Applying marketable title acts 310 Chapter 18: Mortgaging Real Property 311 Introducing Mortgages and Deeds of Trust 312 Possessing the Property before Foreclosure 312 Taking possession 313 Appointing a receiver 313 Selling Property in Foreclosure 315 Curing default or exercising equity of redemption 315 Extinguishing junior interests 317 Distributing the proceeds of a foreclosure sale 318 Recovering deficiency from borrower 320 Protecting Mortgagor by Statute 320 Anti-deficiency statutes 321 One-action statutes 322 Statutory rights of redemption 322 Transferring Mortgaged Property 324 Restricting transfer 324 Assuming mortgage debt 325 Enforcing a mortgage against the transferor 325 Transferring Mortgage 326 Part V: The Part of Tens 327 Chapter 19: Ten Notable Property Cases 329 Spur Industries, Inc V Del E Webb Development Co 329 Tulk V Moxhay 330 Sanborn V Mclean 331 Village of Euclid V Ambler Realty Co 332 Penn Central Transportation Co V City of New York 333 Lucas V South Carolina Coastal Council 334 Javins V First National Realty Corp 335 Armory V Delamirie 336 Pierson V Post 337 Stambovsky V Ackley 338 Chapter 20: Ten Common Mistakes in Applying Property Law 339 Misapplying the Rule against Perpetuities 339 Mislabeling Present and Future Estates 340 Misunderstanding Hostility 341 Considering the Intent to Create a Covenant Rather than Intent to Run 342 Considering Only Notice of a Covenant’s Burden 343 Applying Estoppel or Part Performance without Evidence of an Agreement 343 Deciding a Joint Tenancy Exists without the Four Unities and Express Intent 344 Applying the Equitable Conversion Doctrine Where It Doesn’t Apply 344 Failing to Identify the Landlord’s Wrongful Act in a Constructive Eviction 345 Applying Purchase Agreements after Closing and Deeds before Closing 346 Chapter 21: Ten Property Subjects Commonly Tested in Bar Exams 347 Purchase Agreements 348 Mortgages 348 Deeds 348 Recording Acts 348 Landlord-Tenant Law 349 Estates 349 Concurrent Ownership 349 Covenants 349 Easements 350 Adverse Possession 350 Index 351

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Book SynopsisLife now without access to electronic telecommunications would be regarded as highly unsatisfactory by most of the UK population. Such ready access would not have been achieved without methodical and ultimately enforceable means of access to the land on which to install the infrastructure necessary to support the development of an electronic communications network. Successive governments have made such access a priority, regarding it as a principle that no person should unreasonably be denied access to an electronic communications network or electronic communications services. The enactment of the Telecommunications Act 1984 and its revision by the Communications Act in 2003 have played their role in the provision of an extensive electronic infrastructure in the UK, while their reshaping by means of the Digital Economy Act 2017 will continue that process. Throughout that process, a little publicised series of struggles has taken place between telecommunications operators and landownTable of ContentsIIntroductionIntroductionLegislative historyThe Electronic Communications Code 2003: an overviewThe European dimensionIIElectronic Communications Code 2003 (the Old Code)Old Code: general and special regime overviewOperators under the Old CodeOld Code general regimeOld Code general regime: financial provisionsOld Code special regimesAlteration and removal of apparatus under paragraph 20Removal of apparatus under paragraph 21Abandonment of apparatusOld Code sundry mattersIIIElectronic Communications Code 2017 (the New Code)The Electronic Communications Code and property law: key conceptsWhat are code rights?Who may confer code rights? To whom may code rights be granted? Over what may code rights be granted?The agreement conferring code rightsAssignment, upgrading and sharing apparatus Imposition of code agreements Termination of code agreements Modification of code agreements Rights to require removal The New Code and the 1954 ActTransport land rights Street works, tidal water rights and undertaker’s works Overhead apparatus Trees and vegetationConsideration and compensation under the New Code IVMatters common to both codesTransitional provisions Notices under the codesDispute resolution procedure under the codesCode avoidanceElectronic communications and planningCompulsory purchase and entry for exploratory purposesTelecommunications and non-domestic ratesLand registrationElectronic communications and competition lawThe position in ScotlandThe role of OFCOMVDraftingDrafting considerations for code agreementsVIThe New Code – Annotated VIIAppendicesA Extracts from the Telecommunications Act 1984 and the Communications Act 2003B2017 Code and extracts from the Digital Economy Act 2017CStatutory Instruments DOFCOM Code of Practice EOFCOM Template NoticesFOFCOM Standard Terms

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Book SynopsisRoger J. Smith is Fellow and Tutor at Magdalen College, Oxford. He is also the author of a textbook, Property Law, and a shorter text on the subject, Introduction to Land Law, both published by Pearson. Table of ContentsPreface xiv Acknowledgements xv Table of cases xxii Table of statutes xlix Table of statutory instruments lxii Part I Introductory matters 1 Chapter 1 Basic property principles 3 Chapter 2 Human rights 25 Chapter 3 Property interests 42 Part II General principles: how property interests arise and purchasers 61 Chapter 4 Original acquisition of property interests 63 Chapter 5 The transfer and creation of property interests 113 Chapter 6 Formalities: rationale and trusts 170 Chapter 7 Formalities: estoppel 183 Chapter 8 The family home 228 Chapter 9 Purchasers: general principles and land charges 281 Chapter 10 Purchasers: registration of title 301 Part III Rights to enjoy land: estates and commonhold 365 Chapter 11 Concurrent ownership: joint tenancy and tenancy in common 367 Chapter 12 Trusts of land 391 Chapter 13 Successive interests 452 Chapter 14 Leases: requirements and types 460 Chapter 15 Leases: obligations and remedies 510 Chapter 16 Leases: parties and the running of covenants 567 Chapter 17 Commonhold 605 Part IV Other interests in land 617 Chapter 18 Licences 619 Chapter 19 Easements and profits 642 Chapter 20 Covenants 701 Chapter 21 Mortgages 735 Index 802

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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 Synopsis

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Book Synopsis

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Book SynopsisConsiders how research in psychology offers new perspectives on property law, and suggests avenues of reform Property law governs the acquisition, use and transfer of resources. It resolves competing claims to property, provides legal rules for transactions, affords protection to property from interference by the state, and determines remedies for injury to property rights. In seeking to accomplish these goals, the law of property is concerned with human cognition and behavior. How do we allocate property, both initially and over time, and what factors determine the perceived fairness of those distributions? What social and psychological forces underlie determinations that certain uses of property are reasonable? What remedies do property owners prefer? The Psychology of Property Law explains how assumptions about human judgement, decision-making and behavior have shaped different property rules and examines to what extent these assumptions are supported by the research. Employing key Trade ReviewA deep dive into the way ownership and the law's response to it intersects with human psychology across a range of important contexts. Meticulously researched and conceptually nuanced, this book is an indispensable resource that expertly connects theory and evidence on the psychology of property entitlements with the law and policy surrounding possession, home ownership, takings law, discrimination, redistribution, and more. -- Lee Anne Fennel, Author of The Unbounded Home: Property Values Beyond Property Lines, Max Pam Professor of Law, University of Chicago Law SchoolAn enormous contribution to the fields of property law, law and psychology, and even law more generally.... It has the potential to cause a radical rethinking of property law and policy and thereby to shape the law's effect on countless people's lives. -- John Bronsteen, Georgia Reithal Professor of Law, Loyola University Chicago School of LawSeeks to answer certain open questions of property law with psychological evidence and arguments.... It will be enormously useful for anyone interested in the nexus of these two fields. -- Dave Fagundes, University of Houston Law CenterHow the field of psychology can explain, strengthen, or reform the notion of property is the subject of this book. Across eight chapters the authors look at how property ownership is related to theories of human personality and how the law treats different types of property, for example residential property, as more important than other types. * CHOICE *

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Book SynopsisConsiders how research in psychology offers new perspectives on property law, and suggests avenues of reform Property law governs the acquisition, use and transfer of resources. It resolves competing claims to property, provides legal rules for transactions, affords protection to property from interference by the state, and determines remedies for injury to property rights. In seeking to accomplish these goals, the law of property is concerned with human cognition and behavior. How do we allocate property, both initially and over time, and what factors determine the perceived fairness of those distributions? What social and psychological forces underlie determinations that certain uses of property are reasonable? What remedies do property owners prefer? The Psychology of Property Law explains how assumptions about human judgement, decision-making and behavior have shaped different property rules and examines to what extent these assumptions are supported by the research. Employing key Trade ReviewA deep dive into the way ownership and the law's response to it intersects with human psychology across a range of important contexts. Meticulously researched and conceptually nuanced, this book is an indispensable resource that expertly connects theory and evidence on the psychology of property entitlements with the law and policy surrounding possession, home ownership, takings law, discrimination, redistribution, and more. -- Lee Anne Fennel, Author of The Unbounded Home: Property Values Beyond Property Lines, Max Pam Professor of Law, University of Chicago Law SchoolAn enormous contribution to the fields of property law, law and psychology, and even law more generally.... It has the potential to cause a radical rethinking of property law and policy and thereby to shape the law's effect on countless people's lives. -- John Bronsteen, Georgia Reithal Professor of Law, Loyola University Chicago School of LawSeeks to answer certain open questions of property law with psychological evidence and arguments.... It will be enormously useful for anyone interested in the nexus of these two fields. -- Dave Fagundes, University of Houston Law CenterHow the field of psychology can explain, strengthen, or reform the notion of property is the subject of this book. Across eight chapters the authors look at how property ownership is related to theories of human personality and how the law treats different types of property, for example residential property, as more important than other types. * CHOICE *

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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 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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This book contains a collection of papers presented at the Twelfth Biennial Modern Studies in Property Law Conference held at University College London in April 2018. The conference and its published proceedings are an established forum for property lawyers from around the world to showcase the latest research. This collection includes a keynote address by Dame Elizabeth Gloster, former Vice President of the Court of Appeal (Civil Division), on technology in property law. It also includes plenary addresses by Professor Henry Smith on the architecture of property law and the challenge of compiling the American Law Institute’s Fourth Restatement of Property, and by Her Honour Judge Karen Walden-Smith on the role of the first instance judge in property cases. Sixteen further chapters address a wide range of issues, including the theory and taxonomy of land law, the re-evaluation of land obligations, the nature and operation of equitable property rights and shares, the role of property in commerce, comparative approaches to leases and trusts, and contemporary issues in land registration. Collectively, the chapters demonstrate the vibrancy, diversity and importance of property law and of current research in the subject.

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Book SynopsisWhat are the contemporary challenges faced by property law as we enter the 2nd decade of the 21st century? This collection brings together the research and perspectives of an international body of academics and practitioners to consider these challenges and how even familiar topics must develop to meet new demands and developments. As with previous books in the Modern Studies in Property Law series, this volume adopts a broad approach to topics encompassed by ‘property law’ in the firm belief that the boundaries that divide are shadowy at best and constantly moving in the endeavour to keep up with what is ‘modern’. This collection looks at 5 themes: - Comparative perspectives, including a chapter on grazing and cropping rights in Northern Ireland, and analysis of the anomalies of the English trust law as seen from a civil law perspective; - Taking and alienating property, including a chapter on bankruptcy and the family home; - Modern dilemmas, including chapters on trusts in virtual currency and on smart homes; - Old chestnuts – new challenges, including analysis of the mortgage law reform in Scotland and a chapter on the ouster principle in common law jurisdictions; and - Wills, death and other morbid topics, with chapters on English succession law and the role of knowledge and approval in retrospective assessments of capacity. Unfortunately, the COVID-19 pandemic prevented the 13th biennial conference being held in 2020 as planned but despite this, the authors and co-editors persevered to produce this interesting and diverse collection.Table of ContentsPART I COMPARATIVE PERSPECTIVES 1. Is the Grass Always Greener? Understanding Grazing and Cropping Rights in Northern Ireland Bróna McNeill, at Queen’s University Belfast, UK 2. Caveat Emptor or Caveat Venditor? Stigmatised Properties and Obligations of Disclosure Christopher Pearce, University of New South Wales, Australia 3. Anomalies of English Trust Law: A Comparative Study Rafael Ibarra Garza, Universidad de Monterrey, Mexico 4. Between Concepts and Policy: The Constructive Trust between Vendor and Purchaser in a Mixed Legal Tradition Pablo Lerner, Zefat Academic College, Israel PART II TAKING AND ALIENATING PROPERTY 5. Property, Equality and the Freedom to Discriminate: The Case of the Discriminatory Gift Jonas-Sébastien Beaudry, McGill University, Canada, and Aruna Nair, University of Oxford, UK 6. Bankruptcy and the Family Home: The Case for Imputing Insolvency Irregularities and a Presumption of Creditor Interests John Tribe, University of Liverpool, UK 7. Justifying Security of Tenure: The Parameters of the Landlord and Tenant Relationship Emma Lees, University of Cambridge, UK PART III MODERN DILEMMAS 8. Trusts in Virtual Currency Joshua Teng, High Court of Malaya, Malaysia 9. Smart Homes Sean Thomas, University of York, UK PART IV OLD CHESTNUTS: NEW CHALLENGES 10. Mortgage Law Reform in Scotland: Fifty Years Apart Andrew Steven, University of Edinburgh, UK 11. Easements, the Ouster Principle and Coherence Across the Common Law World Ben France-Hudson, University of Otago, New Zealand 12. Mapping Bad Charity John Picton, University of Liverpool, UK PART V WILLS, DEATH AND OTHER MORBID TOPICS 13. A Validating Power for English Succession Law Richard Hedlund, University of Lincoln, UK 14. The Role of Knowledge and Approval in Retrospective Assessments of Capacity Juliet Brook, University of Portsmouth, UK

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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 SynopsisThe only practitioner’s guide to the law of property damage, it is a “must have” for anyone practising in property damage claims. This text provides comprehensive, up-to-date analysis of the legal principles and practical concerns in fire, gas, natural hazards, escape of water, subsidence, party walls and pollution claims and excellent, learned examination of claims under the Defective Premises Act and the Consumer Protection Act. The book cements its unique utility by analysing, over three additional and separate chapters, the general principles of contract law, tortious liability and insurance law as they relate and are relevant to property damage claims. This allows practitioners, judges, academics and students to easily and efficiently come to grips with the idiosyncrasies of property damage law but also to understand how the general principles of contract, tort and insurance law relate and interact with property damage claims. Written as a handbook for practitioners, it also offers practical, user-friendly guidance for conducting property damage litigation. This title is included in Bloomsbury Professional's Property and Land Law online service.

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Book SynopsisProperty and the Pursuit of Happiness presents an account of the crucial role the right to property understood in the comprehensive sense as the right that included every other right played in the American founding. This right was understood by the founders as the “pursuit of happiness,” which Edward J. Erler argues was considered to be both a natural right and a moral obligation. This book examines the works of John Locke, the English philosopher who had a profound influence on the American founding.Trade ReviewFor the past forty years, Professor Edward Erler, has produced some of the finest legal commentary on constitutional law. He remains, perhaps, the most original, insightful, and provocative scholar of the American Constitution. His new book, Property and the Pursuit of Happiness; Locke, The Declaration of Independence, Madison and the Challenge of the Administrative State, shows why this is so. His insight into the Constitution is informed not merely by an understanding of the law, the judiciary, or the Constitution, but by an understanding of the theoretical and political conditions required in the defense of freedom and self-government. In elaborating the importance of property, as essential to the protection of rights, he reveals the absolute necessity of limited government constitutionalism as indispensable for the preservation of both. -- John Marini, University of Nevada, RenoEdward Erler has written the most remarkable book by any student of Harry Jaffa, which also means most likely by any student of Leo Strauss. Property and the Pursuit of Happiness explores the political and the philosophic meaning of both its key terms in America. He transcends dichotomies such as “ancients and moderns” to present the abiding heart of America’s logos in its ousia. Erler’s treatise smashes lame scholarship and noxious doctrines about Aristotle, Locke, Madison, Jefferson, Lincoln, the Supreme Court, Reconstruction, and the administrative state, and against them restores the principles of the West in the theological-political problem. Every serious citizen and scholar must come to terms with this profound and spirited examination of American politics. -- Ken Masugi, Center for Advanced Governmental Studies, Johns Hopkins University“What was unique about the American Revolution,” Ed Erler contends, “was that for the first time in history, a nation was founded dedicated to a universal principle—the principle that `all men are created equal.’” What is unique about Ed Erlers’s penetrating book is that it takes the Declaration’s truths seriously and elucidates how they provide the grounds for the Founders’ constitutionalism. Exploring some of political philosophy’s deepest themes—including natural rights, natural law, and the relationship between reason and revelation—Erler explains how the Founders held the protection of property rights to be the central idea animating their design for limited government and why its abandonment by influential 20th century progressives poses an existential threat to liberty and the pursuit of happiness for all Americans today. -- Vincent Munoz, Associate Professor of Political Science at University of Notre Dame

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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 SynopsisDukeminier's High Court Case Summaries on Property, 8th contain well-prepared briefs for each major case in Dukeminier's casebook on Property. High Court briefs are written to present the essential facts, issue, decision and rationale for each case in a clear, concise manner. While prepared briefs can never substitute for the insight gained by actually reading a case, these briefs will help readers to identify, understand, and absorb the core ""take away"" knowledge from each case. Moreover, these briefs are followed by a useful legal analysis, which provides extra tips and contextual background about each case, connecting the case to the broader concepts being developed throughout the casebook. This book also supplies case vocabulary, which defines new or unusual legal words found throughout the cases. Finally, to enhance the reader's recall, there is a corresponding memory graphic for each brief that portrays an entertaining visual representation of the relevant facts or law of the case.

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Book SynopsisThis one-of-a-kind resource explains how to use the 1040 return as a discovery tool in divorce cases -- in practice, not theory. Showing where to start a review of an individual's return and how to discover cash flow, the existence of assets and other valuables, The 1040 Handbook provides practical assistance for drafting a detailed and effective discovery plan for assets and income, personal as well as business. Using a hypothetical couple's 2020 tax return, The 1040 Handbook provides a line-by-line analysis of the federal tax form and its schedules to suggest appropriate areas of inquiry. Author Jack Zuckerman shows what each line reveals about a couple's assets and the income, and notes the clues that should be followed up on, the red flags to watch for, and the indications that additional key documents exist and should be obtained. It also discusses the important facts to gather during the initial client consultation and how the 1040 form can be used to: Draft a tentative list of assets Identify appropriate areas of inquiry Ask the appropriate questions Develop a list of additional documents to obtain Individual chapters cover the 1040's most commonly used schedules and forms, providing a clearly written discussion of each along with a sample form. In addition, this book offers a wealth of information on: Identifying income and assets Recognizing assets disguised as deductions Tip-offs to predivorce movement of assets Business expenses that could be considered income Deductions and assets that may be future tax liabilities IRAs and Keogh accounts And much more!

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Book SynopsisUpdated and expanded, The Law of Commercial Surety and Miscellaneous Bonds provides a more comprehensive analysis of the law relating to commercial and miscellaneous bonds. The book's twenty chapters address the various types of commercial surety and miscellaneous bonds, including their basic nature and purpose, what they cover, who is entitled to coverage under such bonds, and sureties' defenses to claims under such bonds. Each chapter covers a different type of commercial surety or miscellaneous bond. In addition, the book devotes an entire chapter to the commercial surety's collateral in a principal's bankruptcy case. In order to facilitate the use of this book as a reference source, a detailed table of contents sets forth the various topics addressed by each chapter. This book is an indispensable reference tool for experienced and entry level claim professionals and practitioners, as well as for general practitioners who can use this publication as an initial source from which to learn this complex area of law.

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Book SynopsisModern fraudulent transfer law dates back to the Roman era, however, fraudulent transfer law in the U.S. closely reflects the law developed in England and the Statute of 13 Elizabeth. This unique guide tracks the historical development of this ancient creditors' rights law, as well as addresses and warns against fraudulent wealth transfer. Wealth transfer planning is a legitimate service if done properly. However, it is important for all parties impacted by the transfer of wealth to understand the scope and application of fraudulent transfer law. This book discusses the factors involved with the fraudulent transfer of wealth and outlines steps that planners can take to minimize a transaction's exposure to avoidance. Proactive measures that creditors can take to reduce the chance of losing assets or legal measures to restore the creditor are discussed. Real-life scenarios are included to show where advisers face liability for their role in facilitating the transfer of wealth meant to frustrate a creditor's claim. Today, the transfer of wealth can still be challenged successfully using centuries' old fraudulent conveyance law. This book includes an extensive listing of case law that provides ample opportunity for creditors to analyze new strategies by analogy to old tricks. This book will guide wealth transfer planners to plan for their clients successfully, while navigating complex fraudulent transfer laws to ensure the effective transfer of wealth.

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Book SynopsisRecognizing a need for a legal guide on the choice-of-law complexities and substantive similarities and differences involved in international secured transactions in financial collateral, members of the UCC Committee’s International Law Subcommittee developed a fact pattern and questionnaire that lawyers from G-20 countries, offshore jurisdictions and other countries in Latin America, Europe and Asia completed. This questionnaire provided a common framework through which variations among jurisdictions could be readily identified, thus facilitating cross-border analysis. In one single volume, the scope of the project includes more than 40 jurisdictions worldwide. Peer reviewed by leading experts, this guidebook is a valuable resource for lawyers working on cross-border secured transactions involving common types of financial collateral: directly held certificated securities; directly held uncertificated securities; securities accounts (and securities credited to them); and deposit accounts. The book dedicates a chapter to each jurisdiction that is surveyed to provide general guidance when negotiating such a secured transaction in that jurisdiction. Carefully edited to enhance comparison, the guide aims to assist lawyers in framing their choice-of-law analysis and helping them to gain insight into the substantive law complexities that can arise in transactions with this type of collateral.

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Book SynopsisThis study aid features an innovative method of content organization. It uses outline-like checklists that are designed to lead students through the analytical steps necessary to evaluate and resolve property issues. Each chapter begins with a review and explanation of the important rules, concepts and principles that govern a particular area of property law. The review material is then synthesized into a checklist. Each chapter concludes with practice problems and solutions that illustrate how students can use the checklist to analyze property issues when writing their exams. Although other study aids may offer summaries of the law and practice questions, none offer the systematic analytical approach represented by the checklists in this book. In addition, the fourth edition includes: Two full-length, four-hour practice essay exams (with model answers) A new Master Checklist for issue-spotting essay questions Updated discussion and Chapter Checklists for new developments in the law New exam tips for regulatory takings and real covenants questions Additional discussion of bailments, co-ownership, servitudes, and real estate transactions Updated cross-references to additional supplemental sources for further reading

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Book SynopsisWho controls the land and minerals in the former Bantustans of South Africa - chiefs, the state or landholders? Disputes are taking place around the ownership of resources, decisions about their exploitation and who should benefit. With respect to all of these issues, the courts have become increasingly important.The contributors to Land, Law and Chiefs in Rural South Africa capture some of these intense contestations over land, law and political authority, focussing on threats to the rights of ordinary people. History and customary law feature strongly in most disputes and succession to chieftaincy is also frequently disputed. Judges have to make decisions in a context where rival claimants to property or office assert their own versions of history and custom. The South African constitution recognises customary law and the courts are attempting to incorporate and develop this branch of jurisprudence as 'living customary law'. Lawyers, community leaders and academics are called on to assist in researching cases around restitution, land rights and customary law. The chapters in this collection discuss legal cases and policy directions that have evolved since 1994. Some chapters analyse the increasing power of chiefs in the South African rural areas, while others suggest that the courts are giving support to popular rights over land and supporting local democratic processes. Contributors record significant pushback from groups that reject traditional authority. These political tensions are a central theme of the collection and thus serve as vital case studies in furthering our understanding of rights and restitution in South Africa.Table of Contents Preface - William Beinart Introduction Land, Law and Chiefs: Contested Histories and Current Struggles - William Beinart Chapter 1 Constitutional Court Judgements, Customary Law and Democratisation in South Africa - Geoff Budlender Chapter 2 Was 'Living Customary Law' There All Along? - Derick Fay Chapter 3 When Custom Divides 'Community': Legal Battles over Platinum in North West Province - Sonwabile Mnwana Chapter 4 Chiefs, Mines and the State in the Platinum Belt: The Bapo-ba-Mogale Traditional Community and Lonmin - Gavin Capps Chapter 5 Grave Sites and Dispossession in Mpumalanga - Dineo Skosana Chapter 6 The Abuse of Interdicts by Traditional Leaders in South Africa - Joanna Pickering and Ayesha Motala Chapter 7 Resisting the Imposition of Ubukhosi: Contested Authority-Making in the Former Ciskei - Thiyane Duda and Janine Ubink Chapter 8 Black Landlords, Their Tenants and the Natives Administration Act of 1927 - Khumisho Moguerane Chapter 9 Customary Law and Land Ownership in the Eastern Cape - Rosalie Kingwill Chapter 10 A History of Communal Property Associations in South Africa - Tara Weinberg Chapter 11 'This is Business Land': The Hlolweni Land Claim, 1983-2016 - Raphael Chaskalson Chapter 12 Restitution and Land Rights in the Eastern Cape: The Hlolweni, Mgungundlovu and Xolobeni Cases - William Beinart

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Book SynopsisThis Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural Heritage Law of the International Law Association.Following a comprehensive introduction to cultural heritage law, the book turns to the core topic of international trade. The General Agreement on Tariffs and Trade and a 1970 UNESCO convention on illegal trafficking in cultural material formed the foundation for progressive development of an impressive and still-evolving legal framework. Building on these and other instruments, the essays focus on import and export controls within specific national legal regimes. Concluding chapters contextualize additional important issues - including human rights, pluralism and nationalism - from a broader, global perspective. Innovative in its combination of comparative and international dimensions of the subject, this book provides a ready, well-documented reference to national and international regimes of control and a scholarly source for teaching and further research.Students, professors and practitioners of trade law, cultural heritage law and general international law will find this Handbook an invaluable resource.Contributors include: T. Adlercreutz, E. Beccerril, M. Beukes, J. Blake, K. Chamberlain, P. Conlan, M. Cornu, P. Davies, J. Ding, T. Einhorn, F. Fiorentini, C. Forrest, M. Frigo, K. Hausler, A. Jakubowski, O. Jakubowski, T. Kono, S. Kozai, E.N. Moustaira, P. Myburgh, J.A.R. Nafziger, R.K. Paterson, M.-A. Renold, B. Schönenberger, K. Siehr, A.F. VrdoljakTrade Review‘There is a sad dearth of writings on ‘Cultural Heritage’ with just two or three other books on this topic, the best, by far, being Elgar’s Handbook on the Law of Cultural Heritage and International Trade. I have seen no other book on this subject that even links International Trade Law with this subject and so the two Editors, Professors Nafziger and Paterson are to be hugely commended for this exciting and scholarly legal Masterpiece, a true Handbook in the true sense of the word.’ -- Sally Ramage, The Criminal LawyerTable of ContentsContents: 1. Cultural Heritage Law James A.R. Nafziger and Robert Kirkwood Paterson 2. International Trade in Cultural Material James A.R. Nafziger and Robert Kirkwood Paterson 3. Australia Craig Forrest 4. Canada Robert Kirkwood Paterson 5. China James Ding 6. France Marie Cornu 7. Germany Kurt Siehr 8. Greece Elina N. Moustaira 9. Ireland Patricia Conlan 10. Israel Talia Einhorn 11. Italy Manlio Frigo 12. Japan Shigeru Kozai and Toshiyuki Kono 13. Mexico Ernesto Becerril 14. New Zealand Piers Davies and Paul Myburgh 15. Poland Andrzej Jakubowski and Olgierd Jakubowski 16. South Africa Margaret Beukes 17. Sweden Thomas Adlercreutz 18. Switzerland Marc-André Renold and Beat Schönenberger 19. Turkey Janet Blake 20. United Kingdom Kevin Chamberlain and Kristin Hausler 21. United States James A.R. Nafziger 22. Controls on the Export of Cultural Objects and Human Rights Kevin Chamberlain and Ana Vrdoljak 23. Foreign Culture: Export Controls on Material of Foreign Origin Robert K. Paterson and Marc-André Renold 24. A Legal Pluralist Approach to International Trade in Cultural Objects Francesca Fiorenti Index

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Book SynopsisTo a large extent, the global proliferation of IP laws in general and the development of Chinese IP law in particular can be described in terms of legal transplants. This remarkable book edited by Nari Lee, Niklas Bruun and Mingde Li is breaking new ground in the study of these phenomena. First, it provides a thorough theoretical introduction to legal transplants and the concept of governance. Second, it assembles case studies concerning timely topics in copyright, patent, and trade mark law, which illuminate that China is as well a 'norm-taker' as it increasingly becomes a 'norm-maker'. The studies are mostly written jointly by Chinese and non-Chinese authors. This pioneering approach brings together the two perspectives that are also pertinent in the process of transplantation, indigenization and transformation of IP laws. The collection thereby sets a new standard in the study of comparative IP law. It is an indispensable resource for everyone interested in Chinese and European IP law.'- Alexander Peukert, Goethe University, Frankfurt am Main, Germany'Governance of Intellectual Property Rights in China and Europe is a timely analysis of the ongoing transformation of China, from a manufacturing to a knowledge-based economy, mirrored in the transplant, application and evolution of its IP laws. The book is even more remarkable as the contributions are written to a great extent in co-authorship by Chinese and European scholars, providing a unique blend of opinions and legal comparative analysis on the subject. An exciting and thought-provoking volume!'- Stefan Luginbuehl, PhD, Attorney at Law, Lawyer at the European Patent OfficeIntellectual property (IP) law has been widely discussed in recent scholarship, though many recent works explore the topic from a largely descriptive perspective. This book provides an analytical and comparative study of Chinese and European IP law, as well as an analysis of system reforms in China.The book highlights, in three parts, intellectual property for innovation and creativity in China, comparing concepts and norms in Chinese and European IP law, and governance of practices and IP enforcement. Demonstrating that the governance of IP rights requires the adoption of a set of norms, the contributors also argue that success is dependent on a transformation of the perspectives and implementation.Students and scholars of IP law, and Chinese IP law in particular, will find this book to be a valuable resource to their work. It will also be of interest to IP practitioners looking for an insight into system reforms in China.Contributors include: D.O. Acquah, R.M. Ballardini, N. Bruun, Y. Guan, K. He, K. Larson, N. Lee, M. Li, Y. Li, M. Oker-Blom, B.P.-W. Liu, L. Tammenlehto, W. Wu, P.K. Yu, L. Zhang, Q.-S. Zhao, Y. Zhao, L. ZhouTrade Review‘To a large extent, the global proliferation of IP laws in general and the development of Chinese IP law in particular can be described in terms of legal transplants. This remarkable book edited by Nari Lee, Niklas Bruun and Mingde Li is breaking new ground in the study of these phenomena. First, it provides a thorough theoretical introduction to legal transplants and the concept of governance. Second, it assembles case studies concerning timely topics in copyright, patent, and trade mark law, which illuminate that China is as well a “norm-taker” as it increasingly becomes a “norm-maker”. The studies are mostly written jointly by Chinese and non-Chinese authors. This pioneering approach brings together the two perspectives that are also pertinent in the process of transplantation, indigenization and transformation of IP laws. The collection thereby sets a new standard in the study of comparative IP law. It is an indispensable resource for everyone interested in Chinese and European IP law.’ -- Alexander Peukert, Goethe University, Frankfurt am Main, Germany‘Governance of Intellectual Property Rights in China and Europe is a timely analysis of the ongoing transformation of China, from a manufacturing to a knowledge-based economy, mirrored in the transplant, application and evolution of its IP laws. The book is even more remarkable as the contributions are written to a great extent in co-authorship by Chinese and European scholars, providing a unique blend of opinions and legal comparative analysis on the subject. An exciting and thought-provoking volume!’ -- Stefan Luginbuehl, PhD, Attorney at Law, Lawyer at the European Patent Office‘Governance of Intellectual Property Rights in China and Europe is a highly valuable resource and therefore a recommended read for practitioners and academics alike. It is valuable not only for those whose expertise is in law, but also for economists, political scientists, and management experts wanting to better understand the process through which the governments in China and Europe not just transplant, but actually govern, IP law and practice.’ -- European Intellectual Property ReviewTable of ContentsContents: Introduction PART I INTELLECTUAL PROPERTY FOR INNOVATION AND CREATIVITY IN CHINA 1. Intellectual Property Law in China - From Legal Transplant to Governance Nari Lee 2. The Transplant and Transformation of Intellectual Property Laws in China Peter K.Yu 3. Legal Transplant of Intellectual Property Rights in China: Norm Taker or Norm Maker? Niklas Bruun and Liguo Zhang 4. Intellectual Property Law Revision in China: Transplantation and Transformation Mingde Li PART II COMPARING CONCEPTS AND NORMS IN CHINESE AND EUROPEAN IP LAW 5. Concept of Originality in Copyright Law in China and Europe Kan He 6. Orphan Works in China and Europe Yuying Guan 7. Art Law and Resale Rights in Europe and China Lin Zhou and Rosa Maria Ballardini 8. Parallel Trademark Law Reforms in China and Europe – An Informal Convergence? Liguo Zhang and Max Oker-Blom 9. The Glocalization of Patent Linkage In China Benjamin Pi-Wei Liu 10. Recent IP Legal Reforms in China and the EU in Light of Implementing IPR Strategies Liguo Zhang PART III GOVERNANCE OF PRACTICES AND IP ENFORCEMENT 11. China’s CMC system and its Problems from the Copyright Law of 1990 to its Third Amendment Weiguang Wu 12. Collective Rights Management in China and Europe: Between Market and Authority Nari Lee and Yang Li 13. A Comparative Study on the Relationship between Injunctions and FRAND Statements in China and the EU Qi-shan Zhao 14. European Standards in Chinese Courts – A Case of SEP and FRAND Disputes in China Yang Li and Nari Lee 15. The Emergence of Non-practicing Entities in China Kelli Larson 16. Special Intellectual Property Court in China Mingde Li 17. Chinese Developments Regarding Judicial Enforcement Mechanisms in Intellectual Property Law Yajie Zhao and Niklas Bruun 18. Criminal Enforcement of IPR in Nordic Countries and China Laura Tammenlehto and Kan He 19. Customs Enforcement of Intellectual Property in Europe and China Daniel Opoku Acquah and Kan He Index

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Book SynopsisThis Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural Heritage Law of the International Law Association.Following a comprehensive introduction to cultural heritage law, the book turns to the core topic of international trade. The General Agreement on Tariffs and Trade and a 1970 UNESCO convention on illegal trafficking in cultural material formed the foundation for progressive development of an impressive and still-evolving legal framework. Building on these and other instruments, the essays focus on import and export controls within specific national legal regimes. Concluding chapters contextualize additional important issues - including human rights, pluralism and nationalism - from a broader, global perspective. Innovative in its combination of comparative and international dimensions of the subject, this book provides a ready, well-documented reference to national and international regimes of control and a scholarly source for teaching and further research.Students, professors and practitioners of trade law, cultural heritage law and general international law will find this Handbook an invaluable resource.Contributors include: T. Adlercreutz, E. Beccerril, M. Beukes, J. Blake, K. Chamberlain, P. Conlan, M. Cornu, P. Davies, J. Ding, T. Einhorn, F. Fiorentini, C. Forrest, M. Frigo, K. Hausler, A. Jakubowski, O. Jakubowski, T. Kono, S. Kozai, E.N. Moustaira, P. Myburgh, J.A.R. Nafziger, R.K. Paterson, M.-A. Renold, B. Schönenberger, K. Siehr, A.F. VrdoljakTrade Review‘There is a sad dearth of writings on ‘Cultural Heritage’ with just two or three other books on this topic, the best, by far, being Elgar’s Handbook on the Law of Cultural Heritage and International Trade. I have seen no other book on this subject that even links International Trade Law with this subject and so the two Editors, Professors Nafziger and Paterson are to be hugely commended for this exciting and scholarly legal Masterpiece, a true Handbook in the true sense of the word.’ -- Sally Ramage, The Criminal LawyerTable of ContentsContents: 1. Cultural Heritage Law James A.R. Nafziger and Robert Kirkwood Paterson 2. International Trade in Cultural Material James A.R. Nafziger and Robert Kirkwood Paterson 3. Australia Craig Forrest 4. Canada Robert Kirkwood Paterson 5. China James Ding 6. France Marie Cornu 7. Germany Kurt Siehr 8. Greece Elina N. Moustaira 9. Ireland Patricia Conlan 10. Israel Talia Einhorn 11. Italy Manlio Frigo 12. Japan Shigeru Kozai and Toshiyuki Kono 13. Mexico Ernesto Becerril 14. New Zealand Piers Davies and Paul Myburgh 15. Poland Andrzej Jakubowski and Olgierd Jakubowski 16. South Africa Margaret Beukes 17. Sweden Thomas Adlercreutz 18. Switzerland Marc-André Renold and Beat Schönenberger 19. Turkey Janet Blake 20. United Kingdom Kevin Chamberlain and Kristin Hausler 21. United States James A.R. Nafziger 22. Controls on the Export of Cultural Objects and Human Rights Kevin Chamberlain and Ana Vrdoljak 23. Foreign Culture: Export Controls on Material of Foreign Origin Robert K. Paterson and Marc-André Renold 24. A Legal Pluralist Approach to International Trade in Cultural Objects Francesca Fiorenti Index

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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 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 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 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 SynopsisThis first supplement brings the second edition, which published in 2011, fully up to date.Table of ContentsChapter 1 Definitions and overview Chapter 2 Historical introduction and proposals for reform Chapter 3 Interpretation, policy and human rights Chapter 4 Title to land Chapter 5 The significance of adverse possession, discontinuance and dispossession Chapter 6 The requirement that possession must be ‘adverse’ and continuous Chapter 7 The meaning of ‘possession’ Chapter 8 The factual element of possession Chapter 9 The mental element of possession — the intention to possess Chapter 10 The extent of possession: when possession of part of the surface will be treated as possession of whole Chapter 11 The extent of possession: mines and minerals Chapter 12 Possession of specific types of land Chapter 13 Whether specific uses of land constitute possession Chapter 14 How long must time run for? Chapter 15 What will stop time running? Chapter 16 Extension of time by acknowledgement or payment Chapter 20 Unregistered title Chapter 21 Registered title — Part 1 Chapter 22 Registered title — Part 2 Chapter 23 Easements, profits and other rights Chapter 24 Leases Chapter 25 Encroachments Chapter 29 Co-ownership Chapter 33 Boundaries Chapter 35 Licences and tenancies at will

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Book SynopsisWhy should you buy Property Notices: Validity and Service third editionThe widely acclaimed Property Notices: Validity and Service provides the definitive account of the law relating to property notices. It contains a clear and practical guide to the legal principles governing whether a property notice is valid and whether it has been properly served. The importance of those principles for property lawyers cannot be over-stated: in the field of property law, rights are frequently exercised by the service of a notice and, for the party that has attempted to serve a notice (and perhaps its lawyers), the consequences of a finding that a notice is invalid may be disastrous.Property Notices: Validity and Service is the only work dedicated to this core area of practice and it is essential reading for all property lawyers.

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Book SynopsisThis research review provides thought-provoking discussion of the most influential papers in the field of comparative property law. These articles have played an essential role in shaping property law discourse on both a national and global level. The review carefully examines different concepts and aspects of property, including theoretical approaches and comparative perspectives, followed by a series of key constitutional questions. This structure offers the reader the opportunity to trace the evolution of comparative property law through the global legal community. Students, teachers and practitioners will find this analysis both a fascinating read and a helpful tool in thoroughly understanding the central, yet profoundly puzzling topic of comparative property law.Trade Review‘Through a stimulating compilation of break-through essays by outstanding legal scholars, this collection traces the history of legal ideas regarding and surrounding property. By identifying the link between old and new research perspectives on property law, the volumes take the reader from a static dimension and analysis of property, to a modern, dynamic, global and comparative approach to it.’ -- – Mauro Bussani, Univeristy of Trieste, Italy and University of Macao, S.A.R of the P.R. of ChinaTable of ContentsContents: Introduction Antonio Gambaro PART I HISTORICAL BACKGROUND OF CONTEMPORARY DISCOURSES 1. Peter Birks (1985), ‘The Roman Law Concept of Dominium and the Idea of Absolute Ownership’, Acta Juridica, 1985, 1–37 2. Carol M. Rose (1998–99), ‘Canons of Property Talk, or, Blackstone’s Anxiety’, Yale Law Journal, 108 (3), December, 601–32 PART II PROPERTY IN MODERN THEORY 3. Wesley Newcomb Hohfeld (1913), ‘Some Fundamental Legal Conceptions as Applied in Judicial Reasoning’, Yale Law Journal, 23 (1), November, 16–59 4. Wesley Newcomb Hohfeld (1917), ‘Fundamental Legal Conceptions as Applied in Judicial Reasoning, Yale Law Journal, 26 (8), June, 710–70 5. A. M. Honoré (1961), ‘Ownership’, in A. G. Guest (ed.), Oxford Essays in Jurisprudence: A Collaborative Work, Chapter V, London, UK: Oxford University Press, 107–47 6. Guido Calabresi and A. Douglas Melamed (1972), ‘Property Rules, Liability Rules, and Inalienability: One View of the Cathedral’, Harvard Law Review, 85 (6), April, 1089–1128 7. Bernard Rudden (1994), ‘Things as Thing and Things as Wealth’, Oxford Journal of Legal Studies, 14 (1), Spring, 81–97 8. Amnon Lehavi (2008), ‘The Property Puzzle’, Georgetown Law Journal, 96 (6), August, 1987–2027 9. Henry E. Smith (2012), ‘Property as the Law of Things’, Harvard Law Review, 125 (7), May, 1691–1726 10. Thomas W. Merrill (2012), ‘Property as Modularity’, Harvard Law Review, 125 (7), May, 151–63 11. Christian von Bar and Ulrich Drobnig (2004), ‘Law of Things or Property Law?’, in The Interaction of Contract Law and Tort and Property Law in Europe: A Comparative Study, Part 2: Section 1, Munich, Germany: Sellier European Law Publishers, 317–20 12. Anna di Robilant (2013), ‘Property: A Bundle of Sticks or a Tree?’, Vanderbilt Law Review, 66 (3), April, 869–932 PART III COMPARATIVE OVERVIEW 13. John Henry Merryman (1974), ‘Ownership and Estate (Variation on a Theme by Lawson)’, Tulane Law Review, 48, 916–45 14. Ugo Mattei (2000), ‘Preface’ and ‘History’, in Basic Principles of Property Law: A Comparative Legal and Economic Introduction, Preface and Chapter 1, Westport, CT, USA: Greenwood Press, xi–xiv, 1–27 15. Sjef van Erp (2006), ‘Comparative Property Law’, in Mathias Reimann and Reinhard Zimmermann, The Oxford Handbook of Comparative Law, Part III, Chapter 32, New York, NY, USA: Oxford University Press, 1044–70 16. Francesco Parisi (2002), ‘Entropy in Property’, American Journal of Comparative Law, 50 (3), Summer, 595–632 17. Michael Trebilcock and Paul-Erik Veel (2008), ‘Property Rights and Development: The Contingent Case for Formalization’, University of Pennsylvania Journal of International Law, 30 (2), 397–481 18. Anna di Robilant (2014), ‘Property and Democratic Deliberation: The Numerus Clausus Principle and Democratic Experimentalism in Property Law’, American Journal of Comparative Law, 62 (2), Spring, 301–350 19. Yun-chien Chang and Henry E. Smith (2015), ‘Structure and Style in Comparative Property Law’, in Theodore Eisenberg and Giovanni B. Ramello (eds), Comparative Law and Economics, Part II, Chapter 6, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 131–60 Volume II Contents: Introduction An introduction to both volumes by the editor appears in Volume I PART I PROPERTY PROBLEMS IN COMPARATIVE PERSPECTIVES 1. Michael A. Heller (1998), ‘The Tragedy of the Anticommons: Property in the Transition from Marx to Markets’, Harvard Law Review, 111 (3), January, 621–88 2. Thomas W. Merrill and Henry E. Smith (2000), ‘Optimal Standardization in the Law of Property: The Numerus Clausus Principle’, Yale Law Journal, 110 (1), October, 1–70 3. Sjef van Erp (2003), ‘A Numerus Quasi-Clausus of Property Rights as a Constitutive Element of a Future European Property Law?’, Electronic Journal of Comparative Law, 7 (2), June, accessed on 7th December 2016, 1–12, http://www.ejcl.org/72/abs72-2.html 4. Christian von Bar (2014), ‘The Numerus Clausus of Property Rights: A European Principle?’, in Louise Gullifer and Stefan Vogenauer (eds), English and European Perspectives on Contract and Commercial Law: Essays in Honour of Hugh Beale, Chapter 23, Oxford, UK and Portland, OR, USA: Hart Publishing Ltd, 441–54 5. Henry Hansmann and Ugo Mattei (1998), ‘The Functions of Trust Law: A Comparative Legal and Economic Analysis’, New York University Law Review, 73 (2), May, 434–79 6. Michele Graziadei, Ugo Mattei and Lionel Smith (2005), ‘Commercial Trusts in European Private Law: The Interest and Scope of the Enquiry’, in Commercial Trusts in European Private Law, Part 1: Chapter 1, New York, NY, USA: Cambridge University Press, 3–44 7. Michael Milo and Jan Smits (2000), ‘Trusts in Mixed Legal Systems: A Challenge to Comparative Trust Law’, European Review of Private Law, 8 (3), 421–26 8. Daniel Clarry (2014), ‘Fiduciary Ownership and Trusts in a Comparative Perspective’, International and Comparative Law Quarterly, 63 (4), October, 901–33 9. J. W. Harris (1996), ‘Who Owns My Body’, Oxford Journal of Legal Studies, 16 (1), Spring, 55–84 10. Antonio Gambaro (2013), ‘Community, State, Individuals and the Ownership of Cultural Objects’, in Jorge A. Sánchez Cordero (ed.), The 1970 UNESCO Convention: New Challenges, Mexico City, Mexico: Universidad Nacional Autónoma de México, 135–49 11. Ulrich Bälz (1997), ‘Fundamental Changes in the Protection of Property – Some Comparative Reflections’, Tel Aviv University Studies in Law, 13, 221–30 PART II CONSTITUTIONAL PROPERTY 12. Charles A. Reich (1964), ‘The New Property’, Yale Law Journal, 73 (5), April, 733–87 13. Frank I. Michelman (1967), ‘Property, Utility, and Fairness: Comments on the Ethical Foundations of “Just Compensation” Law’, Harvard Law Review, 80 (6), April, 1165–1258 14. Frank I. Michelman (1996), ‘Socio-Political Functions of Constitutional Protection for Private Property Holdings (In Liberal Political Thought)’, in G. E. Van Maanen and A. J. van der Walt (eds), Property Law on the Threshold of the 21st Century, Antwerp, Belgium and Apeldoorn, the Netherlands: MAKLU Uitgevers, 433–50 15. Carol M. Rose (2000), ‘Property and Expropriation: Themes and Variations in American Law’, Utah Law Review, 2000 (1), 1–38 16. Gregory S. Alexander (2006), ‘Lessons for American Takings Jurisprudence’, in The Global Debate over Constitutional Property: Lessons for American Takings Jurisprudence, Chapter 5, Chicago, IL, USA: University of Chicago Press, 199–243, 303–12 17. James Y. Stern (2013), ‘Property’s Constitution’, California Law Review, 101 (2), April, 277–326 Index

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