Property law: general Books
Law Brief Publishing A Practical Guide to Responding to Housing Disrepair and Unfitness Claims
£49.99
Law Brief Publishing A Practical Guide to the Law of Dilapidations - Second Edition
£82.83
De Gruyter Das Elsaß-Lothringische Katastergesetz Vom 31.
Book Synopsis
£95.00
Springer Das Recht auf Mietwohnungstausch
Book SynopsisEinführung.- Wertungsgrundlagen des Wohnraummietrechts.- Recht auf Mietwohnungstausch in der historischen Rückschau.- (Recht auf) Mietwohnungstausch nach geltendem Recht.- Fortbildung des geltenden Rechts um ein Recht auf Mietwohnungstausch de lege ferenda.- Rechtspolitische Empfehlung.- Zusammenfassung.
£71.24
Alpha Edition An essay on possession in the common law
Book Synopsis
£18.67
Springer Shadow Property and the Hidden Empire of Ego
Book SynopsisIntroduction Shadow Property and the Hidden Empire of Ego.-Law.- Private Property.-Ego.- Unjustifiable Law.- Reflections on Obligation.
£135.99
Amazon Digital Services LLC - Kdp Comprehensive Legal Defense Paper for Property Buyers
£25.10
Amazon Digital Services LLC - Kdp The Investors Blueprint
£10.86
Bath Publishing Ltd A Practical Guide to Planning Highways
Book SynopsisThe only book out there to draw together all the disparate law on highways in development projects Managing and providing highways and highway improvements looms large in many building projects but the law and rules regulating their part in the planning and development processes are complex and widespread. A Practical Guide to Planning, Highways and Development brings that law together in a single, invaluable volume. Tom Graham, a specialist planning and highway lawyer, explains all the knotty problems raised by highways so you can get authoritative guidance on such issues as: Essential highway law concepts, including ''ransom'' strips Dealing with highway matters in the planning process, including by conditions and planning agreements The impact of national policies, development plans and technical guidance on proposed developments The drafting, use and misuse of Section 38 Agreements and Section 278 Agreements Alongside this essential commentary, is an invaluable set of annotated sam
£45.00
Taylor & Francis Ltd The Electronic Communications Code and Property
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
£209.00
Bloomsbury Publishing PLC The Law of Property Damage
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.
£213.75
Rowman & Littlefield Property and the Pursuit of Happiness: Locke, the
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
£37.00
Bloomsbury Publishing PLC Adverse Possession: First Supplement to the
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
£99.75
Bloomsbury Publishing PLC Proprietary Remedies in Context
Book SynopsisThere is a tension in English law between the idea that the courts might provide a remedy by creating new property rights and the understanding that the judiciary's role is limited to the protection of existing proprietary interests with the power to redistribute property residing in the legislature alone. While there are numerous instances in which the courts intervene to readjust property rights,these are disguised in metaphor and fiction. However, this has meant that the law in this area has developed without open consideration of justifications for redistributing property. The result of this is that there is little coherence in the law of proprietary remedies as a whole and a good deal of it is indefensible. The book examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust in the context of contracts to assign property, vitiated transactions, the profits of wrongdoing and the breakdown of intimate relationships. It contrasts the English treatment of this area of law with developments in other common law jurisdictions where a more dynamic understanding of property has permitted more open acknowledgement of the judicial role in redistributing proprietary rightsTrade ReviewProprietary Remedies in Context is a rewarding book, with much to offer. It has a healthy radical edge and it argues with care, conviction and high intelligence. A great deal is packed into the book, but the virtues of clarity and economy of expression are very evident. David Carey Miller Legal Studies May 2003Table of ContentsPart 1 Property and proprietary remedies: exploring the idea of remedial trusts - from remedy to property - the development of the trust, different uses of the constructive trust, the remedial/institutional dichotomy; redistribution and property rites - two conceptions of property, property in English legal thought, the influence of these understandings on the law of proprietary remedies, orthodox and redistributive proprietary remedies, reason and ritual in the law of proprietary remedies; the legacy of legal realism - instrumentalist approaches to property - property in American legal thought, instrumentalism in proprietary remedies in US law, instrumentalism in other common law jurisdictions, formalism and instrumentalism contrasted; the normative foundations of proprietary claims and remedies - considerations of justice and efficiency for giving owners relief against third parties, rights to profit, should these remedies be specific?, should these remedies have priority in bankruptcy?. Redistributive proprietary remedies: the metaphysics of tracing - substituted title and property rhetoric - analysing tracing, the metaphysics of tracing - the denial of the remedial nature of tracing in legal discourse, an explanation of tracing rhetoric - the reconciliation of tracing with axiomatic notions of property rights, the normative basis for substituted title, the consequences of tracing discourse for the substantive, some realism about tracing, conclusion; the proprietary consequences of a vitiated intention to transfer property - "an intolerable reproach to our system of jurisprudence"? - the possible legal responses to a vitiated consent to pass title, vitiated intent and equitable title - doctrinal responses, proprietary relief for vitiated transfers - relevant policy considerations; qualified consent to transfer property - the mysterious basis of the quistclose trust - conceptualising the quistclose trust, considerations of justice and efficiency; obligation into ownership - constructive trusts and liens in arrangements to assign property - the distribution of entitlements in sale of goods transactions, the passage of title in equity - constructive trusts and liens arising in the context of contracts of sale, conclusion; proprietary relief for enrichment by wrongs - the shifting boundary between ownership and obligation - proprietary relief for enrichment by wrongs - a normative analysis, Lister v. Stubs and the ownership/obligation distinction, deducing ownership from obligation - AG for Hong Kong v. Reid, proprietary relief for enrichment by wrongs in North American legal thought, conclusion - the limits and price of formalism; the division of assets on the breakdown of intimate relationships - the limits of private ordering - introduction, from contract to status - justifications for judicial intervention, the inadequacy of justifications offered for intervention in this area, the limits of the private ordering paradigm (Part Contents).
£114.00
Bloomsbury Publishing PLC Modern Studies in Property Law - Volume 3
Book SynopsisThis book comprises a collection of papers given at the fifth biennial conference of the Centre for Property Law at the University of Reading held in March 2004,and is the third in the series Modern Studies in Property Law. The Reading conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume includes a refereed and revised selection of the papers given there. The papers thus cover a broad range of topics of immediate importance including: land registration, leasehold and commonhold, prescription and law and equity. A growing and popular aspect of the series is its coverage of property law matters worldwide; this volume includes essays on property law in developing countries, in South Africa, Canada, and Eastern Europe.Table of ContentsI - Keynote Address 1. Prescriptive Acquisition of Easements: Abolition or Reform? Stuart Bridge II - Land Registration 2. Forgery and Alteration of the Register under the Land Registration Act 2002 David Fox 3. Registration of Invalid Dispositions: Who Gets the Property? Pamela O’Connor 4. Toward an Ecologically Sustainable Property Concept Murray Raff III - Law and Equity 5. Personal Liability for Receipt of Trust Property: Allocating the Risks Gary Watt 6. Co-Owners and Equitable Accounting: A Comparative Commonwealth Analysis Heather Conway 7. Allcard v Skinner Revisited: Historical Perspectives on Undue Influence Charlotte Smith 8. Charges, Possession and Human Rights: A Reappraisal of S 87(1) of the Law of Property Act 1925 Sarah Nield 9. Re Goldcorp Exchange Ltd Revisited Paul Eden IV - Leaseholds and Commonholds 10. The Regulation of Long Residential Leases Martin Davey 11. Commonhold—A Critical Appraisal Cornie van der Merwe and Peter Smith V - Property in Europe 12. The Notion of Real Estate and Rights Pertaining to it in Selected Legal Systems Stanislawa Kalus and Magdalena Habdas 13. Reaching a Balance: Addressing Property Issues in Post-Conflict Societies Sarah Williams VI - Property Worldwide 14. Tensions of Modernity: Law in Developing Land Markets Patrick McAuslan 15. Formalisation of South African Communal Land Title and its Impact on Development Hanri Mostert and Juanita Pienaar 16. “Taking” Liberties: Protections for Private Property in Canada Bruce Ziff 17. Property Theory and the Transformation of Property Law Andre van der Walt
£133.00
Bloomsbury Publishing PLC Modern Studies in Property Law - Volume 4
Book SynopsisThis book is a collection of papers given at the sixth biennial conference at the University of Reading held in March 2006, and is the fourth in the series Modern Studies in Property Law. The Reading conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume is a refereed and revised selection of the papers given there. It covers a broad range of topics of immediate importance, not only in domestic law but also on a worldwide scale.Table of ContentsI - Keynote Address 1. Reforming Housing Law: A Progress Report Martin Partington II - Law and Equity 2. Equitable Co-ownership: Proprietary Rights in Name Only? Martin Dixon 3. Why is the Law of Undue Influence so Hard to Understand and Apply? Graham Ferris 4. The Lie of the Land: Mortgage Law as Legal Fiction Gary Watt 5. Curbing the Enthusiasm of Finders Robin Hickey 6. Leases: Rethinking Possession against Vulnerable Groups Warren Barr 7. Reconciling Property Law and Social Security Law: Same Concepts, Different Meanings? Nicholas Hopkins and Emma Laurie III - Possession of Land 8. The Acquisition of Rights in Property by the Effluxion of Time Amy Goymour 9. An Adjudication Rule for Encroachment Disputes: Adverse Possession or a Building Encroachment Statute? Pamela O’Connor 10. de Soto Discovers the Prairies:Of Squatters and the Canadian West Bruce Ziff and Sean Ward IV - Property, Empire and Indigenous Title 11. Land Law and the Making of the British Empire Patrick McAuslan 12. Translating Native Title to Individual ‘Title’ in Australia: Are Real Property Forms and Indigenous Interests Reconcilable? Lee Godden and Maureen Tehan 13. Individual Title versus Collective Title in Australia: Reflections on the North American and New Zealand Experiences of Indigenous Title to Land M A Stephenson
£100.00
Dundee University Press Ltd Property Law Essentials
Book Synopsis
£18.99
Bloomsbury Publishing PLC Modern Studies in Property Law - Volume 6
Book SynopsisThe Modern Studies in Property Law Conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. The eighth biennial conference was held at the University of Oxford in March 2010, and this book is the sixth in the series Modern Studies in Property Law. The volume is a refereed and revised selection of the papers given at the Oxford conference, covering a broad range of topics of contemporary importance, both nationally and internationally. The book includes chapters written by the key speakers at the conference: Lady Justice Arden, Professor Kevin Gray and Law Commissioner, Professor Elizabeth Cooke.Table of ContentsI: The 'Propertiness' of Property 1. Recreational Property Kevin Gray 2. Lighting the Way Ahead: The Use and Abuse of Property Rights Paul S Davies 3. Water Matters: A Study of Water-Related Problems in Property Law The Rt Hon Lady Justice Arden DBE 4. From Obligations to Proprietary Interests: A Critique of the Charging Orders System in England and Wales David Capper, Heather Conway and Lisa Glennon 5. Clash of the Titans: Article 8, Occupiers and Their Home Sarah Nield II: Doctrinal Development of Property Rights 6. The Rise and Fall of the Implied Periodic Tenancy Jill Morgan 7. A Longitudinal Analysis of the Mortgage Repossession Process 1995-2010: Stability, Regulation and Reform Lisa Whitehouse 8. Proprietary Estoppel, Promises and Mistaken Belief John Mee III: Easements, Covenants and Public Rights of Way: Scope and Reform 9. The Genetics of Appurtenant Interests Elizabeth Cooke 10. Framework for Land Obligations: What Can be Learnt from the Scots Law of Real Burdens? Lu Xu 11. The Consequences of Genetic Engineering: A Comment on Lu Xu's Chapter Elizabeth Cooke 12. Prescription and User 'As of Right': Ripe for Wholesale Reform? Rowena Meager IV: Land Registration 13. Morality and the Mirror: The Normative Limits of the 'Principles of Land Registration' Aruna Nair 14. Bijural Ambiguity and Values in Land Registration Systems Matthew Harding and Robin Hickey V: Theoretical Enquiries about Property 15. The Numerus Clausus Principle and Covenants Relating to Land Ben McFarlane 16. Conversion of Contractual Rights Amy Goymour 17. Intellectual Property and the Concept of Dematerialised Property Andreas Rahmatian
£152.00
Bloomsbury Publishing PLC Modern Studies in Property Law - Volume 7
Book SynopsisThis book contains a collection of peer reviewed papers presented at the ninth biennial Modern Studies in Property Law conference held at the University of Southampton in March 2012. It is the 7th volume to be published under the name of the conference. The conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects both the breadth of modern research in property law and its international dimensions. Incorporating a keynote address by Lord Walker of Gestingthorpe, retired Justice of the Supreme Court, on 'The Saga of Strasbourg and Social Housing,' a number of chapters reveal the bourgeoning influence of human rights in property law. Other contributions illustrate an enduring need to question and explore fundamental concepts of the subject alongside new and emerging areas of study. Collectively the chapters demonstrate the importance and relevance of property research in addressing a wide range of contemporary issues.Table of ContentsPART I: PROPERTY AND HOUSING 1. The Saga of Strasbourg and Social Housing Lord Walker of Gestingthorpe 2. Owning Part but Losing All: Using Human Rights to Protect Home Ownership Susan Bright, Nicholas Hopkins and Nicholas Macklam 3. The Big Society and Social Housing: Never the Twain Shall Meet? Warren Barr 4. Regulating Residential Tenancies in Ireland: Rights, Responsibilities and Enforcement Áine Ryall PART II: CHALLENGING PERCEPTIONS OF PROPERTY AND TRUSTS 5. Shapeless Trusts and Settlor Title Retention: An Asian Morality Play Adam S Hofri-Winogradow 6. Misplaced Trust: First Principles and the Conveyance of Legal Leases to Minors Leslie Turano-Taylor 7. The Community of Owners' Regulation of Common Property in Polish Condominium Schemes Magdalena Habdas 8. Collective Property: Owning and Sharing Residential Space Sarah Blandy 9. Earth under the Nails: The Extraordinary Return to the Land Sue Farran PART III: INTERSECTIONS BETWEEN PRIVATE PROPERTY, THE PUBLIC AND THE STATE 10. Towards an Understanding of Public Property John Page 11. The Sale of Items in Museum Collections Janet Ulph 12. Property as a Human Right: Another Casualty of the 'War on Terror'? Frankie McCarthy 13. The Evolving Relationship between Property and Participation in English Planning Law Rachael Walsh 14. The Rise of Property Rights: Implications for Urban Planning, Environmental Protection and Biodiversity Conservation in Australia Peter Williams PART IV: THE NATURE, CONTENT AND ACQUISITION OF PROPERTY 15. 'Persistent Rights' Appraised Simon Gardner 16. The Content of a Freehold: A 'Right to Use' Land? Simon Douglas 17. Property and Alienation: Rights, Obligations, Restraints Scott Grattan 18. Possession Taken by Theft and the Original Acquisition of Personal Property Rights Robin Hickey 19. The Prevalence of Private Takings Emma JL Waring
£133.00
Bloomsbury Publishing PLC Modern Studies in Property Law - Volume 8
Book SynopsisThis book contains a collection of peer-reviewed papers presented at the Tenth Biennial Modern Studies in Property Law Conference held at the University of Liverpool in April 2014. It is the eighth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Incorporating a keynote address by Sir John Mummery, retired Lord Justice of Appeal, on ‘Property in the Information Age’, a number of chapters consider the contribution of property law to issues central to the human condition; the home, health and death. Other papers illustrate an enduring need to question and explore fundamental concepts of the subject as well as to consider the challenges of reforming the law. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.Table of ContentsPart I: Law Reform and Property Law 1. Property in the Information Age SIR JOHN MUMMERY 2. A Golden Era? The Impact of the Scottish Law Commission on Property Law ANDREW JM STEVEN 3. Reforming the Law of Prescription: A Cautionary Tale from Ireland PROFESSOR JOHN MEE Part II: Property and Planning 4. Simplifying Planning Law: A More Radical Approach CHARLES MYNORS 5. Land: Balancing Competing Economic and Social Interests BARBARA BOGUSZ 6. Developers versus Protestors: Contractual Licensees and Possession Claims Post Dutton ADAM BAKER Part III: Property and Death 7. Do Parents Always Know Best? Posthumous Provision and Adult Children HEATHER CONWAY 8. Property of the Mentally Incapacitated: Statutory Wills in England and Australia FIONA BURNS 9. Testamentary Freedom: Mutual Wills Might Let You Down SIÔN HUDSON AND BRIAN SLOAN 10. Intestate Property Distribution at Death in the United States CARYL A YZENBAARD Part IV: Property and Ownership 11. Challenging ‘ Home ’ as a Concept in Modern Property Law: Lessons from the Supreme Court Post- Stack and Jones CHRIS BEVAN 12. Land Titling and Communal Property ALISON CLARKE 13. Subsurface Ownership: English or American Rules, Ok? JILL MORGAN 14. Temporal Pluralism: Voluntary Sector Property Partnerships CHRIS WILLMORE 15. Reflections on Formalities GRAHAM FERRIS 16. Constitutional Land Law: Mexfield and the 40-Shilling Freehold JUANITA ROCHE Part V: Property and Title 17. Registered Title and the Assurance of Reliability SIMON COOPER 18. Commonhold Developments in Practice LU XU 19. Practical Approaches to the Numerus Clausus of Land Rights: How Legal Professionals in South Africa and the Netherlands Deal with Certainty and Flexibility in Property Law HANRI MOSTERT AND LEON VERSTAPPEN
£133.00
Avizandum Publishing Ltd Common Good Law
Book SynopsisCommon Good Law is the only book to deal with this neglected area of Scots property law. The second edition includes discussion of the important recent case of Portobello Park Action Group Association and of the changes made by the Community Empowerment (Scotland) Act 2015 and the Land Reform (Scotland) Act 2016.
£36.10
Clarus Press Ltd Principles of Irish Property Law
Book SynopsisTable of Contents* Foundational Concepts * Feudalism and Tenure * Equitable Principles * Estates * Future Interests and Rules against Remoteness * Settlements and Trusts of Land * Systems of Land Registration * Co-Ownership * Homes * Licences and Rights of Residence * Freehold Covenants * Easements * Mortgages * Adverse Possession * Landlord and Tenant Law * Succession
£75.05
Clarus Press Ltd Will Trusts and Equitable Property Rights
Book SynopsisWill Trusts and Equitable Property Rights, provides an in-depth and comprehensive coverage and analyses of the law relating to will trusts and equitable property rights, and is the third and final book completing the trilogy of practitioner books on wills by the leading expert on this area. The twenty-seven chapters of the book present an incisive view of the following material relating to the subject matter of the book: • The creation of trusts by wills by use of precedents • The creation of family will trusts by use of precedents • The creation of will trusts of land by use of precedents • Discretionary will trusts by use of precedents • The creation of charitable trusts by will • The exercise of powers by will trust • The modification of trusts in wills by equitable doctrinesTable of ContentsContent Includes PART ONE: WILL TRUSTS Chapter 1: The Creation of Trusts by Will Chapter 2: Family Will Trusts Chapter 3: Trusts of Land by Will Chapter 4: Discretionary Will Trusts Chapter 5: Charitable Will Trusts Chapter 6: Powers and Will Trusts Chapter 7: The Modification of Trusts by Equitable Doctrines Chapter 8: The Rule Against Double Portions Chapter 9: Equitable and Statutory Advancements PART TWO: EXECUTORS AND TRUSTEES OF WILL TRUSTS Chapter 10: Executors and Trustees of Will Trusts Chapter 11: Beneficiaries of Will Trusts Chapter 12: The Removal of Executors and Trustees Chapter 13: The Liability of Executors, Trustees and Solicitors PART THREE EQUITABLE PROPERTY RIGHTS Chapter 14: Snell’s Principles Chapter 15: The Acquisition of Equitable Property Rights by Re-Formulated Proprietary and Promissory Estoppel Chapter 16: The Concept of Remedial Constructive Trust Chapter 17: The Acquisition of Equitable Property Rights by Constructive Trusts Chapter 18: The Creation of Property Rights by Donationes Mortis Causa Chapter 19: The Creation of Equitable Property Rights by Secret and Half-Secret Trusts Chapter 20: The Creation of Contractual and Equitable Rights by Joint Bank Accounts PART FOUR: ACTIONS INVOLVING WILL TRUSTS AND EQUITABLE PROPERTY RIGHTS Chapter 21: Actions Involving Trusts and Wills Chapter 22: The Construction of Will Trusts Chapter 23: Actions for Breach of Trust Chapter 24: Actions Involving Equitable Property Rights Chapter 25: Actions in the Circuit Court Chapter 26: Interpretative Sources of Legal Practice
£128.25
Clarus Press Ltd Housing: Law and Practice
Book SynopsisHousing: Law and Practice focuses on the role of local authorities as housing providers under the Housing Acts and related legislation. This also book deals with a wide range of issues including: • social and affordable housing; • local authority powers of CPO in respect of their housing function; • housing authorities and the Traveller community; • human rights and constitutional law relating to housing, as well as the impact of the ECHR Act 2003 upon housing authorities; • issues of anti-social behaviour; • potential liability of housing authorities in respect of the exercise, or nonexercise, of their functions; • issues of eviction and of homelessness and emergency accommodation. • contains a comprehensive account of the Housing Acts and related regulation; • provides clear discussion of the case-law that illuminates the potential liability of housing authorities in areas such as housing provision and maintenance, the termination of tenancies, as well as planning; • Contains an analyses of the key legislation and case-law which will save time when dealing with housing issues.Table of Contents• Functions of Housing Authorities • Social and Affordable Housing • The Sale and Lease of Dwellings • Management, Control and Enforcement Functions • Recovery of Possession of Dwellings by Housing Authorities • Liability of Housing Authorities • Housing Authorities and the Compulsory Acquisition of Land • Housing and Traveller Accommodation • Homelessness and Emergency Accommodation • Housing Law, Constitutional Law and Human Rights
£137.75
Kohlhammer Wohnungseigentumsrecht Fur Praktiker: Leitfaden
Book Synopsis
£37.40
Duncker & Humblot Der Soziale Bezug Des Eigentums: Eine Betrachtung
Book Synopsis
£74.93
Lit Verlag Art and Law A Comprehensive Guide to South
Book SynopsisThis handbook aims to provide a comprehensive overview of the multi-faceted art law within the legal framework applicable to South Africa. In four ''phases'', it provides answers to legal questions that arise from the initiation of an art project up to its exploitation. It is aimed at both law students who have an academic interest in an in-depth introduction to art law and practitioners from the art world, and is therefore equipped with numerous explanatory examples. The contents were prepared by students of the Art Law Clinic Stellenbosch and revised by the editors mentioned below.
£29.70
Oxford University Press Charters of Northern Houses
Book SynopsisAnglo-Saxon Northumbria is renowned for producing scholars of the eminence of Bede and Alcuin and saints of the stature of Cuthbert and Oswald. But despite its enormous cultural and political impact on the course of early English history, only a relatively small amount of documentary material has survived, scattered through five different archives. This book constitutes the first edition of all Anglo-Saxon charters surviving in archives north of the River Humber, a body of material previously neglected. It provides edited texts, together with detailed analysis and commentary, for twenty-one documents which have been preserved in the ecclesiastical archives of York, Beverley, Ripon and Durham, and also a unique survival from Lowther Castle. These commentaries also provide translations and elucidations of each Old English boundary clause and assessments regarding each document''s authenticity. The charters themselves are preceded by comprehensive historical introductions which not only pTrade Reviewextensive and well-researched. * Christiane Kroebel, Yorkshire Archaeological Journal *a welcome addition * Northern History *Table of ContentsGENERAL INTRODUCTION; LIST OF NORTHERN CHARTERS; CONCORDANCE; YORK; SIGLA; NOTE ON THE METHOD OF EDITING; THE CHARTERS OF YORK; BEVERLEY; INTRODUCTION; SIGLA; NOTE ON THE METHOD OF EDITING; THE CHARTERS OF RIPON; DURHAM; INTRODUCTION; SIGLA; NOTE ON THE METHOD OF EDITING; THE CHARTERS OF DURHAM; LOWTHER CASTER; INTRODUCTION; SIGLA; NOTE ON THE METHOD OF EDITING; CHARTER OF LOWTHER CASTLE; APPENDICIES
£90.25
The University of Chicago Press Commodity Propriety
Book SynopsisA history of the meaning of property, this text aims to uncover in American legal writing a competing vision of property which has existed alongside the traditional conception. It argues that property has also been understood as propriety, a method for creating and maintaining an organized society.
£38.00
The University of Chicago Press The Grasping Hand Kelo v. City of New London and
Book SynopsisThe Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in the Fort Trumbull area and transfer them to a new private owner. This book offers an analysis of the case alongside a history of the meaning of public use and the use of eminent domain and an evaluation of options for reform.Trade Review"Somin's thorough rebuttal of the constitutional reasoning and philosophical implications of the Supreme Court's Kelo decision demonstrates why that ruling was a constructive disaster: It was so dreadful it has provoked robust defenses of the role of private property in sustaining Americans' liberty." (George F. Will)
£26.00
The University of Chicago Press The Grasping Hand Kelo v. City of New London and
Book SynopsisIn 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for public use, the Court ruled that the transfer of condemned land to private parties for economic development is permitted by the Constitution even if the government cannot prove that the expected development will ever actually happen. The Court's decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and blight condemnations are unconstitutional under both originalist and most living constitution theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city's poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court's unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
£19.00
The University of Chicago Press Building a Revolutionary State The Legal
Book SynopsisHow does a state function during the collapse of institutions that revolutions bring? Pashman answers that in the case of New York during and after the Revolutionary War, showing how a new state was built on the fly.
£27.85
John Wiley & Sons Inc Heritage Resources Law
Book SynopsisA comprehensive reference for the growing field of environmental law, this important legal primer defines and interprets the statues and federal policies that protect archeological resources in land and water environments.Table of ContentsIntroduction to Heritage Resources Law. Federal Compliance Statutes. Federal Enforcement Statutes. Native American Heritage Resources. Heritage Resources in the Marine Environment.
£118.76
John Wiley & Sons Inc U.S. Landscape Ordinances
Book SynopsisState-by-state listings and explanations of municipal landscape ordinances In U.S. Landscape Ordinances, Buck Abbey furnishes landscape architects, planners, land-use attorneys, and students with a much-needed resource. This state-by-state presentation demystifies the complex planning laws and ordinances that determine landscape design parameters for more than 300 American cities. The author highlights sections of each ordinance that pertain to landscape architecture, boils the legalese down to plain English, explains the law''s main purpose and regulatory function, and spells out the practical implications from a design perspective. With the help of more than fifty diagrams and drawings that clarify complex spatial concepts, U.S. Landscape Ordinances reviews the entire spectrum of green laws currently on the books, including ordinances that cover: * Parking lots and vehicular use areas * Landscape buffers and screens * Street tree plantinTable of ContentsINTRODUCTION: LANDSCAPE ORDINANCES. ANNOTATED LANDSCAPE ORDINANCES. Alabama. Alaska. Arizona. Arkansas. California. Colorado. Connecticut. Florida. Georgia. Hawaii. Illinois. Indiana. Iowa. Kansas. Kentucky. Louisiana. City and Town Ordinances. Parish Ordinances. State Ordinances. Louisiana Tree Ordinances. Maine. Maryland. Massachusetts. Michigan. Minnesota. Mississippi. Missouri. Nebraska. Nevada. New Hampshire. New Jersey. New Mexico. New York. North Carolina. Ohio. Oklahoma. Oregon. Pennsylvania. South Carolina. South Dakota. Tennessee. Texas. Virginia. Washington. Wisconsin. Appendices. Selected Bibliography. Index.
£94.46
John Wiley & Sons Inc Surveying the Courtroom
Book SynopsisAn outstanding reference that demystifies the legal process forexpert witnesses in land and natural resource disputes A vast and complex body of laws surrounds the ownership anddisposition of land resources today--so it is no wonder that landexperts who assist in land and natural resource disputes often findthemselves grappling with the challenging intricacies of the modernlegal process. This book offers a vital road map through thelabyrinth of civil laws and procedures that professionals whoassist in such cases must navigate. In Surveying the Courtroom, Second Edition, John Briscoeexplains--in plain English--all pertinent rules of evidence andprocedure. From the filing of a complaint to its resolution, heguides you through each phase of a land or natural resourcelawsuit, clearly describing the land expert''s role at each stepalong the way. He supplies numerous fascinating and instructivecase studies and vignettes to illustrate his points and to betterprepare you for Trade ReviewThere are many business and professional subjects that the modern surveyor is required to be competent in or knowledgeable about in order to be successful (let alone licensed). There are ancient and fundamental issues such as making and analyzing measurements and conducting research for boundary location. There are business issues such as new developments in software and equipment. Lastly, there are practice issues related to governmental agencies such as local land development regulations or state wetlands rules. Good training is available on all of these topics. But there is one subject in the business of land surveying that receives much press, in this magazine and others, that for which one can find little, if any training-that is, testifying in court, and the related workings of courts. Surveyors on the Witness Stand I go to court several times a year to testify either on civil matters concerning my employer's interests in land, or regarding the location of criminal matters that may have occurred in the city. I was not aware that testifying in court was included in the job description of a surveyor. The subject was never mentioned during the interview. I was greatly surprised (and ill-prepared) when I received the first in a long list of subpoenas. In order to prepare for my first time on the witness stand, I called some friends who regularly testify as part of their practices. They told me not to panic, to be thoroughly familiar with my work, and to just answer the lawyer's questions. I called the lawyer who subpoenaed me and heard roughly the same words. I took their advice and my part in the trial was over quickly, but I knew I displayed nervousness out of all proportion to the small part I played. I wished I had some training on the subject; I wish I had read John Briscoe's book. Surveying the Courtroom was written with two primary objectives in mind. First, to give the reader an acquaintance with courtroom rules and procedures for handling evidence, and the second, to show and explain how well "engineered" the legal process is for determining facts and resolutions. The author is a California attorney who seems to sincerely enjoy his work. He writes with enthusiasm and wit and displays open admiration for the capability of legal proceedings to find and solve problems. His examples are well-chosen and the sometimes humorous quotes he includes from literary figures and famous jurists keep the presentation of the technical material lively. The book may have come to your attention in the past. It was originally published by Landmark Enterprises back in the 1980s and was regarded then as a book specific to California. The author tells us in the current edition that due to a wider adoption of federal rules of evidence by more states, the book is now applicable in 40 of the 50 states. The states that do not adhere to the rules and procedures described in the book are Connecticut, Massachusetts, New York, Georgia, Pennsylvania, Kansas, Illinois, Missouri, New Jersey, and Virginia. Even though I reside and practice in one of the states that does not use federal rules, I found the book to be nonetheless useful and enlightening. Two Main Sections Surveying the Courtroom is divided into two main sections. The first is on the rules of evidence and the second is on the procedures of civil cases. The section on rules of evidence contains chapters on relevance, documentary evidence, hearsay, personal knowledge, proof, presumptions, privileges, judicial notice, and opinions. The section on civil trials has chapters on pleadings and motions, discovery, trial, and post trial proceedings. It also has appendices on depositions and certification of documents. This is an immense amount of material to be contained in a mere 200 pages. However, the author states clearly that his goal is to have surveyors become more acquainted with the courtroom, not to become experts on it. Most of us would be satisfied with just a simple understanding of the activity taking place around us. It is the general explanation of how courts and lawyers operate that makes this book so appealing to me. Its specifics may not apply to my state but the generalities do. After reading it I have a better idea of what is happening and why, and I can ask more informed questions of the lawyers on "my side." After all, I know how the city council does its business and I understand the role of various boards and commissions in land development work. Why shouldn't I have the same level of appreciation of the workings of the court? I think most licensed surveyors will find this to be a useful book to have around the office. --Professional Surveyor Magazine, May 2001 Volume 21, Number 5 (Patrick Toscano is the City Surveyor for New Britain, Connecticut, and the Book Review Editor for the magazine)Table of ContentsTHE RULES OF EVIDENCE. Relevance. Documentary Evidence. The Rule Against Hearsay, or, Perhaps, the Rules PermittingHearsay. The Rule Requiring Personal Knowledge. Of Proof and Other Burdens. Presumptions. Privileges: Must the President's Wife Tesify Also? How to Prove the Earth Is Round: The Notion of JudicialNotice. The Opinion Rule and Expert Testimony. THE PROCEDURE OF A CIVIL CASE. The Pleading and Motion Stages. The Age of Discovery. Trial. Post-Trial Proceedings in the Trial and Appellate Courts. Appendices. Table of Cases. Index. Postscript.
£75.56
John Wiley & Sons Inc Water Boundaries
Book SynopsisA unique, practical guide to watercourse law This comprehensive guide offers complete, readable explanations of the legal issues and evidence procedures related to the location of the property boundaries of lands adjacent to watercourses. Beginning with a clear examination of the basics of land title and the legal principles defining property boundary movement, it discusses property boundary determination for a broad range of different watercourse environments-including open ocean coast, estuarine areas, tidal rivers, non-tidal rivers and navigable streams, and navigable lakes. This book will equip readers with: * A basic understanding of the land title and boundary system * A framework for analyzing disputes about the boundary of property adjacent to a waterbody tailored to the specifics of each type of physical regime * Insight to recognize when expert consultation is required to resolve a dispute and how to make the consultation useful andTrade Review"The author's interesting and lively presentation makes the book attractive as a possible addition to the professional bookshelf." (Journal of Water Resources, December 2002)Table of ContentsPreface xviiAcknowledgements xxviiTable of Authorities xxix1 The Basics of Land Title 11.1 Introduction 11.2 United States’ Acquisition of the Public Domain 31.3 Recognition of Title Granted by Prior Sovereigns 41.4 The Public Domain and the United States’ Survey of the Public Lands 91.5 Authority to Dispose of Public Lands 151.6 Public Land Dispositions – In General 161.7 Swamp and Overflowed Land Grant to the States 171.8 State Sovereign Lands 231.9 Grants of State Lands 251.10 Limitations on State Disposal of Lands Adjacent to Tidal and Navigable Waters 261.11 Adverse Possession 351.12 Agreed Boundaries 381.13 Estoppel 391.14 Adverse Possession, Estoppel and Like Doctrines Inapplicability to Sovereign Lands or Land Held in Trust 391.15 Exception: When Estoppel May Be Applicable to the Sovereign 421.16 Chains of Title 442 What is the Choice-of-Law 462.1 Introduction 462.2 Interstate Political Boundary 492.3 Interstate Boundaries – Private Titles and Boundaries 512.4 Land Title and Boundary Disputes – In General 532.5 Land Title and Boundary Disputes When the United States Is Not a Disputing Landowner 542.6 Land Title and Boundary Disputes When the United States Is a Disputing Landowner 562.7 Later Cases 622.8 Effects of These Choice-of-Law Cases in Other Situations 643 Basic Legal Principles Defining Property Boundary Movement 683.1 Introduction 683.2 Variable Nature of Title and Boundary Disputes 703.3 Importance of the Location of the Property Boundary Along Tidal or Navigable Waterways 713.4 Ordinary High-Water Mark Property Boundary – In General 733.5 Purpose of the Ordinary High-Water Mark – To Separate Arable from Nonarable Lands 753.6 Definition of the Ordinary High-Water Mark 783.7 Illustration of the Components of the Dynamic Ordinary High-Water Mark 783.8 Surveying Techniques to Locate the Ordinary High-Water Mark – Meander Lines 813.9 Exceptions to Rule – When a Meander Line Can Be treated as a Property Boundary 873.10 Basic Legal Terms Describing the Process of Property Boundary Movement 903.11 Legal Terms Describing the Process of Change in Physical Location 923.12 Property Boundary Consequences of a Change in Geographic Location of the Boundary Watercourse 943.13 Presumptions and Burden of Proof in Title and Boundary Litigation 99 4 Property Boundary Determination Along the Open Ocean Coast 101 4.1 Introduction 1014.2 Early Case Discussion of the Physical Indicia of the Location of the Ordinary High-Water Mark 1044.3 Introduction of Tidal Measurements to Physically Locate the Ordinary High-Water Mark 1054.4 Use of Indicia Other Than Tidal Measurements – Vegetation or Erosion Lines 1074.5 Refinement of the Use of Tidal Measurements as the Physical Indicia of the Ordinary High-Water Mark 1084.6 Explanation of the Tides, Technical Terms and Expressions 1104.7 The “Neap Tides” Confusion 1144.8 Foundation of Tidal Datums 1154.9 Tidal Datums 1174.10 Mean High-Water Line Adopted as the Physical Location of the Ordinary High-Water – The Borax Cases 1194.11 The California Aberration Dispelled – The Kent Estate Case 1224.12 The Location of the Ordinary Low-Water Mark 1224.13 The Open Coast Mean High-Water Line – Fluctuation of the Landform 1264.14 Property Boundary Effect of the Geographic Movement of the Open Coast Shoreline 1294.15 Effect of Presumptions on Coastal Property Boundaries 1344.16 Examples of types of Proof in Open Coast Property Title and Boundary Litigation 1354.17 Effect of the Burden of Proof on the Outcome of Coastal Title and Property Boundary Litigation 138 5 Property Boundary Determination in Estuarine Areas 141 5.1 Introduction 1415.2 Difficulty and Confusion in Title and Boundary Determination in Tidal Marshes 1475.3 Title Derivation of Tidal Marshlands 1485.4 Means to Remedy Uncertainties of Title to Tidal Marshlands 1585.5 Mean High-Water Line – The Physical Location of the Ordinary High-Water Mark Property Boundary in Tidal Marshes 1685.6 Legal Character of Tidal Marshlands Determined at the Time of the Swamp Lands Act Grant; Customary Property Boundary Principles Determine Effect of Change in Physical Location of Ordinary High-Water Mark 1705.7 The Tidal Marsh Regime and Changes to That Regime 1705.8 Property Boundary Effect and Changes in the Tide Marsh Regime 1725.9 Proof of the Legal Character of Tidal Marshes and the Physical Location of the Historic Ordinary High-Water Mark 1776 Property Boundary Determination Along and in Tidal River Regimes 189 6.1 Introduction 1896.2 The Delta Regime and Delta Meadows 1956.3 The Impact of Human Activities on the Data 1986.4 The Impact of Human Activities on Delta Meadows 2006.5 Title to Delta Marshlands 2016.6 Tidality of the Adjacent Watercourse – Consequences and Proof 2046.7 The Impact of Property Boundary Movement Principles 2086.8 Proof of the Physical Location of the Historic Ordinary High-Water Mark – Use of USGS Maps 2096.9 Proof of the Physical Location of the Historic Ordinary High-Water Mark – Use of Physical Measurements 2106.10 Concluding Thoughts and Suggestions 2307 Property Boundary Determination Along and in Navigable, Nontidal rivers and Streams Regimes 232 7.1 Introduction 2327.2 The Matter of Navigability 2357.3 Property Boundary Consequences of River Movement – In General 2467.4 Rules to Avoid Uncertainty in Deciding the Property Boundary Consequences of River Movement 2467.5 Property Boundary Consequences of River Movement – Accretion as Compared with Avulsion 2527.6 Impact of the Burden of Proof on the Property Boundary Consequences of River Movement 2637.7 The “True” Meaning of “Gradual and Imperceptible” 2647.8 Significance of the Cause of River’s Change in Geographic Location on the Property Boundary 2687.9 Reemergence 2717.10 Physical Indicia of the Ordinary High-Water Mark in a Riverine Environment 2727.11 Physical Indicia of the Ordinary Low-Water Mark in a Riverine Environment 2777.12 Proof in a Riverine Environment – Case Studies 278 8 Property Boundary Determination Along Navigable Lakes 282 8.1 Introduction 2828.2 Character of Title to the Beds of Navigable Lakes 2858.3 Resolution of the Quality and Character of State Title to the Beds of Navigable Lakes 2878.4 Navigability of Lakes 2918.5 What is a Lake? 2938.6 Location of the Ordinary High-Water Mark Property Boundary of Littoral Lands 2958.7 Vegetation/Erosion Line Test 3018.8 Physical Indicia of Ordinary Low-Water Mark Property Boundary of Littoral Lands 3078.9 Property Boundary Consequences of Littoral Shoreline Changes – In General 3118.10 The Mono Lake Recession Case – Application of the So-Called Federal Common Law Rule 3118.11 Proof in Lake Boundary and Title Cases 321Glossary 326Appendix A 338Appendix B 350Index 373
£128.66
John Wiley & Sons Inc Avoiding or Minimizing Construction Litigation
Book SynopsisEnables non-attorneys in the construction industry to understand how the construction process and law interact in order to resolve disputes without going to court. Analyzes specific issues concerning contracts, subcontracting, tort claims, insurance and bonds. Recommends strategies for avoiding or terminating litigation if a claim arises.Table of ContentsOutline of the American Legal System. Alternatives to Traditional Litigation. The Construction Process. Contract as a Means of Regulating Duties and Behavior. Subcontracting. Tort Claims. Insurance. Bonds in Construction. Government Entities and Construction Projects. Avoiding or Terminating Construction Litigation. Effective Construction Dispute Resolution: A Summary. Appendices. Tables. Index.
£148.45
John Wiley & Sons Inc Construction Contract Law
Book SynopsisA straightforward description providing readers with a guide to contract law as it relates to construction contracting. Thoroughly explains when a lawyer may or may not be needed and offers guidance for working with one. Prior notice provisions, no damage for delay clauses and conditional payment provisions are among the topics covered.Table of ContentsFormation of Contracts. Construction. Performance or Breach. Breach. Mistake, Duress, Threats, and Undue Influence. Mechanic's Liens. Third-Party Beneficiaries. Illegality. Index.
£134.06
Harvard University Press The House in the Rue SaintFiacre
Book SynopsisOfficially, revolutionary France granted all citizens a right to property. In practice, however, there was significant continuity with the Old Regime. H. B. Callaway argues that the state’s fraught attempts to confiscate property from Parisian émigrés reveal contradictions in ideas of ownership considered foundational to modern property rights.Trade ReviewA fascinating book. Drawing on rich case studies from contested properties in revolutionary Paris, Callaway shows in convincing detail how the ideal of the citizen property owner inescapably clashed with the role of the property owner as an actor in the marketplace. Anyone interested in the history of this tumultuous period will find much to savor in Callaway’s work. -- David A. Bell, author of Men on Horseback: The Power of Charisma in the Age of RevolutionConceptually bold, intensely researched, and elegantly presented, The House in the Rue Saint-Fiacre changes our understanding of how property was viewed and used during the French Revolution and beyond. Callaway deftly leverages the tools of social history to shed new light on a topic most often seen through the lens of legal or intellectual history. -- Leora Auslander, author of Cultural RevolutionsAn illuminating exploration of what émigré property confiscations can tell us about the complexities of French revolutionary policy as practice. Significantly, in examining conflicts over property, Callaway highlights the continued importance of family as a critical unit for the defense of assets. -- Julie Hardwick, author of Sex in an Old Regime City: Young Workers and Intimacy in France, 1660–1789Carefully researched and compellingly written, this book makes a significant contribution to our understanding of what the French Revolution meant to both private lives and public political culture. Shining welcome light on the murky details of émigré property confiscations, Callaway chronicles how obdurate social and legal realities obliged the state to forgo the democratic promise of 1789. -- Colin Jones, author of Paris: The Biography of a City
£32.26
Princeton University Press Our Bodies Whose Property
Book SynopsisAn argument against treating our bodies as commoditiesNo one wants to be treated like an object, regarded as an item of property, or put up for sale. Yet many people frame personal autonomy in terms of self-ownership, representing themselves as property owners with the right to do as they wish with their bodies. Others do not use the language of property, but are similarly insistent on the rights of free individuals to decide for themselves whether to engage in commercial transactions for sex, reproduction, or organ sales. Drawing on analyses of rape, surrogacy, and markets in human organs, Our Bodies, Whose Property? challenges notions of freedom based on ownership of our bodies and argues against the normalization of markets in bodily services and parts. Anne Phillips explores the risks associated with metaphors of property and the reasons why the commodification of the body remains problematic.What, she asks, is wrong with thinking of oneself as the Trade Review"[B]oth those who are aware of what is happening around these issues and those who have not reflected on recent developments around markets, bodies and properties would do well to read Phillips' timely, intelligent overview of the challenges of early 21st-century global body politics... [A] rich feast of considered reflections on some of the most pressing issues of our times."--Maureen McNeil, Times Higher Education "Ultimately, although she may not have intended it to be overtly so, Phillips' book reads as a beautiful piece of Marxist work, and it is in this way specifically that her work is incredibly valuable in the face of the increasing commodification and marketization of practically every aspect of our existence... Her book is ... valuable not just from a feminist perspective concerned with women's equality in the face of corporeal exploitation, but to those interested in issues of political, economic, and social justice as well."--Linda Roland Danil, Marx & Philosophy Review of Books "Phillips examines the public policy ramifications of using property rights language about the body and its parts... This is a valuable and balanced survey of the various positions on issues that evolving social views and medical technology are making important, if not vital."--Choice "There is much to admire in this book... The way in which she presses relevant empirical evidence into the service of her normative commitments is impressive. Her thoughtful discussion of the infinitely complex and emotionally laden ways in which we relate to our bodies, and of the impact which our decisions regarding our bodies have on others, challenges both those who subscribe to the view that the individual alone should decide what to do with their body, and how to do it, and those who favor the side of controlling bodies--particularly, it has to be said, women's bodies--for society's ends."--Cecile Fabre, Times Literary Supplement "This is a skilful and thoughtful engagement with a 'real' ethical/policy issue and from which the author is not too shy to draw 'real' policy conclusions."--Chris Pierson, Political TheoryTable of ContentsAcknowledgements vii Introduction 1 Chapter One What's So Special about the Body? 18 Chapter Two Property Models of Rape 42 Chapter Three Bodies for Rent? The Case of Commercial Surrogacy 65 Chapter Four Spare Parts and Desperate Need 97 Chapter Five The Individualism of Property Claims 134 Notes 157 Bibliography 179 Index 191
£27.00
Princeton University Press A Public Empire
Book SynopsisTrade Review"Winner of the 2015 Wayne S. Vucinich Book Prize, Association for Slavic, East European, & Eurasian Studies""Winner of the George L. Mosse Prize 2015, American Historical Association""Winner of the 2015 Historia Nova Prize, Mikhail Prokhorov Foundation and Academic Studies Press""Honorable Mention for the 2015 J. Willard Hurst Book Prize, Law and Society Association""Longlisted for the 2015 Historia Nova Prize, Mikhail Prokhorov Foundation and Academic Studies Press""Pravilova provides a nuanced analysis of the shifting nature of debates, concepts, and laws concerning public and private property in the Russian Empire from the late 18th century to the revolutions of 1917. . . . Challenging familiar narratives that couple liberalism with the defense of individual private property rights, she provides abundant evidence of a liberal vision that was not exclusively individualistic." * Choice *"Even an extended review cannot do justice to this book's wealth of thought-provoking insights."---Adele Lindenmeyr, Slavic Review"A short review cannot do justice to this fine, meticulously researched, and well-written book. It is essential reading for all historians of imperial and Soviet Russia."---Michelle Lamarche Marrese, Russian Review"[An] engrossing study. . . . These questions are meant as tributes to what is clearly a major and agenda-setting work, whose discussion will greatly sharpen our understanding of Russia's past."---John Randolph, American Historical Review"A lively text that is readily accessible to those with a non-legal history background. This is a rich, ambitious and complex project, which cuts across any number of traditional cultural and political boundaries; Pravilova switches adeptly from irrigation in Central Asia and Transcaucasia, to the preservation of churches in the Russian north, to the public's right to read posthumously published correspondence."---Jennifer Keating, Slavonic and East European Review"In this extremely erudite and comprehensively researched book, Ekaterina Pravilova argues compellingly that attempts in late imperial Russia to reform property law, and specifically to establish in practice as well as the imagination a domain of ‘public things' (res publica), were central to efforts to transform the tsarist social and political orders. . . . An extremely valuable contribution to our understanding of late imperial Russia."---William G. Wagner, Journal of Modern History"A short review cannot embrace all the topics that Ekaterina Pravilova's book engages and for which it suggests possibilities for new studies. No doubt this is what makes this book a highly valuable contribution to the so very complicated process of rethinking Russian history."---Alexander Kamenskii, Canadian-American Slavic Studies"A highly original and essential re-assessment of the role of property rights in Russia during the last days of empire and through the revolution. . . . A short summary cannot do justice to all the insights and scholarly contributions of this book. . . . The book will be mandatory reading for all historians and graduate students, as it refocuses on the possibilities--and limitations--of the tsarist system. Pravilova has identified the crucial nexus between law, property, and change, providing a vivid snapshot of where Imperial Russia stood on the eve of revolution."---William E. Pomeranz, The Soviet and Post-Soviet ReviewTable of Contents Acknowledgments vii: Abbreviations xi: Introduction: Res Publica in the Imperial State 1 PART I: Whose Nature? Environmentalism, Industrialization, and the Politics of Property 19 1.: The Meanings of Property 21 2.: Forests, Minerals, and the Controversy over Property in Post-Emancipation Russia 55 3.: Nationalizing Rivers, Expropriating Lands 93 PART II: The Treasures of the Fatherland 129 4.: Inventing National Patrimony 131 5.: Private Possessions and National Art 178 PART III: "Estates on Parnassus": Literary Property and Cultural Reform 213 6.: Writers and the Audience: Legal Provisions and Public Discourse 215 7.: The Private Letters of National Literature 241 Epilogue 270: Notes 291: Index 403:
£28.80
Duke University Press Colonial Lives of Property Law Land and Racial
Book SynopsisBrenna Bhandar examines how the emergence of modern property law contributed to the formation of racial subjects in settler colonies, showing how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as legal narratives that equated civilized life with English concepts of property.Trade Review"I am obsessed with the force and eloquence with which [Bhandar] analyzes the birth of private property and its ongoing devastating effects. This book is going to be precious to me and many other people, too." -- Jordy Rosenberg * Shelf Awareness *"A multidisciplinary and highly original historical account of the legal and philosophical justifications for appropriation and private ownership in the eighteenth and nineteenth centuries." -- Liz Fekete * Race & Class *"Bhandar's important and nuanced book is highly recommended to those with an interest in property theory." -- Ambreena Manji * Journal of Law and Society *"Through close reading of the work of property philosophers as they travel between settler colonial spaces, Bhandar sheds light on where and how the most corrosive ideologies of property reside in the interstitial spaces of everyday culture." -- Anjali Vats * Quarterly Journal of Speech *"Colonial Lives of Property is a deft and nuanced analysis of the various ways that property—as both a concept and a set of practices—has been formative to the production and maintenance of categories of racial governance in late modern and contemporary settler colonial societies. It makes significant contributions to social, political, and legal theory, as well as to Indigenous and settler colonial studies and is a necessary text for those with active research agendas or pedagogical interests in those fields. . . . Colonial Lives of Property offers an impressive, sweeping critical analysis of the property-race nexus in settler colonial contexts." -- Robert Nichols * Theory & Event *Table of ContentsAcknowledgments ix Introduction: Property, Law, and Race in the Colony 1 1. Use 33 2. Propertied Abstractions 77 3. Improvement 115 4. Status 149 Conclusion: Life beyond the Boundary 181 Notes 201 Bibliography 239 Index 257
£72.25
Edward Elgar Publishing Ltd The Social Right to Property
£95.00
John Wiley & Sons Inc Property Law For Dummies
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
£18.69
New York University Press The Psychology of Property Law
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 *
£84.15
New York University Press The Psychology of Property Law
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 *
£28.80
Cornell University Press Lakefront
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
£26.59
Irwin Law Inc The Law of Bailment
£77.40
