Property law: general Books

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

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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.

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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

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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

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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

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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.

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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

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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.

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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)

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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.

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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.

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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.

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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.

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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.

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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

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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.

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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.

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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

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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

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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:

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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

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

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

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

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

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

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

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

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

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

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Book Synopsis'Opening a property law book often results in reading mere technical descriptions of enforceable rules within a given legal system. This book edited by Michele Graziadei and Lionel Smith breaks this tradition by providing a complete, high-level and up-to-date introduction to key issues in contemporary property law from a multidisciplinary and global perspective. Thanks to the diversity and the quality of the various contributions, it is a perfect gateway for anyone broadly interested in the field.'Mikhail Xifaras, Sciences Po Law School, FranceComparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors are leading experts in their fields who cover both classic and new subjects, including the transfer of property, the public-private divide, water and forest laws and the property rights of aboriginal peoples.Incorporating contributions from a variety of countries, this handbook explores property law with a critical edge, viewing the subject through the lens of both public and private law theory and providing a springboard for further research. This unique coverage of new and emerging subjects in property law also examines developments in Africa, Latin America and China. This handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for scholars working across the breadth of the field.Contributors include: B. Akkermans, L. Alden Wily, R. Aluffi, M.R. Banjade, A. Braun, T. Earle, Y. Emerich, J.L. Esquirol, D. Francavilla, F. Francioni, M. Graziadei, A.M. Larson, A. Lehavi, F. Lenzerini, K. McNeil, I. Monterroso, E. Mwangi, S. Praduroux, S. Qiao, G. Resta, D.B. Schorr, L. Smith, B. Turner, F.K. Upham, A. van der Walt, L. van Vliet, F. Valguarnera, R.l. WalshTrade Review'As one of the latest titles in Elgar's Research Handbooks in Comparative Law series, this book presents the results of an enormous amount of up-to-date research in this increasingly topical area of law and contains a wealth of references in the extensive footnoting and the bibliographies which follow most chapters. For comparative lawyers, or property lawyers advising international clients, this is an extremely useful volume to acquire.' --The Barrister'This excellent and wide-ranging book offers the best and most comprehensive comparative analysis of property law I have seen in years. The book covers a myriad of fascinating topics. It contains contributions from first-rate property scholars from all over the world and despite its breadth, it makes for a delightful read. The chapters of the books contain a plethora of new insights into the law and practice of property in different countries. Any reader will learn a tremendous deal from the book. Its chapters offer a rich discussion of assets, doctrines, institutions and legal systems. It is difficult to imagine such wealth of legal resources and knowledge in any other single source. The book is highly recommended to all readers.' --Gideon Parchomovsky, University of Pennsylvania'Property laws and norms lie at the foundation of human life, but because property rules have been thought to be peculiarly local, knowledge about them has travelled poorly. This volume, which cuts across disciplines and cultures, is a welcome effort to stanch this parochialism.' --Robert Ellickson, Yale Law SchoolTable of ContentsContents: Introduction Michele Graziadei and Lionel Smith PART I PERSPECTIVES FROM OTHER DISCIPLINES 1. Property in Prehistory Timothy Earle 2. The Anthropology of Property Bertram Turner PART II THE PRIVATE PROPERTY MODEL AND ITS GRAMMAR 3. Objects of Property Rights: Old and New Sabrina Praduroux 4. The Structure of Property Ownership and the Common Law/Civil Law Divide Michele Graziadei 5. The Numerus Clausus of Property Rights Bram Akkermans 6. The State of the Art of Comparative Research in the Area of Trusts Alexandra Braun 7. Transfer of Property Inter Vivos Lars van Vliet 8 Possession Yaëll Emerich PART III CONTESTED GLOBAL DIMENSIONS OF PROPERTY LAW 9. Comparative Constitutional Property Law André van der Walt and Rachael Walsh 10. Systems of Public Ownership Giorgio Resta 11. Access to Nature Filippo Valguarnera 12. Water Rights David B. Schorr 13. Land Law in the Age of Globalization and Land Grabbing Amnon Lehavi 14. China’s Changing Property Law Landscape Shitong Qiao and Frank K. Upham 15. Formalizing Property in Latin America Jorge L. Esquirol 16. Property and the Religious Sphere Roberta Aluffi and Domenico Francavilla 17. Cultural Property in International Law Francesco Francioni 18. The Land Rights of Indigenous Peoples Under International Law Federico Lenzerini 19. Indigenous Territorial Rights in the Common Law Kent McNeil 20. Community Rights to Forests in the Tropics Anne M. Larson, Iliana Monterroso, Mani Ram Banjade, Esther Mwangi 21. Customary Tenure: Remaking Property for the 21st Century Liz Alden Wily Index

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Book SynopsisThis important research review considers the seminal legal articles in property law and its subtopics published during the 20th and 21st centuries. The coverage is broad, as comprehensive as possible, ranging from theoretical to practical and doctrinal. The authors of the pieces under discussion are primarily American and all stand as leading figures in their respective fields. The text places its focus on topics of current interest, including economic and non-economic theories of property, the takings problem, and the reform of the law of land-use servitudes.Trade Review‘Property is one of the most essential - and most misunderstood - concepts. The law of property is complex because the institution of private property fills a wide variety of functions, from providing security and autonomy to generating social welfare to supporting democratic political institutions. Understanding property is immeasurably enhanced by looking at it from a variety of normative perspectives and understanding how it has changed over time. These volumes address key issues by explaining debates among important theorists, all of whom have insights worth studying. The authors collected here have each put their mark on the field, and the editors have skillfully framed the fruitful debates they generated. A must-have compendium.’ -- Joseph William Singer, Harvard Law School, USTable of ContentsContents: Volume I Acknowledgements vii Introduction Gregory S. Alexander ix PART I CONCEPTUAL MATTERS: STRUCTURING OWNERSHIP 1. William Blackstone (1979 [1765–1769]), ‘The Rights’ in Commentaries on the Laws of England, Volume II, Chicago, IL: University of Chicago Press, 2 2 2. Wesley N. Hohfeld (1917), ‘Fundamental Legal Conceptions as Applied in Judicial Reasoning’, Yale Law Journal, 26 (8), June, 710–70 3 3. A.M. Honoré (1961), ‘Ownership’, in A.G. Guest (ed.), Oxford Essays in Jurisprudence: A Collaborative Work, Chapter V, Oxford, UK and New York, NY, USA: Oxford University Press, 107–47 64 4. Thomas C. Grey (1980), ‘The Disintegration of Property’, in J. Roland Pennock and John W. Chapman (eds), Nomos XXII: Property, New York, NY, USA: New York University Press, 69–85 105 5. Henry E. Smith (2012), ‘Property as the Law of Things’, Harvard Law Review, 125 (7), May, 1691–726 122 PART II THE OBJECTS OF PROPERTY 6. Charles A. Reich (1964), ‘The New Property’, Yale Law Journal, 73 (5), April, 733–87 159 7. Margaret Jane Radin (1987), ‘Market-Inalienability’, Harvard Law Review, 100 (8), June, 1849–937 214 8. Cheryl I. Harris (1993), ‘Whiteness as Property’, Harvard Law Review, 106 (8), June, 1707–91 303 9. Joseph William Singer (1988), ‘The Reliance Interest in Property’, Stanford Law Review, 40 (3), February, 611–751 388 10. Sarah Harding (1999), ‘Value, Obligation and Cultural Heritage’, Arizona State Law Journal, 31 (2), February, 291–354 529 PART III RULES VERSUS STANDARDS IN PROPERTY LAW 11. Carol M. Rose (1988), ‘Crystals and Mud in Property Law’, Stanford Law Review, 40 (3), February, 577–610 594 12. Henry E. Smith (2009), ‘Mind the Gap: The Indirect Relation Between Ends and Means in American Property Law’, Cornell Law Review , 94 (4), May, 959–89 628 13. Gregory S. Alexander and Eduardo M. Peñalver (2012), ‘The Right to Exclude and its Limits’, in (eds) An Introduction to Property Theory , Chapter 7, Cambridge, UK: Cambridge University Press, 130–55 659 PART IV THE ECONOMIC APPROACH TO PROPERTY 14. Harold Demsetz (1967), ‘Toward a Theory of Property Rights’, American Economic Review , 57 (2), May, 347–59 686 15. Guido Calabresi and A. Douglas Melamed (1972), ‘Property Rules, Liability Rules, and Inalienability: One View of the Cathedral’, Harvard Law Review , 85 (6), April, 1089–128 699 16. Robert C. Ellickson (1986), ‘Of Coase and Cattle: Dispute Resolution Among Neighbors in Shasta County’, Stanford Law Review , 38 (3), February, 623–87 739 PART V NON-ECONOMIC THEORIES OF PROPERTY 17. Margaret Jane Radin (1982), ‘Property and Personhood’, Stanford Law Review , 34 (5), May, 957–1015 805 18. Gregory S. Alexander (2009), ‘The Social-Obligation Norm in American Property Law’, Cornell Law Review , 94 (4), May, 745–819 864 Volume II Acknowledgements vii Introduction: An Introduction by the editor appears in Volume I PART I THE NUMERUS CLAUSUS QUESTION 1. Thomas W. Merrill and Henry E. Smith (2000), ‘Optimal Standardization in the Law of Property: The Numerus Clausus Principle’, Yale Law Journal, 110 (1), October, 1–70 2 2. Henry Hansmann and Reinier Kraakman (2002), ‘Property, Contract, and Verification: The Numerus Clausus Problem and the Divisibility of Rights’, Journal of Legal Studies, 31 (S2), June, S373–S420 72 PART II COMMONS AND PROPERTY RIGHTS 3. Michael A. Heller (1998), ‘The Tragedy of the Anticommons: Property in the Transition from Marx to Markets’, Harvard Law Review, 111 (3), January, 621–88 121 4. James E. Krier (1992), ‘The Tragedy of the Commons, Part Two’, Harvard Journal of Law and Public Policy, 15 (2), Spring, 325–47 189 PART III ESTATES IN LAND AND FUTURE INTERESTS 5. T.P. Gallanis (2003), ‘The Future of Future Interests’, Washington and Lee Law Review, 60 (2), Spring, 513–75 213 6. W. Barton Leach (1938), ‘Perpetuities in a Nutshell’, Harvard Law Review, 51 (4), February, 638–71 276 7. Lawrence W. Waggoner (1985), ‘Perpetuities: A Perspective on Wait-and-See’, Columbia Law Review, 85 (8), December, 1714–29 310 PART IV LANDLORD/TENANT RELATIONS 8. Mary Ann Glendon (1982), ‘The Transformation of American Landlord–Tenant Law’, Boston College Law Review, 23 (3), May, 503–76 327 9. Duncan Kennedy (1987), ‘The Effect of the Warranty of Habitability on Low Income Housing: “Milking” and Class Violence’, Florida State University Law Review, 15 (3), Fall, 485–519 401 PART V SERVITUDES 10. Gerald Korngold (1988), ‘For Unifying Servitudes and Defeasible Fees: Property Law’s Functional Equivalents’, Texas Law Review, 66 (3), February, 533–76 437 11. Susan F. French (1982), ‘Toward a Modern Law of Servitudes: Reweaving the Ancient Strands’, Southern California Law Review, 55 (6), September, 1261–319 481 PART VI ZONING AND LAND USE CONTROLS 12. Robert C. Ellickson (1973), ‘Alternatives to Zoning: Covenants, Nuisance Rules, and Fines as Land Use Controls’, University of Chicago Law Review, 40 (4), Summer, 681–781 541 13. Carol M. Rose (1983), ‘Planning and Dealing: Piecemeal Land Controls as a Problem of Local Legitimacy’, California Law Review, 71 (3), May, 837–912 642 PART VII CONSTITUTION PROTECTION OF PROPERTY: THE TAKINGS ISSUE 14. Frank I. Michelman (1967), ‘Property, Utility, and Fairness: Comments on the Ethical Foundations of “Just Compensation” Law’, Harvard Law Review, 80 (6), April, 1165–258 719 15. Thomas W. Merrill (1986), ‘The Economics of Public Use’, Cornell Law Review, 72 (1), November, 61–116 813 16. Hanoch Dagan (1999), ‘Takings and Distributive Justice’, Virginia Law Review, 85 (5), August, 741–804 869

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Book SynopsisConceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Yaëll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth. In this comparative analysis, specific parallels are drawn between the common law and civil law in their treatment of historical property models, possession, ownership, private property limits, objects of property, fragmentation and modifications to property, and trusts. This integrated approach to common law and civil law property draws examples from multiple jurisdictions, including England, Scotland, Canada, Quebec, First Nations, France, and Germany.Private, transsystemic, and comparative law scholars and students, especially property law scholars will be interested in the book's approach to property law and its analysis of the theoretical foundations and conceptions of property and ownership in the common law and civil law traditions. It will also be informative for property law practitioners.Trade Review‘The predominant theme that emerges from this impressively learned, eight chapter study is one of convergence. Emerich repeatedly reveals that property actually functions in remarkably similar ways in the civil law and common law traditions despite different historical origins and doctrinal labels. Emerich’s interest in - and discovery of - this striking commonality originates in her commitment to 'transsystemia,' an approach to teaching and understanding law that grew out of Quebec’s fertile bilingual, bijural mixed jurisdiction.Many diverse readers will benefit from Emerich’s work. Lawyers, judges and traditional doctrinal property law scholars in the largest civil law and common law systems will learn much from Emerich’s careful study simply because of its clear, incisive description of so much law. Readers in other mixed jurisdictions, such as Louisiana, Scotland and South Africa, will find the portions of Emerich’s book that detail the choices Quebec has made in creating its property law system particularly intriguing. Property theorists will also find Emerich’s book rewarding as it points to a number of deep, cross-jurisdictional patterns in the structure of property law.’ -- John A Lovett, Journal of Civil Law StudiesTable of ContentsContents: Introduction 1. Historical Approach to Property 2. Origins of Title: Possession and its Effects 3. In Search of Private Property: Between the Civil Law and the Common Law 4. Limitations to Private Property 5. Objects of Property Rights 6. Fragmentation and Modifications to Property 7. Trusts and Fiducia Conclusion Bibliography Index

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Book SynopsisAdvocating a style of law and a role for legal agency which returns to its essential humanist ideology and represents public spiritedness, this unique book confronts the myths surrounding globalisation, advancing the role for law as a change agent unburdened from its current market functionality.Mark Findlay argues that law has a new and urgent relevance to confront the absence of resilience in self-determined market places, and to make coherent the anarchic forces which are running, and ruining the world. The inevitability of law's re-invention during global crises is considered, offering a critical evaluation of the future of legal agency, service delivery and access to justice. Chapters also engage with citizen-centric surveillance society to examine the dangers to personal data, individual integrity, and work-life quality from unregulated mass data sharing.Exciting and thought-provoking, this book will be critical reading for scholars and students in law, economics and governance interested in globalisation and crises, such as pandemics, as well as populist politics and anxiety governance.Table of ContentsContents: Preface – utopian myths and a dystopian present 1. Globalisation as crisis 2. Reclaiming globalisation: utopia and dystopia? 3. Anxiety governance 4. Regulating the market/social and legal agency 5. Law as commodity 6. Future lawyers or robots with big data? 7. Revaluing labour? – secondary data imperialism in platform economies 8. Thoughts for a future? Bibliography Index

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Book SynopsisThis timely book analyses the most significant contemporary developments and trends in property law, including the concept of property rights, the role of property law and property rights in society, and the values they enhance. It examines the effect of property rights on social, economic and cultural development and vice versa, considering the impact of phenomena such as technological innovation, digitalisation and blockchain technology, changes in social and economic organisation and globalisation.Featuring contributions from top international scholars in the field, chapters explain the variety of property rights found in most legal systems and how these develop in relation to social needs and available resources. The book discusses the current transition of property from mainly physical objects to intangible values in the form of, for example, intellectual property rights, and the impacts this is having on the law, democracy and free speech. Other prominent issues tackled by the book include the organisation of registries for property rights, models for managing public property and the influence of new property forms on family and inheritance law.An essential read for scholars and students of property law, including intellectual property, the book will also be of interest to those working in family law, law and technology and commercial law whose research intersects with property rights.Trade Review‘Where is property headed, as a concept and an institution? The Changing Role of Property Law offers a wealth of illuminating perspectives on property’s trajectory, from historical evolutions to new innovations. This fascinating book reveals the complex dynamism at the heart of a field often typecast as inertial.’ -- Lee Fennell, University of Chicago Law School, USTable of ContentsContents: The changing role of property rights: an introduction 1 Ernst Nordtveit 1 The plasticity of property: legal transitions between property rights regimes for different resources 14 Richard A. Epstein 2 The persistence of colonial property rights to land, economic implications and institutional efficiency 54 Eric C. Edwards, Martin Fiszbein and Gary D. Libecap 3 The role of innovation in the globalization of property law 81 Amnon Lehavi 4 Mediated property: money, corporate shares, and property analogues 103 Erich Schanze 5 Because property became contract: understanding the American nonprobate revolution 115 John H. Langbein 6 Digital ownership of blockchain tokens: a comparative law guideline 130 Sebastian Omlor 7 Intellectual property and the concept of property rights 149 Ole-Andreas Rognstad 8 Intellectual property rights and democracy 161 Eva Inés Obergfell and Katharina Theresia Fink 9 Property in families and the inheritance context 186 Anatol Dutta 10 The organization of public registries: a comparative analysis 199 Benito Arruñada 11 (De-)constructing mortgages: reflections on accessoriness, properties of good mortgages and the development of new mortgage legislation for transition economies or even a future Euro-mortgage (‘Eurohypothec’) 221 Hans Fredrik Marthinussen 12 Ancillary rights: servitudes 263 Roderick RM Paisley 13 Public property, economic efficiency and fair competition: a French and EU law paradoxical perspective 281 Bertrand du Marais Index

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Book SynopsisThis book represents a major innovation in the institutional analysis of cities and their planning, management and governance. Using concepts of transaction costs and property rights, the work shows systematically how urban order evolves as individuals co-operate in cities for mutual gain. Five kinds of urban order are examined, arising as co-operating individuals seek to reduce the costs of transacting with each other. These are organisational order (combinations of property rights), institutional order (rules and sanctions), proprietary order (fragmentation of property rights), spatial order and public domain order. Property Rights, Planning and Markets also offers an institutional interpretation of urban planning and management that challenges both the view that planning inevitably conflicts with freedom of contract and the view that its function is a means of correcting market failures. Real life examples from countries and regions around the world are used to illustrate the universal relevance of theoretical generalisations, which will be welcomed by a new generation of policymakers and students who take on a world view that goes beyond national boundaries.Trade Review'This is an important book. The authors in effect offer a positive theory of planning and urbanisation. As such, Webster and Lai's model, based on institutional economics, is a vast improvement on some equally ambitious predecessors. The book's insights and clarity make it a must reading for anyone seeking better understanding of how cities evolve as they do, and why planning is an integral part of their evolution.' -- Ernest Alexander, University of Wisconsin, Milwaukee, US'A truly remarkable achievement.' -- Mark Pennington, Kings College, London, UK'Chris Webster and Lawrence Lai have created a coherent and insightful integration of concepts such as property rights, organizations, competition, incentives, transaction costs, public goods, and externalities, which will help theorists and urban practitioners analyze and manage city goods and services. An important insight of the authors is the recognition of the interdependencies of people in a neighborhood, which can be efficiently handled with shares in the property value of the neighborhood. There is a constant question of how much markets and how much government should be involved in urban matters, and the authors provide a reasoned, balanced approach which recognizes the vital role of government while appreciating the effectiveness of markets and decentralized decision making, including private institutions or 'clubs' such as homeowners' associations. Their position that governments and markets co-evolve and complement one another is sound, and their conclusions regarding the need to provide clear property rights and efficient rules provide us with theoretical tools to better understand how cities can be improved while being wary of the 'allure of utopia".' -- Fred Foldvary, Santa Clara University, California, US'This is a really important contribution to the planning literature. Beautifully written and clearly structured, it explains the complex relationship between "planning" and "markets" using the economic perspective of transaction cost theory and the "new-institutionalism". This provides a robust way of addressing the old "economic and planning" agenda, which the authors illustrate with references to cases and situations from across the world. Informative and stimulating, this should be included in every planning theory course, and will be helpful to all trying to re-think old debates about planning and markets.' -- Patsy Healey, Newcastle University, UKTable of ContentsContents: Foreword by Yoram Barzel 1. Introduction 2. The Benefits and Costs of Co-operating in Cities 3. Organisational, Institutional and Proprietary Order 4. Spatial Order 5. Public Domain Order 6. Public Domain Order – Public Goods 7. Public Domain Order – Externalities 8. Conclusion Bibliography Index

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Book SynopsisPrivate property's form is crucial to contemporary debates in land use and environmental policy and management. For some, restrictions on private property are so severe as to threaten the very freedoms property is designed to protect. For others, the realities of life in the 21st century require property's reshaping. The re-emergence of private property as an issue of social conflict within US policy and politics is explored in this comprehensive volume. Private property is central to American character, culture and democracy. The founding fathers understood it as key to the liberties America was designed to foster. However, over the last 200 years what one owns has evolved; ownership is different now than for an owner 200, 100, even 50 years ago. Harvey Jacobs has brought together an interdisciplinary, politically divergent group of contributors to speculate on private property's future.The ownership and control of privately owned lands is critical for many fields. Scholars, students, and professionals of urban and regional planning, geography, law, natural resources, environment, real estate, and landscape architecture will all find this volume of great interest.Table of ContentsContents: Foreword 1. Introduction: Is all that is Solid Melting into Air? Part I: Philosophical, Legal and Economic Perspectives on Property Rights 2. Property Rights: Locke, Kant, Pierce and the Logic of Volitional Pragmatism 3. Charting the Constitutional Course of Private Property: Learning from the 20th Century 4. Why are Judges so Wary of Regulatory Takings? 5. Propriety Through Commodity? Why Have Legal Environmentalists Embraced Market-based Solutions? Part II: New Realizations of Property in the 21st Century? 6. Local Government as Private Property: Towards the Post-Modern Municipality 7. Property Without Community: The (Frequent) Consequence of Tax Exemptions for Non-profit Institutions 8. Property Rights in the 21st Century: Righting Past Wrongs Part III: Private Property in the 21st Century 9. The Future of an American Ideal Index

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Book SynopsisThis important volume gives a comprehensive overview of the economic foundations of private property law. Beginning with economic and philosophical accounts of the origins of property, the authoritative selection of articles traces the evolution of both private and common property, establishing how they coexist within a mature property rights system. Particular attention is directed towards the regulation of specific types of commons such as pastures, streets and fisheries. The study also examines the rules that govern the acquisition, protection and transfer of private property as part of a coherent system of property rights.Trade Review'. . . an important anthology that will interest and stimulate academics and students to think more theoretically and broadly about the resources that surround us.' -- Jacinta Ruru, New Zealand Law Journal'Property lies at the foundations of all economic organization. Property theory in the past thirty years has blossomed and yielded rich fruits for those seeking a deeper understanding of the relationship between law, economics and society. Much of this intellectual achievement is due to the restless curiosity, creativity and sheer firepower of Richard Epstein. His new collection of readings in the modern economic analysis of property gathers together seminal contributions to the art, drawn from a wide range of viewpoints, and offering many surprising perspectives. Epstein's magisterial survey essay that heads the collection itself gives new insights into how property institutions create systems of exclusion and governance across time and space, allowing separations and co-operations between individuals and so expanding the reach of human relationships and creativities. Critics of property institutions also find a place in this collection, pointing to the deformities and inequalities that can result from property powers. The twenty-two essays range across fields of urgent contemporary significance including commons regulation, environmental control, aboriginal titles, and intellectual property. Special mention must be made of Epstein's tongue-in-cheek study of allocation of car parking places in wintry Chicago, a metaphor for the inventiveness of human society in constructing new forms of property. This is no mundane collection of no-longer-read classics. It is a thesaurus of ideas that cannot be missed.' -- Joshua Getzler, University of Oxford, UKTable of ContentsContents: Acknowledgements Introduction Richard A. Epstein PART I PHILOSOPHICAL PRELIMINARIES 1. Harold Demsetz (1967), ‘Toward a Theory of Property Rights’ 2. Frank I. Michelman (1982), ‘Ethics, Economics, and the Law of Property’ 3. J.W. Harris (1996), ‘Who Owns My Body’ PART II THE COMMONS 4. Peder Andersen (1983), ‘“On Rent of Fishing Grounds”: A Translation of Jens Warming’s 1911 Article, with an Introduction’ 5. Barry C. Field (1989), ‘The Evolution of Property Rights’ 6. Clifford G. Holderness (1989), ‘The Assignment of Rights, Entry Effects, and the Allocation of Resources’ 7. Robert C. Ellickson (1989), ‘A Hypothesis of Wealth-Maximizing Norms: Evidence from the Whaling Industry’ 8. Thráinn Eggertsson (1992), ‘Analyzing Institutional Successes and Failures: A Millennium of Common Mountain Pastures in Iceland’ 9. Henry E. Smith (2000), ‘Semicommon Property Rights and Scattering in the Open Fields’ 10. James M. Buchanan and Yong J. Yoon (2000), ‘Symmetric Tragedies: Commons and Anticommons’ 11. Gary D. Libecap and James L. Smith (2002), ‘The Economic Evolution of Petroleum Property Rights in the United States’ 12. Richard A. Epstein (2002), ‘The Allocation of the Commons: Parking on Public Roads’ PART III PRIVATE PROPERTY: ACQUISITION 13. Carol M. Rose (1985), ‘Possession as the Origin of Property’ 14. John Umbeck (1977), ‘The California Gold Rush: A Study of Emerging Property Rights’ 15. Robert C. Ellickson (1986), ‘Adverse Possession and Perpetuities Law: Two Dents in the Libertarian Model of Property Rights’ PART IV PRIVATE PROPERTY: PROTECTION 16. Thomas W. Merrill (1985), ‘Trespass, Nuisance, and the Costs of Determining Property Rights’ 17. Richard A. Epstein (1997), ‘A Clear View of The Cathedral: The Dominance of Property Rules’ 18. Elizabeth Brubaker (1998), ‘The Common Law and the Environment: The Canadian Experience’ PART V PRIVATE PROPERTY: DISPOSITION 19. Susan Rose-Ackerman (1985), ‘Inalienability and the Theory of Property Rights’ 20. Clifford G. Holderness (1985), ‘A Legal Foundation for Exchange’ 21. Bernard Rudden (1987), ‘Economic Theory v. Property Law: The Numerus Clausus Problem’ 22. Richard A. Epstein (1988), ‘Covenants and Constitutions’ Name Index

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Book SynopsisThe discipline of law and economics has earned a reputation for developing plausible and empirically testable theories on the social functions and the impact of legal institutions. Property rights are a field in which this has been very successful. In this book, economic property rights theories are applied to case law in order to examine the practice and solution of real life conflicts. The author examines the economic problems which are dealt with in these cases and evaluate the courts’ decisions from an economic angle. Cases are examined from across the UK, the US, Germany, Belgium and Canada to allow international comparisons to be made. These comparisons reveal that, regardless of the legal system, many legal issues have similar economic roots and therefore similar models of economic analysis can be applied. The analysis of these cases also shows that the discipline of law and economics is not only successful in developing explanatory models but also useful to generate better considerations and solutions for legal conflicts in individual cases. This book aims to bridge the gap between the academic and professional literature and demonstrate the benefits of the economic analysis of property rights cases to all those who are interested in law and economics.Trade Review'This book contains illuminating and carefully written literature reviews on the central topics of the economics of property rights and institutions. As a bonus, it includes two fascinating chapters on topics off the beaten path - slavery and new types of property rights in environmental goods. This book will be indispensible for students and experienced scholars alike.' -- Eric Posner, University of Chicago Law School, USTable of ContentsContents: 1. Introduction Boudewijn Bouckaert 2. Property Rights in Legal History Kim Hoofs 3. Property Rights: A Comparative View Sjef van Erp and Bram Akkermans 4. Private and Common Property Rights Elinor Ostrom and Charlotte Hess 5. Original Assignment of Private Property Boudewijn Bouckaert 6. Decomposition of Property Rights Jeffrey Evans Stake 7. Nuisance Timothy Swanson and Andreas Kontoleon 8. Adverse Possession Ben Depoorter 9. Title Systems and Recordation of Interests Boudewijn Bouckaert 10. The Economics of Slavery Jenny Wahl 11. New Forms of Private Property: Property Rights in Environmental Goods Daniel H. Cole 12. Security Interests, Creditors’ Priorities, and Bankruptcy James W. Bowers Index

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Book Synopsis'Opening a property law book often results in reading mere technical descriptions of enforceable rules within a given legal system. This book edited by Michele Graziadei and Lionel Smith breaks this tradition by providing a complete, high-level and up-to-date introduction to key issues in contemporary property law from a multidisciplinary and global perspective. Thanks to the diversity and the quality of the various contributions, it is a perfect gateway for anyone broadly interested in the field.'Mikhail Xifaras, Sciences Po Law School, FranceComparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors are leading experts in their fields who cover both classic and new subjects, including the transfer of property, the public-private divide, water and forest laws and the property rights of aboriginal peoples.Incorporating contributions from a variety of countries, this handbook explores property law with a critical edge, viewing the subject through the lens of both public and private law theory and providing a springboard for further research. This unique coverage of new and emerging subjects in property law also examines developments in Africa, Latin America and China. This handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for scholars working across the breadth of the field.Contributors include: B. Akkermans, L. Alden Wily, R. Aluffi, M.R. Banjade, A. Braun, T. Earle, Y. Emerich, J.L. Esquirol, D. Francavilla, F. Francioni, M. Graziadei, A.M. Larson, A. Lehavi, F. Lenzerini, K. McNeil, I. Monterroso, E. Mwangi, S. Praduroux, S. Qiao, G. Resta, D.B. Schorr, L. Smith, B. Turner, F.K. Upham, A. van der Walt, L. van Vliet, F. Valguarnera, R.l. WalshTrade Review'As one of the latest titles in Elgar's Research Handbooks in Comparative Law series, this book presents the results of an enormous amount of up-to-date research in this increasingly topical area of law and contains a wealth of references in the extensive footnoting and the bibliographies which follow most chapters. For comparative lawyers, or property lawyers advising international clients, this is an extremely useful volume to acquire.' --The Barrister'This excellent and wide-ranging book offers the best and most comprehensive comparative analysis of property law I have seen in years. The book covers a myriad of fascinating topics. It contains contributions from first-rate property scholars from all over the world and despite its breadth, it makes for a delightful read. The chapters of the books contain a plethora of new insights into the law and practice of property in different countries. Any reader will learn a tremendous deal from the book. Its chapters offer a rich discussion of assets, doctrines, institutions and legal systems. It is difficult to imagine such wealth of legal resources and knowledge in any other single source. The book is highly recommended to all readers.' --Gideon Parchomovsky, University of Pennsylvania'Property laws and norms lie at the foundation of human life, but because property rules have been thought to be peculiarly local, knowledge about them has travelled poorly. This volume, which cuts across disciplines and cultures, is a welcome effort to stanch this parochialism.' --Robert Ellickson, Yale Law SchoolTable of ContentsContents: Introduction Michele Graziadei and Lionel Smith PART I PERSPECTIVES FROM OTHER DISCIPLINES 1. Property in Prehistory Timothy Earle 2. The Anthropology of Property Bertram Turner PART II THE PRIVATE PROPERTY MODEL AND ITS GRAMMAR 3. Objects of Property Rights: Old and New Sabrina Praduroux 4. The Structure of Property Ownership and the Common Law/Civil Law Divide Michele Graziadei 5. The Numerus Clausus of Property Rights Bram Akkermans 6. The State of the Art of Comparative Research in the Area of Trusts Alexandra Braun 7. Transfer of Property Inter Vivos Lars van Vliet 8 Possession Yaëll Emerich PART III CONTESTED GLOBAL DIMENSIONS OF PROPERTY LAW 9. Comparative Constitutional Property Law André van der Walt and Rachael Walsh 10. Systems of Public Ownership Giorgio Resta 11. Access to Nature Filippo Valguarnera 12. Water Rights David B. Schorr 13. Land Law in the Age of Globalization and Land Grabbing Amnon Lehavi 14. China’s Changing Property Law Landscape Shitong Qiao and Frank K. Upham 15. Formalizing Property in Latin America Jorge L. Esquirol 16. Property and the Religious Sphere Roberta Aluffi and Domenico Francavilla 17. Cultural Property in International Law Francesco Francioni 18. The Land Rights of Indigenous Peoples Under International Law Federico Lenzerini 19. Indigenous Territorial Rights in the Common Law Kent McNeil 20. Community Rights to Forests in the Tropics Anne M. Larson, Iliana Monterroso, Mani Ram Banjade, Esther Mwangi 21. Customary Tenure: Remaking Property for the 21st Century Liz Alden Wily Index

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Book SynopsisLeading scholars in the field of law and economics contribute their original theoretical and empirical research to this major Handbook. Each chapter analyzes the basic architecture and important features of the institutions of property law from an economic point of view, while also providing an introduction to the issues and literature.Property rights and property systems vary along a large number of dimensions, and economics has proven very conducive to analyzing these patterns and even the nature of property itself. The contributions found here lend fresh perspectives to the current body of literature, examining topics including: initial acquisition; the commons, anticommons, and semicommons; intellectual property; public rights; abandonment and destruction; standardization of property; property and firms; marital property; bankruptcy as property; titling systems; land surveying; covenants; nuisance; the political economy of property; and takings. The contributors employ a variety of methods and perspectives, demonstrating the fruitfulness of economic modeling, empirical methods, and institutional analysis for the study of both new and familiar problems in property. Legal scholars, economists, and other social scientists interested in property will find this Handbook an often-referenced addition to their libraries.Table of ContentsContents: Introduction Henry E. Smith 1. Property Rights, Land Settlement and Land Conflict on Frontiers: Evidence from Australia, Brazil and the US Lee J. Alston, Edwyna Harris and Bernardo Mueller 2. Commons, Anticommons, Semicommons Lee Anne Fennell 3. The Anticommons Lexicon Michael A. Heller 4. Private Property and Public Rights Thomas W. Merrill 5. Toward an Economic Theory of Property in Information Henry E. Smith 6. Unilateral Relinquishment of Property Lior Jacob Strahilevitz 7. Standardization in Property Law Henry E. Smith 8. Covenant Lite Lending, Liquidity, and Standardization of Financial Contracts Kenneth Ayotte and Patrick Bolton 9. The Personification and Property of Legal Entities George Triantis 10. Bankruptcy as Property Law Barry E. Adler 11. The Law and Economics of Marital Property Martin Zelder 12. Property Titling and Conveyancing Benito Arruñada 13. Land Demarcation Systems Gary D. Libecap and Dean Lueck 14. Servitudes Carol M. Rose 15. The Economics of Nuisance Law Keith N. Hylton 16. Acquiring Land Through Eminent Domain: Justifications, Limitations, and Alternatives Daniel B. Kelly 17. The Rest of Michelman 1967 William A. Fischel Index

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