Description
Book SynopsisThis book contains a collection of peer reviewed papers presented at the ninth biennial Modern Studies in Property Law conference held at the University of Southampton in March 2012. It is the 7th volume to be published under the name of the conference. The conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects both the breadth of modern research in property law and its international dimensions. Incorporating a keynote address by Lord Walker of Gestingthorpe, retired Justice of the Supreme Court, on 'The Saga of Strasbourg and Social Housing,' a number of chapters reveal the bourgeoning influence of human rights in property law. Other contributions illustrate an enduring need to question and explore fundamental concepts of the subject alongside new and emerging areas of study. Collectively the chapters demonstrate the importance and relevance of property research in addressing a wide range of contemporary issues.
Table of ContentsPART I: PROPERTY AND HOUSING 1. The Saga of Strasbourg and Social Housing Lord Walker of Gestingthorpe 2. Owning Part but Losing All: Using Human Rights to Protect Home Ownership Susan Bright, Nicholas Hopkins and Nicholas Macklam 3. The Big Society and Social Housing: Never the Twain Shall Meet? Warren Barr 4. Regulating Residential Tenancies in Ireland: Rights, Responsibilities and Enforcement Áine Ryall PART II: CHALLENGING PERCEPTIONS OF PROPERTY AND TRUSTS 5. Shapeless Trusts and Settlor Title Retention: An Asian Morality Play Adam S Hofri-Winogradow 6. Misplaced Trust: First Principles and the Conveyance of Legal Leases to Minors Leslie Turano-Taylor 7. The Community of Owners' Regulation of Common Property in Polish Condominium Schemes Magdalena Habdas 8. Collective Property: Owning and Sharing Residential Space Sarah Blandy 9. Earth under the Nails: The Extraordinary Return to the Land Sue Farran PART III: INTERSECTIONS BETWEEN PRIVATE PROPERTY, THE PUBLIC AND THE STATE 10. Towards an Understanding of Public Property John Page 11. The Sale of Items in Museum Collections Janet Ulph 12. Property as a Human Right: Another Casualty of the 'War on Terror'? Frankie McCarthy 13. The Evolving Relationship between Property and Participation in English Planning Law Rachael Walsh 14. The Rise of Property Rights: Implications for Urban Planning, Environmental Protection and Biodiversity Conservation in Australia Peter Williams PART IV: THE NATURE, CONTENT AND ACQUISITION OF PROPERTY 15. 'Persistent Rights' Appraised Simon Gardner 16. The Content of a Freehold: A 'Right to Use' Land? Simon Douglas 17. Property and Alienation: Rights, Obligations, Restraints Scott Grattan 18. Possession Taken by Theft and the Original Acquisition of Personal Property Rights Robin Hickey 19. The Prevalence of Private Takings Emma JL Waring
