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In Colonial Lives of Property Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.
In the end, the book provides a fresh, comprehensive overview of an intriguing subject, accessible to anyone with a minimal background in economics. (An introductory chapter introduces the handful of assumptions embedded in the text's economics and law).
Principles of Land Law in New Zealand is an abridged, one book version of the highly regarded property resource, Hinde, McMorland & Sim Land Law in New Zealand. Continuing the reputation of previous editions, Principles of Land Law in New Zealand offers students and practitioners authoritative commentary on the fundamentals of land law. Since the last edition, previously titled Principles of Real Property Law, there have been significant legislative and case law updates incorporated by the authors in all chapters with particular focus on the adaptation of the text throughout to incorporate the Land Transfer Act 2017. Features: Comprehensive discussion of the core principles of land law; Written by a prestigious author team who are experts in their field; Thoroughly updated to incorporate the Land Transfer Act 2017.
Reliable source on property laws surveys estates in land-;present, future, and concurrent, comparable interests in personalty, landlord and tenant law, and rights against neighbors and other third persons. Also examines easements and profits, running covenants, governmental controls on land use, land contracts, conveyances, titles, and recording systems. Contains footnote citations to leading court decisions for easy location of primary authority.
Recent years have seen a globalization of property rights as the Western conception of property over land has extended across the world. As formerly community-owned land and natural resources are privatized and titling schemes proliferate, Property Rights from Below questions the trend toward treating land as a commodity and explores alternatives to the Western model. As we enter an era of resource scarcity and as competition for land and associated natural resources increases, purchasing power cannot become the sole criterion for land allocation; and the law of supply and demand in increasingly financialized markets cannot become the sole metric through which the value of land is determined. Using a range of examples from around the world, Property Rights from Below demonstrates that alternatives to this model often emerge from social innovations supported by local communities and that there is an urgent need for a broader political imagination when it comes to land governance. This innovative cross-disciplinary perspective on the pressing problems surrounding global property rights will be of interest to academics, students and professionals with an interest in property law, development economics and land governance.
In its essence, land law has to provide answers to two very difficult questions: who is entitled to use land, and how they are entitled to use it? Land law is therefore inherently difficult, but not impossibly so. It consists of an ordered and logical system, which aims to take the sting out of fierce disputes. This new introductory textbook reveals the system and also shows how it is possible to understand and criticize land law. The book is written in a student-friendly style and, in both its pages and companion web-site, makes use of helpful visual aids. The book places land law firmly within the wider context of property law. The introduction discusses a basic tension which runs throughout property law, and it shows how that tension is heightened where land is involved. The second part shows the response to this basic tension, setting out a basic structure which applies throughout property law, while noting how the special nature of land leads to the special features of land law. The third part of the book applies the basic structure to the individual topics making up land law courses, using the structure to reveal the conceptual coherence which lies behind the technical terms. The book is ideal reading for undergraduate law students seeking a rock-solid understanding of how land law works.
In this concise history of expropriation of land for the common good in Europe and North America from medieval times to 1800, Susan Reynolds contextualizes the history of an important legal doctrine regarding the relationship between government and the in