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In this report, the Law Commission makes recommendations to simplify, modernise and enhance the law of easements, covenants and profits รก prendre. These rights are essential to the effective use of land and are relied upon by a significant proportion of property owners in England and Wales. Parts of the current law are ancient, contradictory and unfit for modern society. The report recommends reform where it is needed, while preserving those aspects of the law that function as they should. The recommendations would not affect the validity and enforceability of existing rights. The reforms would: make it possible for the benefit and burden of positive obligations to be enforced by and against subsequent owners; simplify and make clearer the rules relating to the acquisition of easements by prescription (or long use of land) and implication, as well as the termination of easements by abandonment; give greater flexibility to developers to establish the webs of rights and obligations that allow modern estates to function; facilitate the creation of easements that allow a substantial use of land by the benefiting owner (for example, rights to park a car); expand the jurisdiction of the Lands Chamber of the Upper Tribunal to allow for the discharge and modification of easements and profits created post-reform.
Volume one, Reconciling customary land and development in the Pacific, is an overview of the main issues that Pacific island countries, Papua New Guinea and East Timor - referred to broadly as the Pacific region - are likely to face if they choose to reform their land policies and institutions to promote social and economic development. Volume two, Case studies on customary land and development in the Pacific, is a collection of 16 studies that look at problems and innovative practices in land tenure and administration across the Pacific region.
Taking a fresh and innovative approach to the subject, Making Sense of Land Law is an essential textbook designed to help those coming to the subject for the first time. Practical scenarios and diagrams are feature throughout, making the subject come alive. The Q&A-style of debate in the book is unique and takes the reader through the issues step by step. This book is suitable as a core textbook, but also as a revision guide or for self-study. This is an ideal text for a land law module at first or second year level, as part of an LLB degree. Also useful for undergraduates of other related disciplines in which an awareness of land and property law is required in an easy-to-digest and accessible manner, such as planning, estate management and business property and other built environment courses. New to this Edition: - Fully revised and updated - The latest on the law of easements - Discussion of the development in constructive and resulting trusts
What is land and how is it made? In this path-breaking study of sites in western, eastern, and southern India, Nikita Sud argues that land is not simply the solid surface of the earth. It is best understood as a materially and conceptually dynamic realm, intimately tied to the social. As such, land transitions across porous registers of territory, property, authority, the sacred, history and memory, and contested access and exclusion. While states, markets, and politics in post-liberalization India try to make land suitable for 'growth' and 'development', the relationship between the soil and institutions is never straightforward. A state attempting to order a layered topography is frequently stretched into shadowy domains of informality and unsanctioned practices. A market may be advanced, but remains precariously embedded in sociality. Politics could challenge the land-making of the state and markets. It may also effect compromises. Attempts at constructing a durable landed order thus reveal our own (dis)orders. In attempting to 'make' the land, Sud's intriguing study shows how the land simultaneously 'makes' us.
Students of public finance and fiscal decentralization in developing and transitional countries have long argued for more intensive use of the property tax. It would seem the ideal choice for financing local government services. Based on a Lincoln Institute conference held in October 2006, the chapters in this book take this argument one step further in drawing on recent experience with property tax policy and administration. Two main sets of issues are addressed. First, why hasn't the property tax worked well in most developing and transitional countries? Second, what can be done to make the property tax a more relevant source for local governments in those countries? The numerous advantages of the property tax as a local government revenue source are analyzed and discussed in detail as are the many perceived disadvantages.
In Latin America, a territorial cadastre is a public registry that manages information relating to parcels of land. As an institution, the cadastre is common in many countries, although it does not exist in the United States. The cadastre plays a key role in urban planning and property valuation in Latin America. An increasing number of jurisdictions in Latin America have begun to move from the orthodox cadastre model imported from Europe to the multipurpose cadastre (MPC) model. An MPC is based on a partnership of stakeholders committed to generating extensive, detailed, and up-to-date information about a city. In addition to legal, economic, and physical characteristics contained in the orthodox cadastre, an MPC also shares alphanumeric data, maps, and human and financial resources. In recent years, conditions in many countries of Latin America have favored the implementation of MPCs at reasonable cost. This report describes the past, present, and potential future role of cadastres as a land policy tool in Latin America. It describes how national, regional, and local jurisdictions across Latin America have used updated orthodox and/or multipurpose cadastres to strengthen urban financing and inform planning decisions. The following set of practices and policies will facilitate the implementation of an MPC. Assess and utilize existing data. Use existing technology to the fullest, and explore free software alternatives. Coordinate actions and databases with the greatest number of partners possible. Incorporate data on informal settlements in cadastre maps and characterize the parcels in the alphanumeric database.
This book explores conservation practices on private land, based on research conducted with landholders in the hinterlands of Melbourne, Australia. It examines how conservation is pursued as an intimate interaction between people and ecologies, suggesting that local ecologies are lively participants in this process, rather than simply the object of conservation, and that landholders develop their ideas of environmental stewardship through this interaction. The book also explores the consequences of private property as a form of spatial organisation for conservation practice; the role of formative interactions with ecologies in producing durable experiential knowledge; how the possibilities for contemporary conservation practice are shaped by historical landscape modification; and how landholders engage with conservation covenants and payment schemes as part of their conservation practice. The authors conclude with ideas on how goals and approaches to private land conservation might be reframed amid calls for just social and ecological outcomes in an era of rapid environmental change.
Unlocking Land Law will help you grasp the main concepts of the subject with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising land law. The information is clearly presented in a logical structure and the following features support learning, helping you to advance with confidence: clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject; key facts summaries throughout each chapter allow you to progressively build and consolidate your understanding; end-of-chapter summaries provide a useful check-list for each topic; cases and judgments are highlighted to help you find them and add them to your notes quickly; frequent activities and self-test questions are included so you can put your knowledge into practice; sample essay questions with annotated answers prepare you for assessment; glossary of legal terms clarifies important definitions. This edition has been extensively rewritten and updated to include discussion of recent changes and developments within the module. These include the decision in Marr v Collie [2017] UKPC 17 and its implications on implied trusts and rights in the family home; Regency Villas Title Ltd v Diamond Resorts [2017] EWCA Civ 238, which has reviewed the definition of an easement; Smith v Molyneux [2016] UKPC 35, which revisits the law on consent to a licence in adverse possession cases, and, not least, the interesting decision in Baker v Craggs [2018] EWCA 1126, which considers what constitutes a legal estate in land under s 2 Law of Property Act 1925.