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This text is an authoritative treatise on the law of commons, town and village greens. This edition incorporates extensive developments in the law since 1988.
This is an indispensable collection of statutory and non-statutory materials relating to charity law in England and Wales. Revised to coincide with the implementation of the Charities Act 2011 – a major consolidation of the charity law - the Handbook is an essential reference source for charity lawyers, in-house lawyers, academics, charities and voluntary organisations and their trustees. Available as three paperback volumes, CD-ROM or both (the mixed media option). Statutes range from the Preamble to Charitable Uses Act 1601 to the Finance Act 2011. It also includes relevant provisions covering data protection, company law, gambling and lotteries, minimum wages, freedom of information, discrimination, tax and VAT, along with a wide range of statutory instruments and the latest SORP. New legislation since the second edition includes: Income Tax Act 2007 Corporation Tax Act 2009 Perpetuities and Accumulations Act 2009 Academies Act 2010 Bribery Act 2010 Corporation Tax Act 2010 Equality Act 2010 Charities Act 2011 Finance Act 2011 This edition is also available on CD-ROM, making more than 2000 pages of legislation and guidance portable and easy to search.
This innovative and interdisciplinary book makes a major contribution to common pool resource studies. It offers a new perspective on the sustainable governance of common resources, grounded in contemporary and archival research on the common lands of England and Wales - an important common resource with multiple, and often conflicting, uses. It encompasses ecologically sensitive environments and landscapes, is an important agricultural resource and provides public access to the countryside for recreation. Contested Common Land brings together historical and contemporary legal scholarship to examine the environmental governance of common land from c.1600 to the present day. It uses four case studies to illustrate the challenges presented by the sustainable management of common property from an interdisciplinary perspective - from the Lake District, Yorkshire Dales, North Norfolk coast and the Cambrian Mountains. These demonstrate that cultural assumptions concerning the value of common land have changed across the centuries, with profound consequences for the law, land management, the legal expression of concepts of common 'property' rights and their exercise. The 'stakeholders' of today are the inheritors of this complex cultural legacy, and must negotiate diverse and sometimes conflicting objectives in their pursuit of a potentially unifying goal: a secure and sustainable future for the commons. The book also has considerable contemporary relevance, providing a timely contribution to discussion of strategies for the implementation of the Commons Act of 2006. The case studies position the new legislation in England and Wales within the wider context of institutional scholarship on the governance principles for successful common pool resource management, and the rejection of the 'tragedy of the commons'.
First published on 30/01/2005, PLR 2005 is a signifcant contribution to Property.
Peter Sparkes' path-breaking text on land law has been rewritten with two aims in mind: to incorporate the seismic changes introduced by the Land Registration Act 2002,along with commonholds, the explosion of human rights jurisprudence, and the unremitting advance of judicial exposition; and to accommodate the author's developing thinking on the structural aspects of the subject. The book opens with a series of shorter chapters each exploring a fundamental building block: registration; houses flats and commonholds; land, ownership and its transactional powers; social controls balanced by human rights to property; fragmentation by time (the doctrine of estates), divisions of ownership and proprietary rights. In terms of substantive chapters the book opens with discussion of the new transfer system -- paper-based transfer alongside the evolution towards electronic conveyancing -- and the consequent changes to the proof of registered titles and to the registration curtain. The new approach to adverse possession against registered titles has called for extended discussion, as has the authoritative elucidation of the concept of adverse possession in Pye. In terms of proprietary interests the fundamentals are seen as rights to transfer, beneficial interests under trusts which are overreachable, burdens which are endurable, leases, money charges such as mortgages which are redeemable, and the obligations enforcible within the neighbour principle -- easements, covenants and positive covenants being treated as a semi-coherent whole. An attempt has been made to assist students by moving some of the more arcane learning later into the book or into separate chapters where these matters might be more readily ignored by a candidate concerned primarily to prepare for an examination. "A massive amount of research and scholarship has gone into the book, with impressive citation of cases, articles and case-notes, and of other text-books. This newcomer on the scene is a considerable addition to the ranks of serious text-books on land law and the author is to be congratulated." The New Law Journal "The scope of this work is ambitious...it is a bold attempt to take the study of land law forward...much more than a basic land law text book...it would be a pleasure to be able to teach a course requiring students to cover the substance or the bulk of it whether in one or more modules...a difficult blend of background and history, massive referencing, discussion of statute and case law, all wrapped up in a text that is not too difficult to absorb." The Law Teacher "A most interesting and ground breaking book" Michael Cardwell, University of Leeds "At last, a brilliant land law book! I think the approach is marvellous and will strongly recommend it to my students" Keith Gompertz, University of Central England. "... takes a more modern approach to the area...I am very impressed with the style, layout and format. It will be a good teaching tool and I am looking forward to using it." Alison Dunn, Newcastle Law School. "...not baffling in the way land law texts tend to be" Helen Taylor, University of Teesside "Excellent." Professor Edward Burn, City University.
Seminar paper from the year 2011 in the subject Law - Public Law / Administrative Law, grade: 2,0, Carl von Ossietzky University of Oldenburg, language: English, abstract: To work out the details on how to acquire communal resource rights by long term use we first have to examine the question what are communal resource rights exactly. Due to the fact that there is no possibility for a community to own land or to hold fee simple estates in land, English Law has developed limited access "communal property rights". These rights can be exercised over areas known as commons. Commons have their origin in the agricultural tradition that has been established in the late 11th century to use the harvested fields together for common grazing of the animals of all members of a locality. Out of these local customs evolved the so called "rights of common" as part of the communal property rights. They are held by distinct individuals of a community and include rights such as fishing, grazing or to collect firewood which can be asserted by them. Over time, the use of particular rights of common decreased due to the industrialization. The changing reliance of the people on certain resources such as timber and the second communal property rights called customary rights of fluctuating bodies gained in importance. They can only be acquired by custom or by long use and have the peculiarity that they can be exercised, once they have been established, by anybody independently of ownership as long as he belongs to the particular local community. One of the most frequently exercised customary rights is the right of recreational use on which this paper puts the focus on. This use has been very limited in the history of English law, but in the 13th century some land has been increasingly used by the local inhabitants for recreation or sports and the courts started to declare a land as town or village green with protection from interference if a long term use could be verified. Since
This book is an examination of the law of land registration in England and Wales, in the light of the Land Registration Act 2002, and in particular at the way land registration is influenced by, and in turn influences, the evolution of land law as a whole. It examines the legal problems that have arisen in connection with land registration and considers the effect of the 2002 statute, drawing extensively upon the law in other jurisdictions and considering possibilities for future development. This is a book which will be essential reading for students, their teachers, and practitioners who will have to grapple with the intricacies of the new Act when it comes into force.
This handbook brings together diverse perspectives, major topics, and multiple approaches to one of the biggest legal institutions in society: property. Property touches on many fundamental human questions. It involves decisions about power, economy, morality, work, and ecology. It also involves ideas about where humans fit in the world and how humans relate to more-than-human life. This book will ask in myriad ways such questions as: what property means, what kinds of property there are, what is and should be the relationship between owned and owner, and what is the impact of different forms of property on life in this world? Drawing on a range of socio-legal and empirical methodologies, renowned scholars and rising stars in property from around the world present current issues and map future directions in research. Coming from the place of law but reaching out through cognate disciplines, this handbook provides a comprehensive and accessible survey of current research at the interface of property, society, and the environment. This handbook will appeal to students and researchers across a range of disciplines, including law, sociology, geography, history, and economics.