Strata Title Property Rights


Book Description

Multi-owned properties make up an ever-increasing proportion of commercial, tourist and residential development, in both urban and rural landscapes around the world. This book critically analyses the legal, social and economic complexities of strata or community title schemes. At a time when countries such as Australia and the United States turn ever larger areas into strata title/condominiums and community title/homeowner associations, this book shows how governments, the judiciary and citizens need to better understand the ramifications of these private communities. Whilst most strata title analysis has been technical, focusing on specific sections of legislation, this book provides higher level analysis, discussing the wider economic, social and political implications of Australia’s strata and community title law. In particular, the book argues that private by-laws, however desirable to initial parties, are often economically inefficient and socially regressive when enforced against an ever-changing group of owners. The book will be of particular interest to scholars and legal practitioners of property law in Australia, but as the Australian strata title model has formed the basis for legislation in many countries, the book draws out lessons and analysis that will be of use to those studying privately-owned communities across the world.




Proceedings of the 3rd Borobudur International Symposium on Humanities and Social Science 2021 (BIS-HSS 2021)


Book Description

This is an open access book. Still related to the big theme of reinforcement the SDG’s at the previous conference, we try to invite academics and researchers in the world to participate in the 3rd Borobudur International Symposium 2021 (3rd BIS 2021). As we know, The COVID-19 pandemic and its impact on all 17 SDGs have demonstrated that what began as a health catastrophe swiftly transformed into a human and socioeconomic crisis. In September 2019, the UN Secretary-General urged all sectors of society to mobilize for a decade of action on three fronts: global action to ensure increased leadership, increased resources, and smarter solutions for the Sustainable Development Goals; local action to embed the necessary transitions into governments’ policies, budgets, institutions, and regulatory frameworks; and international action to ensure greater leadership, increased resources, and smarter solutions for the Sustainable Development Goals. Especially in 3rd BIS 2021, we brought up “Decade of Action towards Environmental Issues: Advancing the Innovation to Recover our Planet” as main theme. The conference will be held on Wednesday, December 15, 2021 in Magelang, Central Java, Indonesia. Scope includes Art & Linguistics, Communication, Economics, Education, Government Studies, Health Administration, Hospitality, International Relations, Law, Pharmacy, Political Studies, Psychology, Public Health, Religious Studies, Sociology, Health Sciences.




Multi-Owned Property in the Asia-Pacific Region


Book Description

This book provides critical insight into the experience of multi-owned property, and showcases different cultural responses across the Asia-Pacific region. Escalating demand for properties within global cities has created exuberance around apartment living; however less well understood are the restrictions on individual rights and responsibilities associated with collective living. In contrast to the highly populated and traditional communal housing arrangements of past Asian economies, we see an increasing focus on neo-liberalist, market-based policies associated with the rise of an Asian middle class shaping structural change from communal to individualistic. This edited collection unpacks the rights, restrictions and responsibilities of multi-owned property ownership across the Asia-Pacific region; examining the experiences of developers, strata-managers, owners and residents. In doing so, they highlight how the rights of one party affects the restrictions and responsibilities of others within different policy frameworks. This work will reach an interdisciplinary audience including scholars and practitioners of sociology, public policy, urban studies and planning, economics, property management and architecture.




Property Rights and Climate Change


Book Description

Property Rights and Climate Change explores the multifarious relationships between different types of climate-driven environmental changes and property rights. This original contribution to the literature examines such climate changes through the lens of property rights, rather than through the lens of land use planning. The inherent assumption pursued is that the different types of environmental changes, with their particular effects and impact on land use, share common issues regarding the relation between the social construction of land via property rights and the dynamics of a changing environment. Making these common issues explicit and discussing the different approaches to them is the central objective of this book. Through examining a variety of cases from the Arctic to the Australian coast, the contributors take a transdisciplinary look at the winners and losers of climate change, discuss approaches to dealing with changing environmental conditions, and stimulate pathways for further research. This book is essential reading for lawyers, planners, property rights experts and environmentalists.




The Boundaries of Australian Property Law


Book Description

Focussing on the Torrens title system, this text offers students and practitioners a unique perspective on Australian real property law.







Use of Property Rights in Fisheries Management


Book Description

The session was closed with papers that provided a prognosis on the future development of property rights in fisheries management. Thus, the conference papers addressed the theory and application of property.




Modern Studies in Property Law, Volume 10


Book Description

This book contains a collection of papers presented at the Twelfth Biennial Modern Studies in Property Law Conference held at University College London in April 2018. The conference and its published proceedings are an established forum for property lawyers from around the world to showcase the latest research. This collection includes a keynote address by Dame Elizabeth Gloster, former Vice President of the Court of Appeal (Civil Division), on technology in property law. It also includes plenary addresses by Professor Henry Smith on the architecture of property law and the challenge of compiling the American Law Institute's Fourth Restatement of Property, and by Her Honour Judge Karen Walden-Smith on the role of the first instance judge in property cases. Sixteen further chapters address a wide range of issues, including the theory and taxonomy of land law, the re-evaluation of land obligations, the nature and operation of equitable property rights and shares, the role of property in commerce, comparative approaches to leases and trusts, and contemporary issues in land registration. Collectively, the chapters demonstrate the vibrancy, diversity and importance of property law and of current research in the subject.




Australian Principles of Property Law


Book Description

Australian Principles of Property Law, now in its third edition, covers all aspects of Australian real property law. Each chapter has been expanded and updated to incorporate the latest developments and theories. Incorporating academic discussion of historical and theoretical issues underlying the property system, as well as practical discussion of relevant legislative schemes, this texbook is the ideal accompaniment to any undergraduate property law course. Focusing on Victorian law, the text also outlines developments in other states and provides technical explanations where necessary. It is supported throughout by extracts from a wide range of cases and materials.




The Routledge Handbook of Property, Law and Society


Book Description

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.