Possession of Land


Book Description

Nothing is more important in English land law than 'possession'. It is the foundation of all title, rights and remedies. But what exactly is it, and why does it still matter? This book, first published in 2006, is about the meaning, significance and practical effect of the concept of possession in contemporary land law. It explains the different meanings of possession, the relationship between possession and title, and the ways in which the common law and equity do, and do not, protect possession. The rights and remedies of freeholders, tenants and mortgage lenders, between themselves and against third parties, are all to some extent dependent on questions of status and possession. This book shows how. It is designed to provide an understanding of the basic principles for the student, and answers to difficult, real problems for the practitioner.







Examples & Explanations for Property


Book Description

Examples & Explanations: Property, Sixth Edition, is a study aid that offers clear textual introductions to legal terms and concepts in property law, followed by examples and explanations that test and apply the reader’s understanding of the material covered. Both authors have years of experience presenting material in a clear and compelling way. With its rich pedagogy that features boldfaced legal terms and visual aids, Examples & Explanations: Property, Sixth Edition, fills a niche that is distinct from other books. Using a six-part topical organization, accomplished authors Barlow Burke and Joseph Snoe ensure that the rules and doctrines making up the first-year course on the law of property are well covered. New to the Sixth Edition: Revised and rearranged coverage and examples to focus on major points and concepts and to clarify more obscure issues Simplified examples and questions to highlight the main issue A more structured development of Chain of Title problems inherent in recording systems An added discussion of Construction Industry of Sonoma County v. City of Petaluma in the exclusionary zoning section Incorporation of the Department of Justice’s regulations and examples interpreting the Religious Land Use and Institutional Persons Act Expanded guidance on the Wireless Communication Facilities Act Reorganization of the chapter on Takings to emphasize how exceptions build on the Penn Central Transportation Co. v. New York City ad hoc factors Discussion on Muir v. Wisconsin in the Takings analysis (states’ ability to conceptually merge parcels to defeat a Takings claim) Follow-ups on the effect (or lack thereof) of Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection Brief discussion of Marvin M. Brandt Revocable Trust v. United States in easement chapter (whether a railroad abandoning a strip of land held an easement or a fee simple determinable) Clarification and expansion of the discussion of landlord-tenant issues




The Law of Occupation


Book Description

This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I. After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework.




Rethinking the Economics of Land and Housing


Book Description

Why are house prices in many advanced economies rising faster than incomes? Why isn’t land and location taught or seen as important in modern economics? What is the relationship between the financial system and land? In this accessible but provocative guide to the economics of land and housing, the authors reveal how many of the key challenges facing modern economies - including housing crises, financial instability and growing inequalities - are intimately tied to the land economy. Looking at the ways in which discussions of land have been routinely excluded from both housing policy and economic theory, the authors show that in order to tackle these increasingly pressing issues a major rethink by both politicians and economists is required.










U. S. Farmland Ownership, Tenure, and Transfer


Book Description

Farmland tenure shapes many farm decisions, including those related to production, conservation, and succession planning. The relatively advanced age of many farmers raises questions abut land ownership, especially how land will be transferred to the next generation of agricultural landowners and operators. This study provides a descriptive baseline analysis of land ownership and then focuses on more detailed aspects of land tenure, including non-operator landlords, rental agreements, the acquisition and transfer of land, and how decisionmaking is shared by landlords and their tenants. The report is designed to support broad discussions related to agricultural land ownership and to provide a starting point for more detailed statistical analysis. Figures and tables. This is a print on demand report.




Resisting Occupation


Book Description

In Resisting Occupation, international scholars discuss the radical denial of human flourishing caused by the occupation of mind, body, spirit, and land. They explore how religious perspectives can be, and often are, constructed by occupiers to justify their actions, perpetuate exploitation, and domesticate indigenous landholders. In the name of Christianization and civilization, which has proven to be a global phenomenon beyond time and space, a consistent domestication process is established. The colonized are taught to want, to yearn for, and to embrace their occupation, seeing themselves through the eyes of their colonizers. Writing from different spots around the globe, the scholars of this book demonstrate how occupation, a synonym for empire, is manifested within their social context and reveal unity in their struggle for liberation. Recognizing that where there is oppression, there is resistance, the contributors turn to religion. While questioning the logic, rationale, theology, and epistemology of the empire’s religion, they nonetheless seek the liberative response of resistance – at times using the very religion of the occupiers.




Hollow Land: Israel's Architecture of Occupation


Book Description

Acclaimed exploration of the political space created by Israel’s colonial occupation. In this journey from the deep subterranean spaces of the West Bank and Gaza to their militarized airspace, Eyal Weizman unravels Israel’s mechanisms of control and the transformation of the Occupied Territories into an artifice in which all natural and built features function as the instruments of occupation. Weizman identifies the ideas behind this phenomenon and traces their development, from the influence of archaeology on urban planning, Ariel Sharon’s reconceptualization of military defense during the 1973 war, through the planning and architecture of the settlements, to the contemporary Israeli discourse and practice of urban warfare and airborne targeted assassinations. In exploring Israel’s methods to transform the landscape and the built environment themselves into tools of domination and control, Hollow Land lays bare the political system at the heart of this complex and terrifying project of late-modern colonial occupation.