Academic literature on the topic 'Property rights; Land law'

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Journal articles on the topic "Property rights; Land law"

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van der Molen, P. "Property, human rights law and land surveyors." Survey Review 48, no. 346 (January 2, 2016): 51–60. http://dx.doi.org/10.1080/00396265.2015.1097594.

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Shabalin, Andrii. "The history of the development of civil procedural law of Ukraine on judicial protection of the property legal right to land." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 147–55. http://dx.doi.org/10.33731/62020.234066.

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Keywords: civil procedural protection, court, violation of private property rights toland, civil procedure The article is devoted to the study of the historical and legal aspects of the judicial procedure for theprotection of property rights to land in Ukrainian legislation. The author investigates themain stages of legal protection of property legal rights to land, in each historical periodits own characteristics of the aforementioned procedure for the protection of the correspondingproperty right are determined. Considerable attention is paid to the issues ofthe peculiarities of legal regulation and judicial procedure for the protection of propertylegal rights to land. In this scientific article, the author pays considerable attention to thedevelopment of judicial protection of legal property rights to land in the historical periodof the emergence of the independent state of Ukraine (1917−1918 yy). The author of thearticle writes that during this period the legal right to land received significant development:the land plot could be inherited, the right to rent the land could also be inherited.The procedure for the judicial protection of the legal right to land had no legal peculiarities.The author describes that during the Soviet period of Ukraine's existence, there was no legal property right to land. Only the state could have legal property rights to land.This means that the courts did not protect the private property legal right to land. Onlywhen Ukraine became an independent state did a private property legal right to landemerge. During this historical period, a significant number of legal instruments for theprotection of proprietary legal rights to land appeared in the legislation of independentUkraine. The property legal right to land was protected by the court. It is the judicialprotection of the property legal right to land that is democratic and meets the Europeandemocratic standards for the protection of property rights. The modern features of thegenesis of legal protection of property legal rights to land, which are protected by thecourt in the civil procedure of Ukraine, have been investigated. The author has createdand described new stages in the development of civil procedural protection of legal propertyrights to land.
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Alexandru, Dana Georgeta. "LAND AND PROPERTY RIGHTS WITHIN THE URBANISM LAW." Agora International Journal of Juridical Sciences 10, no. 2 (January 30, 2017): 1–11. http://dx.doi.org/10.15837/aijjs.v10i2.2837.

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The study intends to highlight the functions of property rights in relation to the characteristics of urbanism law. The analyse aims to identify the role of public authorities in the production process of planning public policies, under current regulations in force in Romania. Moreover, while the legislation led to confer a social function of property rights, this conception of property rights comes up against the revival of private property, which is likely to complicate the implementation of public planning policies. The social function of the property law, however, could reach its limits in the coming years. Indeed, the jurisprudence appears to give a boost to the individualistic dimension of ownership complicating the achievement of public planning policies.
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Bright, Susan, and Ben McFarlane. "PROPRIETARY ESTOPPEL AND PROPERTY RIGHTS." Cambridge Law Journal 64, no. 2 (July 7, 2005): 449–80. http://dx.doi.org/10.1017/s0008197305006926.

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THIS article focuses on a particular aspect of the operation of proprietary estoppel: it asks when a proprietary estoppel claim will give rise to a property right. The inquiry proceeds on the linked assumptions that proprietary estoppel is a means of acquiring rights and that rights thereby arising take effect immediately, without the need for any court order. Like any other means of acquiring rights, proprietary estoppel can give rise either to personal rights or to property rights: in some cases the estoppel claimant is acknowledged to have a personal right (e.g. to damages or a licence to use land); in others a property right (e.g. a lien; an easement; a lease; or a freehold). The central argument of this article is that proprietary estoppel should give rise to a property right only if that is necessary to protect the claimant’s reasonable reliance. Where a personal right gives sufficient protection that will have to do, whatever the claimant may have been promised or expected; this may well mean that the circumstances in which a property right arises are more narrow than has been thought.
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Sukhanov, Evgeniy. "Problems of Property Law in Modern Russian Law." Journal of Russian Law 4, no. 4 (April 11, 2016): 0. http://dx.doi.org/10.12737/18685.

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The article analyzes the progress and further prospects of development of the Russian civil legislation in terms of actual and appropriate improvement of the proprietary legal regulation. The author notes the historical prerequisites of and, substantiates the possible areas for, development of the Russian civil law in terms of traditions of the European private law which originates from the Roman law and the law of pandects; in this connection, the author substantiates the necessity for systemic development of the legislative regulation of limited proprietary rights. In line with the existing specific features of legal regulation of proprietary relations in the Russian law, the author considers advantages of regulation of rights to land plots, which are in the public domain, by means of forms and types of limited proprietary rights; in this connection, the author demonstrates inefficiency of extending mechanisms of law of obligations only, mainly the models of lease contracts, on land relations. The author analyzes differences between legal regulation of homogeneous relations within the civil legislation and the land legislation as a temporary phenomenon and a feature of the transitional stage in the development of the Russian civil legislation.
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Tsabora, James. "Reflections on the Constitutional Regulation of Property and Land Rights under the 2013 Zimbabwean Constitution." Journal of African Law 60, no. 2 (March 15, 2016): 213–29. http://dx.doi.org/10.1017/s002185531600005x.

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AbstractProperty rights discourse, particularly the scope, nature, distribution, redistribution, recognition and protection of property rights, has dominated debate in African post-colonial property rights systems. In Zimbabwe, property rights law has been a contested space since the colonial era. That the property rights system is a contested arena is particularly so in view of the fact that colonial subjugation in Zimbabwe was characterized, in a very important way, by politically motivated land dispossession and, consequently, inequitable property rights distribution patterns. As a result, Zimbabwe's property rights law has always responded to mainstream, albeit fluid, political and economic undercurrents. This has meant that mainstream historical and contemporary debates have provided the context for understanding the constitutional regulation of property and land rights in Zimbabwe. This article assesses the constitutional regulation of constitutional property and land rights in Zimbabwe, and the conflicts and tension that are accommodated in the constitutional property rights framework.
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Unruh, Jon D., and Musa Adam Abdul-Jalil. "Housing, Land and Property Rights in Transitional Justice." International Journal of Transitional Justice 15, no. 1 (March 1, 2021): 1–6. http://dx.doi.org/10.1093/ijtj/ijab004.

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Yunimar, Yunimar. "Implementation Of Development And Registration And Elimination Acceptances Of Rights Based On Law Number 4 Year 1996 Regarding Rights Of Responsibility." Jurnal Ilmiah Langue and Parole 1, no. 1 (June 23, 2017): 228–37. http://dx.doi.org/10.36057/jilp.v1i1.24.

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Mortgage right are the security rights imposed on land rights. On April 9, 1996, Law Number 4 of 1996 was enacted on the Land and Property Rights related to the land, or more briefly referred to as UUHT (Law on Mortgage Rights). UUHT seeks to provide legal certainty and protection to all parties in utilizing the land as an object of Mortgage Rights.
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Banner, Stuart. "Why Terra Nullius? Anthropology and Property Law in Early Australia." Law and History Review 23, no. 1 (2005): 95–131. http://dx.doi.org/10.1017/s0738248000000067.

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The British treated Australia as terra nullius—as unowned land. Under British colonial law, aboriginal Australians had no property rights in the land, and colonization accordingly vested ownership of the entire continent in the British government. The doctrine of terra nullius remained the law in Australia throughout the colonial period, and indeed right up to 1992.
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Nyarko, Michael Gyan. "The Right to Property and Compulsory Land Acquisition in Ghana: A Human Rights Perspective." African Journal of International and Comparative Law 27, no. 1 (February 2019): 100–125. http://dx.doi.org/10.3366/ajicl.2019.0261.

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Using a human rights-based approach and Ghana as a case study, this article examines the scope and content of the right to property in relation to compulsory land acquisition under international law. It argues that while the exact frontiers of the right to property remain quite uncharted at the global level the vacuum has been filled by the regional human rights systems and soft law. In the context of Ghana, the Constitutional protection of the right to property and quite elaborate rules to be followed during compulsory acquisition have not translated into revision of the compulsory acquisition laws, which remain largely incoherent and inconsistent with the requirements of the Constitution and international human rights law.
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Dissertations / Theses on the topic "Property rights; Land law"

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O'Connor, Pamela Anne. "Security of property rights and land title registration systems." Monash University, Faculty of Law, 2003. http://arrow.monash.edu.au/hdl/1959.1/7726.

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Toha, Kurnia. "The struggle over land rights : a study of indigenous property rights in Indonesia /." Thesis, Connect to this title online; UW restricted, 2007. http://hdl.handle.net/1773/9627.

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Harun, Azmi. "Land acquisition : a comparative study of English and Malaysian law." Thesis, University of Reading, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.360715.

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Howe, Helena Rebecca. "Developing constraints on property rights in the community interest : concepts of ownership and the limitation of property rights in land and copyright law." Thesis, Queen Mary, University of London, 2010. http://qmro.qmul.ac.uk/xmlui/handle/123456789/538.

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There is a dominant ideology of property in land law, the ‘liberal model’, in which the rights of the property owner are perceived as being absolute. However, there is an alternative model, the ‘stewardship model’, in which property rights are intrinsically limited by obligations to the community. The community can be understood as having certain claims in respect of privately-owned land. The accommodation of these ‘community claims’ necessitates the imposition of constraints on the rights of the property owner. Whichever model of property is dominant will have a significant impact on the development of constraints on property rights that can accommodate the community claims effectively. Whilst Locke’s theory of property has traditionally been used to support the liberal model, a more holistic reading of this theory indicates a closer resemblance to the stewardship model. As such, its use to support the liberal model should be re-considered. Although various constraints on property in land do exist, the influence of the liberal model has meant that many of these constraints have failed to develop into tools which could accommodate the community claims effectively. In the context of copyright law the community has claims to access and use copyright works that are analogous to the community claims in the context of land. Copyright law has long been influenced by the law of property in land. It is currently being influenced strongly by the liberal model, which is undermining the development of limitations on the rights of the copyright owner which would be necessary to accommodate these community claims. It is suggested that the liberal model is, to some extent, being replaced by the stewardship model as the dominant ideology of property in land. The stewardship model provides a more sympathetic environment for the development of constraints on property rights that could accommodate the community claims effectively. If copyright law adopted the stewardship model as the dominant ideology of property, in place of the liberal model, this would facilitate the development of limitations in copyright law.
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Kaunda, Moses. "Land policy in Zambia : evolution, critique and prognosis." Thesis, University of Cambridge, 1993. https://www.repository.cam.ac.uk/handle/1810/251635.

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Musole, Maliti. "Land policy and the urban land market in Zambia : property rights, transaction costs, and institutional change." Thesis, University of Glasgow, 2007. http://theses.gla.ac.uk/4951/.

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This study examines, comparatively, the effects of Zambia's post-colonial (1975 and 1995) land policy reforms on the urban land market transactions. It focuses on land delivery, land transfer and exchange, and land valuation and pricing. The central thesis of the study is that land policy reforms matter even for the urban land market. Proceeding from this premise, the study conceptualises the effects of land policy on the land market as one set of institutions (namely, land policy reforms) modifying or radically restructuring (and, hence, impacting on) the other set of institutions (viz. property rights and the land market generally). Grounded in the new institutional economics approach, the conceptual framework focuses on property rights, transaction costs and institutional change. The philosophical framework is post-positivist. Methodologically, the research design is largely qualitative and employs a multiple data collection and analysis strategy. Central to this methodological approach are the concepts of critical multiplism and triangulation. The overall research findings suggest, overwhelmingly, that land policy reforms matter to urban land market transactions. More specifically, the study finds that, in so far as land delivery is concerned, both the 1975 and 1995 reforms had a similar detrimental impact. However, their effects differed markedly in specific areas with regard to land transfer and exchange, on the one hand, and land valuation and pricing, on the other. In patticular, the latter reforms were less pernicious than the former. Consequently, the study recommends land policy reforms that minimise the policy-generated detrimental effects identified in the land market operations. The effects in question naturally revolve around property rights and transaction costs.
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Maxwell, Douglas. "Rights to property, rights to buy, and land law reform : applying Article 1 of the First Protocol to the European Convention on Human Rights." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/285096.

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This dissertation examines the application and effect of Article 1 of the First Protocol to the ECHR in relation to Scots land law reform. Chapter one will reflect on why existing rights to property have come to be challenged. Chapter two sets out the human rights paradigm and scrutinises what rights and whose rights are engaged. Chapter three traces the development of A1P1. Chapter four applies the human rights paradigm to contemporary reforms. Chapter five considers the broader effect A1P1 has had on domestic property law. This dissertation submits that the problem to be overcome is that, in many instances, Scots land law reform has been reduced into a simplistic struggle. A1P1 has been held up as either a citadel protecting landowners or as an ineffective and unjustified right to be ignored. At the core of this debate are competing claims between liberal individualist rights to property and socially democratic, egalitarian goals. This dissertation argues that it is important to move beyond this binary debate. This is not about finding some mysterious "red card" or eureka moment that conclusively shows compatibility or incompatibility. Instead, compatibility will be determined by following a rule-based approach that values rational decision-making and the best available evidence, as well as the importance of democratic institutions. As such, it will be illustrated how future challenges are likely to focus not on the underlying purpose of land law reform but on the macro or micro granularity of Ministerial discretion. In coming to this conclusion, it will be argued that A1P1 has a pervasive influence on the entire workings of all public bodies and, like a dye, permeates the legislative process.
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Grattan, Donald Scott Law Faculty of Law UNSW. "The logos of land: economic and proprietarian conceptions of statutory access rights." Awarded by:University of New South Wales. Law, 2006. http://handle.unsw.edu.au/1959.4/24368.

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Legislation in various jurisdictions alters the common law right to control access to one???s land by allowing the imposition of rights of access in favour of one landowner over the land of another. The relevant legislation can be divided into two categories. The first-generation legislation (s 88K, Conveyancing Act 1919 (NSW) and s 180, Property Law Act 1974 (Qld)) permits the creation of easements over servient land to facilitate the development of dominant land. The second-generation legislation (the Access to Neighbouring Land Act of New South Wales, Tasmania and the United Kingdom) permits the creation of temporary rights of access over servient land to facilitate work on dominant land. This thesis examines the extent to which this change in the law can be justified by three modes of ethical discourse: right-based, duty-based, and goal-based reasoning. An examination of the first-generation legislation and the cases in which it has been applied suggests that a form of goal-based reasoning can be used to justify its enactment. The legislation is needed to facilitate the efficient use of land where the existence of a bilateral monopoly and the possibility of strategic bargaining puts at risk the conclusion of a mutually beneficial agreement regarding access. A review of the second-generation legislation and the law reform reports and parliamentary debate that preceded its enactment indicates that the legislation can be justified by a form of duty-based reasoning. The legislation is needed to bring about a proper social ordering by imposing access rights where this would be consistent with the ideal of good neighbourliness. The thesis concludes that although these goal-based and duty-based discourses make an arguable case for the enactment of both generations of the legislation, neither of them, in an unadulterated form, provides a conclusive justification. Rather, an eclectic approach that draws on both discourses is required. It proposes that the legislation???s compensation provisions be amended to reflect the commingling of the ideas of efficiency, a properly ordered society and intensive land use, and to allow the servient owner to share in the benefits generated by the imposition of access.
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Davis, C. J. "The effects of estoppel, waiver and the doctrine of benefit and burden on property interests in land." Thesis, University of Nottingham, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.380963.

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Pappa, Marianthi. "The unbalanced protection of private rights in land and maritime delimitation : the necessity of an equilibrium." Thesis, University of Aberdeen, 2018. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=237933.

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Books on the topic "Property rights; Land law"

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Institute, Pennsylvania Bar. Property wars: Land development and property rights litigation. [Mechanicsburg, Pa.]: Pennsylvania Bar Institute, 2012.

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Barrie, Needham, ed. Planning by law and property rights reconsidered. Surrey, UK, England: Ashgate, 2011.

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Mwagiru, Makumi. Women's land and property rights in conflict situations. Nairobi: Centre for Conflict Research, 1998.

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Sachetana Information Centre (Calcutta, India), ed. Women, land, and law: Dispute resolution at the village level. Calcutta: Sachetana Information Centre, 2000.

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Where there is no government: Enforcing property rights in common law Africa. Oxford: Oxford University Press, 2011.

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Law of property rights protection: Limitations on governmental powers. Gaithersburg [Md.]: Aspen Law & Business, 1998.

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Property and politics in Sabah, Malaysia: Native struggles over land rights. Seattle: University of Washington Press, 2005.

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Property matters: How property rights are under assault--and why you should care. New York: Free Press, 1997.

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Burma. Housing, land, and property rights in Burma: The current legal framework. Geneva, Switzerland: Displacement solutions, 2009.

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Property rights and the Constitution: Shaping society through land use regulation. Albany: State University of New York Press, 1993.

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Book chapters on the topic "Property rights; Land law"

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Kelly, Rebecca, and Emma Hatfield. "Property rights in land." In Land Law, 5–40. New York, NY: Routledge, 2017.: Routledge, 2017. http://dx.doi.org/10.4324/9781315813738-2.

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Cowan, David, Lorna Fox O’Mahony, and Neil Cobb. "Human Rights and Property Law." In Great Debates in Land Law, 152–74. London: Macmillan Education UK, 2016. http://dx.doi.org/10.1007/978-1-137-48166-5_8.

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Chambers, Falcon. "Transport land rights." In The Electronic Communications Code and Property Law, 362–71. Abingdon, Oxon ; New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.1201/9781351007283-26.

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Hawkins, W. Thomas. "Florida law protections for property rights." In Land Use Law in Florida, 207–20. Milton Park, Abingdon, Oxon; New York, NY: Routledge 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9781003108603-20.

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McFarlane, Ben, Nicholas Hopkins, and Sarah Nield. "3. Personal Rights and Property Rights." In Land Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198735328.003.0003.

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This chapter examines property rights in land and personal rights that may allow a party to make a particular use of land. It first considers the distinction between personal rights and property rights before addressing the content question: whether the type of right claimed by a party counts as a property right. To answer that question, a distinction is made between different types of property right. The most important distinction is between legal property rights, on the one hand, and equitable property rights, on the other. The chapter also discusses licences to use land and contrasts their operation and effect with those of property rights in land. It highlights the nature of licences and the controversy over contractual and estoppel licences and concludes with an analysis of the relationship between the law of leases and of licence.
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McFarlane, Ben, Nicholas Hopkins, and Sarah Nield. "3. Personal Rights and Property Rights." In Land Law, 61–92. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198831877.003.0003.

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This chapter examines property rights in land and personal rights that may allow a party to make a particular use of land. It first considers the distinction between personal rights and property rights before addressing the content question: whether the type of right claimed by a party counts as a property right. To answer that question, a distinction is made between different types of property right. The most important distinction is between legal property rights, on the one hand, and equitable property rights, on the other. The chapter also discusses licences to use land and contrasts their operation and effect with those of property rights in land. It highlights the nature of licences and the controversy over contractual and estoppel licences and concludes with an analysis of the relationship between the law of leases and of licence.
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Cooke, Elizabeth. "Property Rights in Land." In Land Law, 15–38. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198854067.003.0002.

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This chapter introduces the origins of land law in the feudal system and the concepts of tenure and estate. It considers freehold, leasehold, and commonhold ownership and explains the beginnings of law and equity and the distinction between law and equity. The chapter also introduces the trust and its development as a way of organizing entitlement to land. Non-ownership rights are explained, and the pre-1925 rules of enforceability of legal and equitable property rights are described in preparation for the next chapter.
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Cooke, Elizabeth. "2. Property Rights in Land." In Land Law, 15–38. Oxford University Press, 2012. http://dx.doi.org/10.1093/he/9780199653232.003.0002.

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Dale, Peter, and John McLaughlin. "Formalizing Property Rights." In Land Administration. Oxford University Press, 2000. http://dx.doi.org/10.1093/oso/9780198233909.003.0007.

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Property systems may be formal or informal. Formal property systems are those where the interests are explicitly acknowledged and protected by the law. This is the case for the vast majority of property rights in developed countries. Informal property interests are those that are recognized by the local, informal community but which are not formally acknowledged by the state. They exist in most developing countries outside the legal system and are often the result of inadequate legislation, or excessive and inefficient bureaucracies. Many legal systems, such as those based on the French Napoleonic code, have been established ‘top down’ with a framework of law imposed by legislators. The common law systems on the other hand are based on a ‘bottom-up’ approach in which the customs and practices of the people eventually become written down and accepted within a statutory framework. Historically, common law systems grew out of informal systems and, through the body of case law that developed, gradually became accepted across the whole of the jurisdiction. ‘Top-down’ legal systems are essentially negative in that actions may not be undertaken unless they are permitted by the law; ‘bottom-up’ systems generally work on the basis that anything is permitted unless explicitly forbidden by the law. In many of the central and eastern European countries, land reform has been delayed because there were decisions that could not be taken because there was no law that permitted them. Rather than move on with the processes, laws had to be drafted and agreed specifying that such actions were permissible. As an example, work could not be contracted out to the private sector because the law did not say that this was permissible; there was however no statement that such action was forbidden. Informal systems of tenure provide no state security but can, in practice, be sufficiently robust for the people in the areas concerned to invest in housing and development; an estimated three-quarters of Greater Cairo, for example, is said to have been developed without formal approvals.
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Cooke, Elizabeth. "Appurtenant Rights." In Land Law, 209–42. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198854067.003.0008.

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This chapter provides an exposition of the law relating to easements, profits à prendre, and restrictive covenants. It describes the nature of an easement and how easements are created, including implication and prescription. The chapter then explores the ways in which easements can be brought to an end. It discusses the creation and characteristics of positive and restrictive covenants and the complex rules relating to their enforceability. It explores how covenants can be brought to an end, and the possibility of discharge or modification provided by section 84 of the Law of Property Act 1925. Finally, the chapter looks at the Law Commission’s proposals for the reform of these areas of the law.
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Conference papers on the topic "Property rights; Land law"

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JEONG, Kuk Won. "The Issues and Tasks of the Guarantee of the Property Rights in the Korean Constitution - Especially, Centered on the Land Property Right-." In International Conference on Law, Economics and Health (ICLEH 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200513.124.

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Irish, V. "Intellectual property rights." In IEE Colloquium on `Principles of Law for Engineers and Managers'. IEE, 1996. http://dx.doi.org/10.1049/ic:19961420.

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Suyunova, Z. M. "Doctrinal interpretation of property rights in civil law." In Scientific Trends: Law. ЦНК МОАН, 2020. http://dx.doi.org/10.18411/spc-20-05-2020-05.

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Rozenfelds, Janis. "Property Rights Applicable to Immovable Property." In The 7th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia, 2020. http://dx.doi.org/10.22364/iscflul.7.2.32.

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Janković, Dijana. "DIFFERENT LEGAL ASPECTS OF THE INTELLECTUAL PROPERTY RIGHTS." In PROCEDURAL ASPECTS OF EU LAW. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2017. http://dx.doi.org/10.25234/eclic/6526.

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Seleznev, A. B. "Ways to protect property rights and other property rights related to other civil law institutions." In SCIENCE OF RUSSIA: GOALS AND OBJECTIVES. L-Journal, 2020. http://dx.doi.org/10.18411/sr-10-12-2020-19.

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The article discusses ways to protect property rights and other property rights associated with other civil law institutions. The practice of law enforcement in the field of protection of property rights and other property rights faces unresolved issues, while the effectiveness of law enforcement directly depends on a uniform understanding and application of the law. The increase in the number of legal disputes related to the protection of property rights makes it important for the law enforcement officer to address issues that need theoretical understanding.
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Davis, D. "Intellectual property rights: practical issues." In IET Seminar on Railway Law for Engineers: How Legislation, Liability and Legal Issues Affect You. IEE, 2008. http://dx.doi.org/10.1049/ic:20080599.

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Prasetyadji, Kuncoroadi, Witri Aulia Maudy, and Supandi. "Defense Economics Viewpoint of Intellectual Property Rights." In International Conference on Law, Economics and Health (ICLEH 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200513.030.

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Li, Yi, and Zhu Xihua. "Short Analysis of the stakeholders’ benefit and satisfaction about Rural Land Share Cooperatives of the Southern Jiangsu Province." In 55th ISOCARP World Planning Congress, Beyond Metropolis, Jakarta-Bogor, Indonesia. ISOCARP, 2019. http://dx.doi.org/10.47472/ztfm2175.

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The agricultural land around Shanghai is famous for its huge population and intensive cultivation. With the expansion of the metropolis, a large number of agricultural people have entered the city to work, and rural land has been abandoned1,2. In 2009, Kunshan City implemented a land transfer system, and 99% of the cultivated land was packaged for large scale farmers, and initially realized large‐scale operation3 . However, the large‐scale business model has gradually experienced problems such as predatory management, ecological destruction, and no sense of social responsibility. Through the establishment of agricultural land share cooperatives, Changyun Village took the lead in realizing the collective management of agricultural land, taking shares in the land, giving priority to paying dividends to the land, and paying wages to the farmers working in the cooperative. The peasants' enthusiasm for entering the city has become an important buffer for the migrants to work in Shanghai and surrounding village.It has increased the employment rate. At the same time, it has supplied green agricultural products to the city, passed on agricultural technology, and activated local communities. This article intends to analyse the correlation between several village share cooperative models based on Changyun Village and the large family farm contracting model of more than ten villages, and the satisfaction of villagers, combined with property rights theory, scale economy theory, and accounting cooperatives. Cost‐benefit, evaluate the effect of “long cloud-style” collectivization on revitalizing the surrounding villages of metropolises and assess the satisfaction of governments at all levels. Through field interviews and questionnaire surveys, the correlation analysis of village cadres and villagers' satisfaction was conducted. The government is optimistic about the role of the "long cloud model" in grassroots management and improvement of people's livelihood. Even if public finances are required to invest a large amount of money, it is necessary to strengthen the medical and social security of the villagers. The government is also quite satisfied with the Changyun model. At present, the economic benefits of the stock cooperatives have steadily increased. Although the growth rate is not large, the villagers have a strong sense of well‐being, and the village's ecological environment has been improved. In the future, the cost of the village will be reduced after the large scale operation, and the overall economic benefits will be improved. The future research direction will be how to solve the specific problems that plague the cooperative's production and operation, such as low rice prices and lack of high value added finishing facilities to continue to activate the surrounding areas of the metropolis and improve the satisfaction of the government and villagers.
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Попанова, Аниса Асламбековна. "PROPERTY RIGHTS OF SPOUSES AS OBJECTS OF FAMILY LAW." In Сборник избранных статей по материалам научных конференций ГНИИ "Нацразвитие" (Санкт-Петербург, Май 2021). Crossref, 2021. http://dx.doi.org/10.37539/may191.2021.67.10.013.

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Статья посвящена анализу такой правовой категории российского семейного права, как имущественные отношения супругов. Рассматривая указанную семейно-правовую категорию, автор приходит к выводу, что исследуемый вопрос достаточно актуален и требует дополнительных правовых исследований. The article is devoted to the analysis of such a legal category of Russian family law as property relations of spouses. Considering the specified family-legal category, the author comes to the conclusion that the issue under study is quite relevant and requires additional legal research.
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Reports on the topic "Property rights; Land law"

1

Ferreiro, Maria de Fátima. Land and Law: Reciprocal Rights and Duties in Private Property. DINÂMIA'CET-IUL, 2006. http://dx.doi.org/10.7749/dinamiacet-iul.wp.2006.55.

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2

Ashley, Caitlyn, Elizabeth Spencer Berthiaume, Philip Berzin, Rikki Blassingame, Stephanie Bradley Fryer, John Cox, E. Samuel Crecelius, et al. Law and Policy Resource Guide: A Survey of Eminent Domain Law in Texas and the Nation. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, 2017. http://dx.doi.org/10.37419/eenrs.eminentdomainguide.

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Eminent Domain is the power of the government or quasi-government entities to take private or public property interests through condemnation. Eminent Domain has been a significant issue since 1879 when, in the case of Boom Company v. Patterson, the Supreme Court first acknowledged that the power of eminent domain may be delegated by state legislatures to agencies and non-governmental entities. Thus, the era of legal takings began. Though an important legal dispute then, more recently eminent domain has blossomed into an enduring contentious social and political problem throughout the United States. The Fifth Amendment to the United States Constitution states, “nor shall private property be taken for public use, without just compensation.” Thus, in the wake of the now infamous decision in Kelo v. City of New London, where the Court upheld the taking of private property for purely economic benefit as a “public use,” the requirement of “just compensation” stands as the primary defender of constitutionally protected liberty under the federal constitution. In response to Kelo, many state legislatures passed a variety of eminent domain reforms specifically tailoring what qualifies as a public use and how just compensation should be calculated. Texas landowners recognize that the state’s population is growing at a rapid pace. There is an increasing need for more land and resources such as energy and transportation. But, private property rights are equally important, especially in Texas, and must be protected as well. Eminent domain and the condemnation process is not a willing buyer and willing seller transition; it is a legally forced sale. Therefore, it is necessary to consider further improvements to the laws that govern the use of eminent domain so Texas landowners can have more assurance that this process is fair and respectful of their private property rights when they are forced to relinquish their land. This report compiles statutes and information from the other forty-nine states to illustrate how they address key eminent domain issues. Further, this report endeavors to provide a neutral third voice in Texas to strike a more appropriate balance between individual’s property rights and the need for increased economic development. This report breaks down eminent domain into seven major topics that, in addition to Texas, seemed to be similar in many of the other states. These categories are: (1) Awarding of Attorneys’ Fee; (2) Compensation and Valuation; (3) Procedure Prior to Suit; (4) Condemnation Procedure; (5) What Cannot be Condemned; (6) Public Use & Authority to Condemn; and (7) Abandonment. In analyzing these seven categories, this report does not seek to advance a particular interest but only to provide information on how Texas law differs from other states. This report lays out trends seen across other states that are either similar or dissimilar to Texas, and additionally, discusses interesting and unique laws employed by other states that may be of interest to Texas policy makers. Our research found three dominant categories which tend to be major issues across the country: (1) the awarding of attorneys’ fees; (2) the valuation and measurement of just compensation; and (3) procedure prior to suit.
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3

Levine, Ross. Law, Endowments, and Property Rights. Cambridge, MA: National Bureau of Economic Research, August 2005. http://dx.doi.org/10.3386/w11502.

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4

Dippel, Christian, Dustin Frye, and Bryan Leonard. Property Rights without Transfer Rights: A Study of Indian Land Allotment. Cambridge, MA: National Bureau of Economic Research, July 2020. http://dx.doi.org/10.3386/w27479.

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Alston, Lee, and Bernardo Mueller. Property Rights, Land Conflict and Tenancy in Brazil. Cambridge, MA: National Bureau of Economic Research, March 2010. http://dx.doi.org/10.3386/w15771.

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Chari, A. V., Elaine Liu, Shing-Yi Wang, and Yongxiang Wang. Property Rights, Land Misallocation and Agricultural Efficiency in China. Cambridge, MA: National Bureau of Economic Research, December 2017. http://dx.doi.org/10.3386/w24099.

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Libecap, Gary. Property Rights to Frontier Land and Minerals: US Exceptionalism. Cambridge, MA: National Bureau of Economic Research, April 2018. http://dx.doi.org/10.3386/w24544.

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Alston, Lee, Gary Libecap, and Robert Schneider. The Determinants and Impact of Property Rights: Land Titles on the Brazilian Frontier. Cambridge, MA: National Bureau of Economic Research, January 1996. http://dx.doi.org/10.3386/w5405.

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Payne, Geoffrey, James Mitchell, Luke Kozumbo, Clive English, and Richard Baldwin. Legitimate land tenure and property rights: fostering compliance and development outcomes. Rapid evidence assessment. Evidence on Demand, December 2015. http://dx.doi.org/10.12774/eod_cr.september2015.paynegetal.

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Alston, Lee, Edwyna Harris, and Bernardo Mueller. De Facto and De Jure Property Rights: Land Settlement and Land Conflict on the Australian, Brazilian and U.S. Frontiers. Cambridge, MA: National Bureau of Economic Research, September 2009. http://dx.doi.org/10.3386/w15264.

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