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This open access book presents a legal geography of property rights in land through the lenses of landscape and critical spatial justice. It seeks to reassert the importance of landscape and place in property as an alternative to abstract concepts of property which dominate contemporary thinking. It investigates property's origins and uptake in the common law through the lenses of landscape and spatial justice, providing a genealogy of property, from its early origins in pre-feudal Scandinavia to its development as a cornerstone concept in English common law. It offers a new perspective and analytical tools to reconsider many accepted approaches to land in the law today. This book also contributes both to the decolonization of property law and critiques of property's unsustainability, as well as the examination of the role of law itself in facilitating large scale land changes that destroy place, and the ramifications of this process. As such, it should be of interest to inter-disciplinary scholars working in the socio-legal, environmental and property law fields

This monograph is concerned with two foundational principles of English property law: the principle of relativity of title and the principle that possession is a source of title. It is impossible to understand the relationship between possession and ownership in English law unless one has a sound understanding of these principles. Yet the principles have been interpreted in different ways by judges, practitioners, and academics. The volume seeks to illuminate this area of law by addressing four questions. What is possession? What is the nature of the title acquired through possession? What are the grounds of relativity of title? And, what is the relationship between relativity of title and ownership? Drawing on the analysis of the law concerning relativity of title and the acquisition of proprietary interests through possession, the author also implies that the architecture of land law and the law of personal property have many similarities.

This book addresses challenges that new technologies and the big data revolution pose to existing regulatory and legal frameworks. The volume discusses issues such as blockchain and its implications for property transactions and taxes, three (or four) dimensional title registration, land use and urban planning in the age of big data, and the future of property rights in light of these changes. The book brings together an interdisciplinary collection of chapters that revolve around the potential influence of disruptive technologies on existing legal norms and the future development of real estate markets. The book is divided into five parts. Part I presents a survey of the current available research on blockchain and real estate. Part II provides a background on property law for the volume, grounding it in fundamental theory. Part III discusses the changing landscapes of property rights while Part IV debates the potential effects of blockchain on land registration. Finally the book concludes with Part V, which is devoted to new technological applications relevant to real estate. Providing an interdisciplinary perspective on emerging technologies that have the potential to disrupt the real estate industry and the regulation of it, this book will appeal to a broad audience, consisting of scholars, policy-makers, practitioners, and students, interested in real estate, law, economics, blockchain, and technology policy.

Property Law in a Globalizing World identifies the paramount challenges that contemporary processes of globalization pose for the study and practice of property law. It offers a straightforward analysis of legal scenarios implicating cross-border property rights, covering a broad range of resources, from land, goods, and intangible financial assets to intellectual property, data, and digital assets. This is the first scholarly book offering a detailed study of legal strategies that can decrease the gap between the domestic tenets of property law and the cross-border nature of markets, interpersonal networks, and technology. It shows how strategies of soft law, conflict of laws, approximation, and supranationalism rely to various degrees on cross-border property norms and institutions, and studies the proprietary features of security interests and priorities to assets in insolvency in a global setting. It also shows how digital technology such as blockchain can revolutionize the system of cross-border property rights.

So verkaufen Sie Ihre Immobilien zum Höchstpreis! Die 2. aktualisierte Auflage begleitet Sie durch den gesamten Prozess von der Vorbereitung und Zusammenstellung der notwendigen Unterlagen über die Präsentation der angebotenen Immobilie bis zum erfolgreichen Vertragsabschluss. Wie finden Sie einen vertrauenswürdigen Makler? Was taugen die neuen Onlineportale für den Immobilienverkauf? Auch rechtliche, steuerliche und finanzielle Fragen, wie zum Beispiel der Verkaufserlös zu versteuern ist, werden beantwortet. Der Ratgeber berücksichtigt dabei sowohl die großen Entwicklungen auf dem Immobilienmarkt als auch kleine Spezialthemen wie den Verkauf gegen Leibrente oder das Wohnungsrecht.

The transfer of land presupposes the existence of highly abstract legal structures. A comparative analysis of the presentations given during an international conference in Bonn points to the essential differences between the different systems. Specialists in this subject can be legal experts, but this is not the case everywhere. Alt-hough registers of land and property have existed since ancient times, they have not been implemented eve-rywhere either. Even the expectations of such registers differ from country to country: in Austria they are valued as a means of comprehensive state control and legal guarantees, while in England they are seen as a way of preventing state interference. As a result of such cultural differences, even access to these registers is completely different: surprisingly, for example, Estonia offers comprehensive access to such registers via the internet, which means that everyone can have access to the financial circumstances of others. The overview provided by this book of such specifications in different countries, most of which are European, reveals how little uniformity there is in this respect, even at its roots. What prevail are mostly old, heterogeneous traditions that have never been disputed, which has resulted in an abundance of functioning models. With contributions by Mathias Schmoeckel, Managing Director of the Rhenish Institute for Notary Law | Vincent Nossek, Rhenish Institute for Notary Law, University of Bonn | Dirk Heirbaut, Institute of Legal History, University of Ghent | Peter Sparkes, Professor for Property Law, University of Southampton | Mark Jordan, University of Southampton | Arzu Oguz, Department of Comparative Law, University of Ankara | Gerald Kohl, Institute of Legal and Constitutional History, University of Vienna | Laurent Pfister, Institute of Legal History, Panthéon-Assas University Paris | Heikki Pihlajamäki, Institute for Comparative Legal History, University of Helsinki | Marju Luts-Sootak, Institute for Comparative Legal History, University of Tartu | Priit Kama, Ministry of Justice, Tallinn | Federico Roggero Institute of Medieval and Modern Legal History, University of Teramo

De Coulanges original study provided a historical view of how land has become property which was then translated and published in 1891 by M. Ashley, not just to bring this study to an English reader but to provide a counter argument to Agrarian Communism. This edition also contains an introductory chapter on the origin of the manor house in England. This title will be of interest to students of History.

It is difficult to overstate the everyday importance of home in law. Home provides the backdrop for our lives, and is often the scene or the subject of legal disputes. In addition, in recent decades there has been growing academic interest in the meaning of home, which has prompted empirical studies and theoretical exploration in a wide range of disciplines. Yet, while the authenticity of home as a social, psychological, cultural and emotional phenomenon has been recognised in other disciplines, it has not penetrated the legal domain, where the proposition that home can encapsulate meanings beyond the physical structure of the house, or the capital value it represents, continues to present conceptual difficulties. This book focuses on the competing interests of creditors who lend money against the security of the property and the occupiers who dwell in the property, in the context of possession actions. By mapping the concept of home as it has evolved in other disciplines against existing legal frameworks, Conceptualising Home examines the possibilities for developing a coherent concept of home in law.

The first book to examine the critical area of land law from a feminist perspective, it provides an original and critical analysis of the gendered intersection between law and land; ranging land use and ownership in England and Wales to Botswana, Papua New Guinea and the Muslim world.The authors draw upon the diverse disciplinary fields of law, anthropology and geography to open up perspectives that go beyond the usually narrow topography and cartography of land law. Addressing an unorthodox variety of sites where questions of women's access and rights to land are raised, this book includes chapters on: shopping malls ancient monuments nature reserves housing estates the family home. An interdisciplinary and enlivening account of feminist perspectives on land law, it is an excellent addition to the bookshelves of students and researchers in legal studies, gender studies, social anthropology and social geography.