Home  About us  Contact
 

Land Law (land + law)

Distribution by Scientific Domains
Law and Criminology75%

Selected Abstracts

The Origins and Influence of Land Property Rights in Vietnam

DEVELOPMENT POLICY REVIEW, Issue 3 2008
Denise Hare
Vietnam's 1993 Land Law was intended not only to increase the security of farmers'usage rights to their land, but also to facilitate land transfers. Despite potential benefits, the actual issuance of land-use rights certificates to farmers (as specified by the law) proceeded rather slowly in some regions. This article seeks to identify factors that explain the emergence of this form of property right as well as to measure its effect on agricultural production. The results suggest that the certificate's direct contribution may be rather small in the absence of the appropriate supporting conditions and institutions. [source]

Overreaching In Registered Land Law

THE MODERN LAW REVIEW, Issue 2 2006
Nicola Jackson
Beneficial interests under a trust were not intended to be overriding interests under section 70(1)(g) of the Land Registration Act 1925. The position was altered by Williams & Glyn's Bank Ltd v Boland, which determined that an interest under a trust for sale would bind a purchaser if the beneficiary were in actual occupation. The decision raised the question whether such interests could be overreached once the beneficiary was in occupation of the trust property. City of London Building Society v Flegg held that the relevant beneficial interest had been overreached. Both decisions assume that overreaching in registered conveyancing takes effect as it does in unregistered land. Yet there is considerable evidence that the Land Registration Act contains its own overreaching machinery. The House of Lords applied the wrong overreaching provisions in Boland and Flegg and there is no legal basis on which to recognise that trust interests can override a subsequent disposition under section 70(1)(g). [source]

A tale of the land, the insider, the outsider and human rights (an exploration of some problems and possibilities in the relationship between the English common law property concept, human rights law, and discourses of exclusion and inclusion)

LEGAL STUDIES, Issue 1 2003
Anna Grear
This paper examines the interplay between discourses of exclusion and inclusion in the relationship between land law and human rights. It explores the common law conception of property in land and its relationship with the conceptual structure of property before suggesting that the particular form the conception takes in the English common law is problematic as a discourse of exclusion in the light of inclusive human rights considerations. However, further submerged exclusions in law are also explored, suggesting a problematic ideological continuity between land law and human rights law, notwithstanding identifiable surface tensions between them as contrasting discourses. Once the continuity of hidden exclusions is identified, the paper explores the theoretical unity between the deep structure of property as ,propriety' and human rights as ,what is due', and suggests their mutual potential for embracing more inclusive concerns. Finally, two modest proposals for future theoretical reform are offered: the need for a more anthropologically adequate and inclusive construct of the human being as legal actor, and the need for a more differentiated, context-sensitive formulation of the common law1 property conception, one capable of reconciling conceptually necessary elements of excludability with inclusive human rights impulses. [source]

Leases: are they still not really real?

LEGAL STUDIES, Issue 4 2000
Michael Harwood
This article seeks to show why, historically, the lease/tenancy were viewed as being peripheral to the scheme of land law, not perceived as part of ,real property It suggests that the continued classification today of leases/tenancies as personalty reflects an uncritical perpetuation of this perception, a failure to reappraise their legal status and function in the context of today law and social relations concerned with land. More generally, it touches on a possible need to reappraise many of the underlying, historically derived schemata and structures of today's property law. Finally, as the offer of a small step in the reappraisal of the place of lease/tenancies, it argues that today, in law, they can and should properly be classified (together with freeholds) as part of real property. [source]