Real burdens, or land-use “servitudes” as they are called in the United States, are usually thought of as strictly private legal devices. Yet in many countries, including the United States, they ...serve public functions. They are used to constitute residential community associations. These institutions differ from traditional civil society institutions in that they are designed to provide public goods in much the same way as cities do. Generally, they allocate public goods more efficiently than do local governments, which are unable to respond to differences in preferences for various goods and services within given political boundaries. At the same time, however, the very fact that residential community associations perform many of the same public functions as municipalities creates certain tensions between these associations and the neighbouring municipalities. A fair and equitable resolution of these tensions requires that residential community associations be characterised as quasi-public for the purpose of legal regulation. To date, that view has been impeded by the fact that they are created through private land-use controls. For residential community associations to fulfill their potential to reinvigorate both civil society and the public sphere, they must be viewed for legal purposes as quasi-public, owing certain obligations to the society outside their boundaries.
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Slums Birch, Eugenie L; Chattaraj, Shahana; Wachter, Susan M
03/2016
eBook
Large numbers of people in urbanizing regions in the developing world live and work in unplanned settlements that grow through incremental processes of squatting and self-building.Slums: How Informal ...Real Estate Markets Workshows that unauthorized settlements in rapidly growing cities are not divorced from market forces; rather, they must be understood as complex environments where state policies and market actors still do play a role. In this volume, contributors examine how the form and function of informal real estate markets are shaped by legal systems governing property rights, by national and local policy, and by historical and geographic particularities of specific neighborhoods. Their essays provide detailed portraits of individuals and community organizations, revealing in granular detail the working of informal real estate markets, and they review programs that have been implemented in unconventional settlements to provide lessons about the effectiveness and implementation challenges of different approaches.
Chapters explore the relationships between informality, state policies, and market forces from a range of disciplinary perspectives and on different scales, from an analysis of the relationship between regulations and housing in 600 developing world cities to an ethnographic account of the buying and selling of houses in Rio de Janeiro's favelas. While many of the book's contributors focus on the emerging economies of India and Brazil, the conclusions drawn illustrate dynamics relevant to developing countries throughout the Global South. The diversity of perspectives combines to create a rich understanding of an important, complex, and understudied topic.
Contributors:Arthur Acolin, Sai Balakrishnan, Eugenie L. Birch, José Brakarz, Shahana Chattaraj, Sebastian Galiani, David Gouverneur, Yvonne Mautner, Paavo Monkkonen, Vinit Mukhija, Janice E. Perlman, Lucas Ronconi, Bish Sanyal, Ernesto Schargrodsky, Patrícia Cezário Silva, Susan M. Wachter
A wide-ranging study of how different landownership models deliver sustainability in Scotland's upland areas Scotland is at the heart of modern, sustainable upland management. Large estates cover ...vast areas of the uplands, with a long, complex and emotive history of ownership and use. In recent decades, the Scottish uplands have increasingly been the arena for passionate debates over large-scale land management issues. Crucially, what kinds of ownership and management will best deliver sustainable futures for upland environments and communities? Although the globally unique dominance of private ownership remains a distinctive characteristic of Scotland's uplands, increasing numbers of estates are now owned by environmental NGOs and local communities, especially since the Land Reform (Scotland) Act of 2003. A decade after the passage of this landmark Act, this book synthesises research carried out on a diverse range of upland estates by the Centre for Mountain Studies at Perth College, University of the Highlands and Islands. The findings from privately-owned estates as well as those owned by communities, charities and conservation groups will prove enlightening and relevant to upland managers, policy makers, and researchers across Britain and Europe.With the Scottish Government promoting a vision of environmental sustainability, and with the new diversity of ownerships and management now appearing, this timely and topical book investigates the implications of these different types of land ownership for sustainable upland management. Key Features: * Presents major new thinking on upland estate management * First dedicated textbook on upland estate management * Respected and experienced academic editorial team * An academic synthesis of theory and practical case-studies
Urban Land Rent Haila, Anne
2015, 2015-10-07, 2015-10-06
eBook
In Urban Land Rent, Anne Haila uses Singapore as a case study to develop an original theory of urban land rent with important implications for urban studies and urban theory. * Provides a ...comprehensive analysis of land, rent theory, and the modern city * Examines the question of land from a variety of perspectives: as a resource, ideologies, interventions in the land market, actors in the land market, the global scope of land markets, and investments in land * Details the Asian development state model, historical and contemporary land regimes, public housing models, and the development industry for Singapore and several other cities * Incorporates discussion of the modern real estate market, with reference to real estate investment trusts, sovereign wealth funds investing in real estate, and the fusion between sophisticated financial instruments and real estate
In order to solve the problem in that the classical forest land expectation value method ignores the actual forest stock volume when assessing the income at the end of the current production cycle in ...the forest, and fill the research gap in this area, the technical system of the forest land asset evaluation was enriched. The forest land returns were divided into two parts, i.e., the segmented forest land return price from the growth of the actual forest stand to the end of the growth cycle (Busub.1), and the segmented forest land return price for an infinite number of growth cycles after the growth of the actual forest stand to the end of the growth cycle (Busub.2). Through structure, the forest land gain price expansion model was obtained, and the stand quality including the average diameter at breast height, average height, stock volume, and outturn of stand as dummy variables were used to construct the growth harvest model related to asset evaluation. Taking Cunninghamia lanceolata forest land as an example, the traditional asset evaluation methods were comparatively analyzed. The residual standard deviation (RSD) of the growth model was less than 10%, the total relative error (TRE) and mean system error (MSE) were within ±10%, the mean prediction errors (MPE) were less than 5%, and the mean percentage standard errors (MPSE) were less than 10%, respectively. Combining the forest land net present value expansion model with the traditional evaluation method, the evaluation value of the forest land assets was subsequently calculated, and accordingly, the forest land asset evaluation prime stand factors were predicated. It was found that the valuation results of the forest land net present value expansion model were consistent with the actual situation. The forest land net present value expansion model can therefore be used for asset evaluation of tree forest land (including natural uneven-aged forest land), bamboo forest land, shrub forest land, and economic forest land, and provide new technical support for forest land asset evaluation.
For nearly two centuries, the law has allowed servitudes that "run with" real property while with few exceptions refusing to permit servitudes attached to personal property. That is, owners of land ...can establish new, specific requirements for the property that bind all future owners - but owners of chattels cannot. In recent decades, however, firms have increasingly begun relying on contract provisions that purport to bind future owners of chattels. Courts' interpretations of copyright law enabled these developments in the context of software licensing, but these licenses have started to migrate to chattels not encumbered by software. Courts encountering these provisions have mostly missed their significance, focusing instead on questions of contract doctrine, such as whether opening shrinkwrap constitutes assent to be bound. Property concepts never enter their analysis. The result of this oversight is that courts have de facto recognized equitable servitudes on chattels - a category that the common law has long rejected except in extraordinary circumstances. Yet because courts are often unfamiliar with property law principles, and because lawyers have failed to make property-based arguments, individual contracts cases are remodeling the architecture of property rights without anyone realizing it.
This Article identifies the unexpected emergence of servitudes on chattels via contract law. It explores the consequences of that development and argues that we should see it as deeply troubling. By unwittingly establishing equitable servitudes on chattels, this change in law threatens to undo longstanding precedent, disrupt settled expectations, and effectively recognize a new form of property. More generally, elevating contract over other private law doctrines disrupts the private law's equilibrium in which a complementary suite of doctrines developed to promote economic liberty while curtailing opportunistic impulses. While the pathologies that have flourished internally in modern contract doctrine have been well studied by scholars, the way in which contract law is threatening to consume property and other areas of private law has received less attention. Using servitudes on personal property as a window into the larger problem of contract-dominated private law, this Article explores the private law's role in shaping environmental conservation, autonomy, innovation, and the legitimacy of the law itself. Those values are all in jeopardy if contract law is allowed to encroach on property and to erode the very concept of ownership.
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