This work offers a systematic account of land law which, by proceeding from fundamental principles to consideration of the law as it is applied, succeeds in placing land law in its social context whilst retaining the strengths of a more traditional approach. To this end the work is divided into two parts: the first offering a detailed description and analysis of the substantive law and its underlying principles, while the second examines a number of key issues which illustrate the effects of land law, particularly within the sphere of residential property. Throughout the book, there are extensive case references including references to American and Australian law and to unreported cases available on LEXIS.
As one of the smallest and most densely populated countries in the world, the State of Israel faces serious land policy challenges and has a national identity laced with enormous internal contradictions. In Land Law and Policy in Israel, Haim Sandberg contends that if you really want to know the identity of a state, learn its land law and land policies. Sandberg argues that Israel's identity can best be understood by deciphering the code that lies in the Hebrew secret of Israeli dry land law. According to Sandberg, by examining the complex facets of property law and land policy, one finds a unique prism for comprehending Israel's most pronounced identity problems. Land Law and Policy in Israel explores how Israel's modern land system tries to bridge the gaps between past heritage and present needs, nationalization and privatization, bureaucracy and innovation, Jewish majority and non-Jewish minority, legislative creativity and judicial activism. The regulation of property and the determination of land usage have been the consequences of explicit choices made in the context of competing and evolving concepts of national identity. Land Law and Policy in Israel will prove to be a must-read not only for anyone interested in Israel but also for anyone who wants to understand the importance of land law in a nation's life.
This casebook is an authoritative introduction to the study of public land and resources law. Case studies, case notes, and examples illustrate points under consideration. Thought-provoking questions generate classroom discussion and hone students' legal reasoning. Representative topics include authority on public lands, wildlife resource, preservation, resource, and history of public land law.
From Kennebunkport to Kauai, from the Rio Grande to the Northern Rockies, ours is a vast republic. While we may be united under one Constitution, separate and distinct states remain, each with its own constitution and culture. Geographic idiosyncrasies add more than just local character. Regional understandings of law and justice have shaped and reshaped our nation throughout history. America’s Constitution, our founding and unifying document, looks slightly different in California than it does in Kansas. In The Law of the Land, renowned legal scholar Akhil Reed Amar illustrates how geography, federalism, and regionalism have influenced some of the biggest questions in American constitutional law. Writing about Illinois, “the land of Lincoln,” Amar shows how our sixteenth president’s ideas about secession were influenced by his Midwestern upbringing and outlook. All of today’s Supreme Court justices, Amar notes, learned their law in the Northeast, and New Yorkers of various sorts dominate the judiciary as never before. The curious Bush v. Gore decision, Amar insists, must be assessed with careful attention to Florida law and the Florida Constitution. The second amendment appears in a particularly interesting light, he argues, when viewed from the perspective of Rocky Mountain cowboys and cowgirls. Propelled by Amar’s distinctively smart, lucid, and engaging prose, these essays allow general readers to see the historical roots of, and contemporary solutions to, many important constitutional questions. The Law of the Land illuminates our nation’s history and politics, and shows how America’s various local parts fit together to form a grand federal framework.
Relied upon by students for over 25 years, this book continues to bring an innovative, practical focus to modern land law, guiding the reader through real-life situations to illustrate rules and highlight problem areas. Clear diagrams, sample documents and further reading help students understand the law in context.
Eileen Spring presents a fresh interpretation of the history of inheritance among the English gentry and aristocracy. In a work that recasts both the history of real property law and the history of the family, she finds that one of the principal and determinative features of upper-class real property inheritance was the exclusion of females. This exclusion was accomplished by a series of legal devices designed to nullify the common-law rules of inheritance under which--had they prevailed--40 percent of English land would have been inherited or held by women. Current ideas of family development portray female inheritance as increasing in the seventeenth and eighteenth centuries, but Spring argues that this is a misperception, resulting from an incomplete consideration of the common-law rules. Female rights actually declined, reaching their nadir in the eighteenth century. Spring shows that there was a centuries-long conflict between male and female heirs, a conflict that has not been adequately recognized until now.
The aim of this work is to take the main elements of land law and explain each in a systematic way. It shows how different elements of land law combine and interrelate. The book also explains the amount of often confusing specialist language and jargon associated with law.
This fifth edition covers everything from the legal definition of land to the essential elements in a lease or tenancy and the function of covenants in the planning of land use.
Principles of Land Law in New Zealand is an abridged, one book version of the highly regarded property resource, Hinde, McMorland & Sim Land Law in New Zealand. Continuing the reputation of previous editions, Principles of Land Law in New Zealand offers students and practitioners authoritative commentary on the fundamentals of land law. Since the last edition, previously titled Principles of Real Property Law, there have been significant legislative and case law updates incorporated by the authors in all chapters with particular focus on the adaptation of the text throughout to incorporate the Land Transfer Act 2017. Features: Comprehensive discussion of the core principles of land law; Written by a prestigious author team who are experts in their field; Thoroughly updated to incorporate the Land Transfer Act 2017.
