Property and Trust Law in England and Wales

Property and Trust Law in England and Wales
Author: Peter Sparkes
Publisher: Kluwer Law International B.V.
Total Pages: 455
Release: 2019-05-15
Genre: Law
ISBN: 940351194X

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in England and Wales deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in England and Wales will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.

A New Land Law

A New Land Law
Author: Peter Sparkes
Publisher: Bloomsbury Publishing
Total Pages: 982
Release: 2003-08-05
Genre: Law
ISBN: 1847314473

Peter Sparkes' path-breaking text on land law has been rewritten with two aims in mind: to incorporate the seismic changes introduced by the Land Registration Act 2002,along with commonholds, the explosion of human rights jurisprudence, and the unremitting advance of judicial exposition; and to accommodate the author's developing thinking on the structural aspects of the subject. The book opens with a series of shorter chapters each exploring a fundamental building block: registration; houses flats and commonholds; land, ownership and its transactional powers; social controls balanced by human rights to property; fragmentation by time (the doctrine of estates), divisions of ownership and proprietary rights. In terms of substantive chapters the book opens with discussion of the new transfer system -- paper-based transfer alongside the evolution towards electronic conveyancing -- and the consequent changes to the proof of registered titles and to the registration curtain. The new approach to adverse possession against registered titles has called for extended discussion, as has the authoritative elucidation of the concept of adverse possession in Pye. In terms of proprietary interests the fundamentals are seen as rights to transfer, beneficial interests under trusts which are overreachable, burdens which are endurable, leases, money charges such as mortgages which are redeemable, and the obligations enforcible within the neighbour principle -- easements, covenants and positive covenants being treated as a semi-coherent whole. An attempt has been made to assist students by moving some of the more arcane learning later into the book or into separate chapters where these matters might be more readily ignored by a candidate concerned primarily to prepare for an examination. "A massive amount of research and scholarship has gone into the book, with impressive citation of cases, articles and case-notes, and of other text-books. This newcomer on the scene is a considerable addition to the ranks of serious text-books on land law and the author is to be congratulated." The New Law Journal "The scope of this work is ambitious...it is a bold attempt to take the study of land law forward...much more than a basic land law text book...it would be a pleasure to be able to teach a course requiring students to cover the substance or the bulk of it whether in one or more modules...a difficult blend of background and history, massive referencing, discussion of statute and case law, all wrapped up in a text that is not too difficult to absorb." The Law Teacher "A most interesting and ground breaking book" Michael Cardwell, University of Leeds "At last, a brilliant land law book! I think the approach is marvellous and will strongly recommend it to my students" Keith Gompertz, University of Central England. "... takes a more modern approach to the area...I am very impressed with the style, layout and format. It will be a good teaching tool and I am looking forward to using it." Alison Dunn, Newcastle Law School. "...not baffling in the way land law texts tend to be" Helen Taylor, University of Teesside "Excellent." Professor Edward Burn, City University.

Compulsory Purchase and Compensation

Compulsory Purchase and Compensation
Author: Barry Denyer-Green
Publisher: Taylor & Francis
Total Pages: 601
Release: 2024-11-20
Genre: Architecture
ISBN: 1040176305

Compulsory Purchase and Compensation remains the essential guide to this complex and increasingly relevant area of the law. Now in its 12th edition, no other book presents the same level of information on the law relating to compulsory purchase and compensation in England and Wales in such an accessible way. The book is also especially suited to those coming to this complex subject without a specific background in the law and is ideal reading for those students taking planning and built environment modules. Surveyors in particular will find this book invaluable. Whilst this new edition picks up the very many decisions of the Upper Tribunal and the higher courts since the 11th edition, the principal piece of new legislation is the Levelling-up and Regeneration Act 2023. One of the controversial provisions in the 2023 Act is the power to include in a compulsory purchase order a direction, the effect of which is that in relation to certain limited purposes, compensation shall be assessed on the basis that no planning permission would be granted for development on the relevant land; in effect, no hope value and only existing use values would be paid.

Lessons of the Swaps Litigation

Lessons of the Swaps Litigation
Author: Peter Birks
Publisher: Taylor & Francis
Total Pages: 464
Release: 2020-11-25
Genre: Law
ISBN: 1000285863

This is the first comprehensive review of the extent of remedies and impact of contractual agreements on restitution claims for void, unenforceable, and discharged contracts.

Making Sense of Wales

Making Sense of Wales
Author: Graham A S Day
Publisher: University of Wales Press
Total Pages: 305
Release: 2002-07-30
Genre: Social Science
ISBN: 0708323103

Making Sense of Wales gives an account of the main changes that have taken place in Welsh society over the last fifty years, as well as analysing the major efforts to interpret those changes. By placing work done in Wales in the context of broader developments within sociological approaches over the period, Graham Day demonstrates that there is a body of work on Wales worth considering in its own right as a specific contribution to sociology. He also shows the relevance of sociological accounts of Wales for understanding contemporary empirical and theoretical concerns in social analysis. Beginning with post-war analysis which considered Wales in terms of regional planning and policy, Day shows how more theoretically informed perspectives have come to the fore in recent years. He also examines more contemporary developments, such as gender and class transformations, the emphasis on the centrality of the Welsh language for conceptions of Wales and Welshness, as well as the impact of new forms of governance and questions of social exclusion.