Property Law and Real Estate Commons^™

Property, Psyche, And The Theory Of Tenancy: Independent And Interdependent Lease Law Covenants Through The Lens Of Cultural Psychology, Hanjo Hamann

Texas A&M Journal of Property Law

Is it property or contract? This question has perplexed scholars studying the residential lease for most of the last century. The present contribution combines the complementary perspectives of legal history and cultural psychology to clarify our theory of tenancy. From a historical perspective, I find that the oscillation of tenancy between competing doctrinal paradigms has resulted in a compromise solution rather than a coherent theory. While piecemeal reforms in the 1970s revised the doctrine of independent covenants, they did not provide a theoretical justification for increasing interdependence. From a psychological perspective, I suggest that such a theoretical justification may come …

'99-To-1’ Property Deals: Stamp Duty Avoidance Or Honest Mistake, Vincent Ooi

Research Collection Yong Pung How School Of Law

This article explains in detail the legal issues surrounding the recent ABSD audit and how exactly the general anti-avoidance rule and the stamp duty avoidance surcharge in the Stamp Duties Act 1929 can be invoked by the IRAS.The article highlights the fact that it may not be enough for a property buyer to show that the '99-to-1' holding was intended to enable the buyer to qualify for a home loan and not 'for stamp duty avoidance'. The property buyer must be able to answer the additional question of why the transfer of the property is 'staggered' in two stages and …

The Doctrine Of Unilateral Severance And Its Potential Development In Singapore, Zhi Jia Koh

Research Collection Yong Pung How School Of Law

Co-ownership of land is commonplace in Singapore, and the manner of holding among co-owners has important practical implications. Joint tenants are subject to the rule of survivorship, but what if a joint tenant does not wish to be locked into the survivorship wheel of fortune? A joint tenant may unilaterally sever the joint tenancy by an act operating upon his or her share of the land, but questions remain as to when that occurs and the consequent duration of severance. This article attempts to address these questions with the current alienation-based approach and suggest the possibility of an intention-based approach.

The Fourth Amendment And General Law, Daniel Epps, Danielle D'Onfro

Scholarship@WashULaw

For decades, Fourth Amendment protections have turned on “reasonable expectations of privacy.” But a new era may be dawning. There is growing interest among judges and scholars in turning away from privacy toward property or positive law as the touchstone for Fourth Amendment protections. Yet many questions remain about how that approach should work, such as where judges should look for positive law and precisely what role positive law should play in Fourth Amendment analysis.

This Article answers those questions, and in so doing lays forth a new, comprehensive theory of the Fourth Amendment. We argue that courts should interpret …

Cuba's Energy Future: Options Based On Renewables And Non-Carbon-Based Sources, Colin Crawford

FIU Law Review

My intention is to research and write on article on Cuba's energy future. Specifically, I plan to consider the options for a sustainable energy future using renewable energy sources and not carbon-dependent sources. This analysis will require both an examination of the island's historical energy challenges as well as consideration of the options for developing a sustainable energy infrastructure with international governmental (e.g. UN, World Bank etc.) and regional governmental (e.g. EU) support- an analysis that will also require consideration of the island nation's socialist political system and its willingness to engage internationally. The topic is one, clearly, with implications …

The Value Of Fiduciary Duties: Evidence From En Bloc Sales In Singapore, Jianfeng Hu, Kelvin F. K. Low, Wei Zhang

Research Collection Lee Kong Chian School Of Business

This paper examines the impact of fiduciary duties on collective asset sales in the case of owners acting as delegates for other owners, thereby potentially inducing conflicts of interests. Our identification strategy exploits a unique legal shock in Singapore, which established fiduciary duties in those transactions in the real estate market known colloquially as en bloc sales. The imposition of fiduciary duties caused the price premium of units sold via en bloc sales to increase over units ineligible for en bloc sale, as well as over units that, although eligible for en bloc sale, are sold individually. In addition, this …

Resulting And Constructive Trusts In The Contemporary Singaporean Family Context, Man Yip

Research Collection Yong Pung How School Of Law

The legal rules that emerge in a society are shaped by the conditions of that society. In the area of trusts law, this chapter argues that the English principles of the presumed resulting trust and the common intention constructive trust have been adapted to suit the Singaporean family context. At first sight, given that Singapore law has declined to follow the Stack v Dowden line of developments that have taken place in English law concerning beneficial ownership of family property, it may appear that Singapore trusts law is more conservative and that pre-Stack English law is better preserved on Singapore …

Molosoni Chipabwamba And 12 Other Displaced Village Owners V Yssel Enterprises Limited Appeal No.104/2020 (Zmca) 2022, Mwami Kabwabwa

SAIPAR Case Review

The issue of customary land tenure and customary land rights is an important issue that has serious implications on customary communities that occupy land under customary tenure. Considering the raising demand of customary land by both local and international investors the courts play an important role in protecting the interests and rights of customary communities and ensuring that such communities are not exploited in the alienation process of customary land and in the procedures of converting from customary tenure to statutory where it is necessary and where the benefits of converting to statutory tenure outweigh the benefits of customary tenure. …

Strata Plan Cancellations In Australasia: A Comparative Analysis Of Nine Jurisdictions, Seng Wei, Edward Ti

Research Collection Yong Pung How School Of Law

A growing number of Australasian jurisdictions now permit a supermajority of owners to terminate a co-owned building scheme allowing proprietors to redevelop, or more commonly, sell the underlying land. This planning tool aids municipal rejuvenation, prevents urban sprawl and provides new housing. In this paper, I examine the provisions pertaining to cancellation of unit plans under nine jurisdictions – New Zealand and all eight jurisdictions in Australia. This comparative analysis highlights several unique aspects of the Unit Title Act 2010 (NZ) such as the way its voting thresholds are calculated and the idiosyncratic application of the ‘just and equitable’ standard …

Limitation Period For Unjust Enrichment Claims, At The Claimant’S Expense, Lack Of Consent, Illegality, And Vindication Of Property Rights: Esben Finance Ltd And Others V Wong Hou-Lianq Neil, Hang Wu Tang

Research Collection Yong Pung How School Of Law

Even though unjust enrichment has been recognised by English law for several decades, this branch of the law continues to be a highly contested area. Debate rages on with respect to many facets including the formal structure of the subject, the ambit of unjust factors and its relationship with the law of property. The decision of the Singapore Court of Appeal in Esben Finance Ltd and Others v Wong Hou-Lianq Neil (‘Esben Finance Ltd’) explores many of these difficult areas. In a wide-ranging judgment, Esben Finance Ltd covers an astonishing variety of issues namely limitation period, at claimant’s expense, illegality, …

Who Owns This? Ways That Property Can Be Owned And Transferred In Nebraska, Jessica Groskopf, J. David Aiken

Cornhusker Economics

Discusses ways that property can be owned and transferred in Nebraska in the context of farm management in Nebraska, United States.

The 30x30 Program: A Federal Land Grab?, J. David Aiken

Cornhusker Economics

In January 2021, the Biden Administration issued a climate policy executive order.[2] [or EO].[3] Section 216 of the Biden climate EO, Conserving & Protecting our Nation’s Lands & Waters, directed the U.S. Department of the Interior, the U.S. Department of Agriculture, and the U.S. Department of Commerce (which includes NOAA, the U.S. National Oceanic & Atmospheric Administration) to prepare a report “recommending steps that the United States should take, working with state, local, tribal and territorial governments, agricultural and forest landowners, fishermen and other key stakeholders to achieve the goal of conserving at least 30% of our lands and waters …

Comparative Lessons In Sectional Title Laws: Mitigating Urban Inequality In South Africa, Edward S. W. Ti

Research Collection Yong Pung How School Of Law

Urban inequality in South Africa is a formidable problem that is linked to the injustices of its historical apartheid past. This paper identifies sectional titles, a form of property ownership where proprietors wholly own their apartment unit while co-owning the land and common property, as critical to providing more affordable housing. Sectional title schemes mitigate urban inequality by giving a greater proportion of the country the opportunity to own legally secure, well-located dwellings while serving as a platform where communal living could take place. Two suggestions how sectional title legislation can further alleviate aspects of urban inequality are made (1) …

Adventures In Land Use Dispute Resolution: Utah's Innovative Program To Provide "Free" Legal Advice To Local Government, Neighbors, And Property Owners, Craig Call

Journal of Comparative Urban Law and Policy

Utah may have the nation’s most robust process allowing citizens to question local government land use decisions. This exists in the Office of the Property Rights Ombudsman (OPRO), created in 1997 and charged to assist in land use disputes in 2006. In three parts, this article divides an overview of the history of that office into two eras, evaluates one of the key functions of the current era—the preparation of advisory opinions (AOs), and suggests that Utah’s OPRO is a useful model for other states to consider. Most of this article focuses on the debates leading to the second era …

Property, Bas Van Der Vossen

Philosophy Faculty Books and Book Chapters

"This chapter discusses the nature and value of property rights. It will explain (1) what property rights are, (2) the relationship between private property and economic development, and (3) some objections to structuring societies around such rights. This discussion throughout focuses on the decentralizing nature of private property rights, asking what implications it has from a philosophical, but also social and political, point of view."

The Torrens System In Singapore: 75 Years From Conception To Commencement, Alvin W. L. See

Research Collection Yong Pung How School Of Law

This article tells the story of how the Torrens system of land titles registration came to be adopted in Singapore. From conception to commencement, the entire process took over 75 years, far longer than any other law reform the country has experienced. Particular attention is paid to why the Australian model was preferred despite the significant influence of English law in colonial Singapore. Although as with anything, much of what happened could be attributed to chance, a great deal can be learned from this story, which details the socio-economic and political forces that have shaped the law into what it …

Restricting Funeral Expense Deductions, William A. Drennan

Dickinson Law Review (2017-Present)

During the Middle Ages, the wealthy often requested burial in mass graves with their fellow mortals, as a sign of humility. But since the rise of the cult of the individual during the Renaissance, individual burial plots have been an expression of prestige, wealth, and social status for some. For example, Leona Helmsley, real estate baroness and “Queen of Mean,” dedicated $3 million upon her death for the care and maintenance of her 1300 square foot, $1.4 million mausoleum. Respectful disposition of the body is a hallmark of civilization and a common law requirement of estate administration, but an extravagant …

Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell

Cal Poly Humboldt theses and projects

Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …

Municipal Optimization Of Short-Term Rental Regulations: The Reality Of Airbnb In South Texas Communities, Kenneth M. Culbreth Iii

St. Mary's Law Journal

Abstract forthcoming.

Spatial Distribution Of Property Sales Using Geographic Information Systems: A Case Study Of Riyadh, Abdulaziz Aldegheishem, Abdulrahman Abalkhail, Saleh Alhumaydani

Emirates Journal for Engineering Research

This research demonstrates the importance of representing and making data available on the map for urban areas in terms of contributing to raising the transparency index of the real estate sector and facilitating the process of accessing information, by reviewing some studies that dealt with it, its history, uses, and some examples. This paper presents a model based on geographic information systems that combines property sales data and a map of land division according to location and time for Riyadh city, the case study, and explains how to find a common link for different real estate data for land assets …

Increasing Substantive Fairness And Mitigating Social Costs In Eviction Proceedings: Instituting A Civil Right To Counsel For Indigent Tenants In Pennsylvania, Robin M. White

Dickinson Law Review (2017-Present)

The U.S. Constitution provides criminal defendants the right to a court-appointed attorney but gives no similar protection to civil litigants. Although federal law does not supply any categorical rights to counsel for civil litigants, all 50 states have instituted the right in at least one category of civil law that substantially impacts individuals’ rights. Since 2017, several U.S. cities have enacted such a right for tenants facing eviction. In so doing, these cities responded to American families’ increasing rent burden, the recent publication of nationwide eviction data, the sociological research concerning the impact of eviction, and the lack of procedural …

Standing To Sue In Land Use Litigation, Daniel R. Mandelker

Scholarship@WashULaw

Third party standing to sue is essential in land use litigation. Questionable land use decisions will not be taken to court unless a third party can sue, but third party standing is limited. Standing law is fragmented, obstinate, excessively restrictive, and split between judicial and statutory requirements. Reform is necessary so that third parties can have access to court to protect public values. This Article explains why third party standing should be expanded, and it includes a conceptual model that can guide reform. It discusses conflicting third party standing rules in the Supreme Court, including the dominant restrictive rule that …

Table Of Contents

Touro Law Review

No abstract provided.

The Limits Of Equity, Michael Lewyn

Scholarly Works

"Equity" is a common buzzword in urban planning circles. However, nearly any land use decision can be justified as more equitable than the alternatives.

Baldia Town Factory Inferno: Justice Delayed And Denied, Rabia Bugti

MSJ Capstone Projects

The Baldia Town Factory Fire — as it came to be known — was one of the deadliest incidents in the history of Pakistan — the 9/11 of the country.

Over 260 ill-fated people lost their lives in the garments factory named Ali Enterprises, 16 of whom were charred beyond recognition. In September this year, finally after eight years, the anti-terrorism court announced its verdict (ANTI-TERRORISM COURT, 2017). Two key culprits were sentenced to death and four handed life imprisonment. According to the joint investigation team’s report, the factory was set on fire deliberately by the facilitators of a political …

The Property Species: Mine, Yours, And The Human Mind, Bart J. Wilson

Economics Faculty Books and Book Chapters

"Arguing that neither the sciences nor the humanities synthesizes a full account of property, the book offers a cross-disciplinary compromise that is sure to be controversial: Property is a universal and uniquely human custom. Integrating cognitive linguistics with philosophy of property and a fresh look at property disputes in the common law, the book makes the case that symbolic-thinking humans locate the meaning of property within a thing. That is, all human beings and only human beings have property in things, and at its core, property rests on custom, not rights. Such an alternative to conventional thinking contends that the …

Opportunity In Ohio: Rethinking Northeast Ohio's Opportunity Zones With Local Legislation, Patrick J. Lipaj

Cleveland State Law Review

Welcome to Census Tract 1186.02! Here, in a small sliver of Cleveland’s Glenville neighborhood, tucked between Superior and Hough Avenues, you will uncover a lot. You will discover a rich history of the city’s ethnic and cultural roots. You will also find gang violence, underperforming schools, a median household income of $9,526, and a poverty rate of 66.5 percent. Something you will not find in 1186.02 is investment. Private or public, money is not flowing in to 1186.02 and it has not for a long time. The substantial toll of continuous underinvestment on the residents of this neighborhood, one of …

Alternatives To High Nebraska Agricultural Land Real Estate Taxes, Part 2 Of 2: Like-Kind Exchange, Austin Duerfeldt

Extension Farm and Ranch Management News

In part one of this series of articles, I touched on the idea that, when holding land as an investment, considering alternatives is important. We discussed the process of selling the ground, paying the capital gains and then investing in alternatives such as stocks. Here in part two, we will continue to consider the question of agricultural land being the correct investment for your portfolio but will take a different alternative approach. Now, we will look at like-kind exchanges.

1031 Like-Kind Exchange

With a 1031 like-kind exchange, we are taking a real property asset and exchanging it for another real …

"A Glass Of Milk Strengthens A Nation." Law Development, And China's Dairy Tale, Xiaoqian Hu

Journal of Food Law & Policy

Historically, China was a soybean nation and not a dairy nation. Today, China has become the world’s largest dairy importer and third largest dairy producer, and dairy has surpassed soybeans in both consumption volume and sales revenue. This article investigates the legal, political, and socioeconomic factors that drove this transformation, and building upon fieldwork in two Chinese counties, examines the transformation’s socioeconomic impact on China’s several hundred million farmers and ex-farmers and political impact on the Chinese regime. The article makes two arguments. First, despite changes of times and political regimes, China’s dairy tale is a tale about chasing the …

Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs

Northwestern Journal of Law & Social Policy

Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …