The Dynamics of Enduring Property Relationships in Land

被引:16
作者
Blandy, Sarah [1 ]
Bright, Susan [2 ]
Nield, Sarah [3 ]
机构
[1] Univ Sheffield, Sheffield, S Yorkshire, England
[2] Univ Oxford, Oxford, England
[3] Univ Southampton, Southampton, Hants, England
关键词
CONTRACTUAL RELATIONS; LAW; GOVERNANCE; BUSINESS; LEASES; SYSTEM; RIGHTS;
D O I
10.1111/1468-2230.12317
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This article proposes a new way of looking at property relationships that will enrich our understanding of how they operate. It focuses on property rights in land which are consensual in origin, although this approach could usefully be applied both to non-consensual property relationships and to other property types. Recognising both the temporal and spatial dimensions of land, the dynamics approach reflects the fact that most property relationships are lived relationships, affected by changing patterns and understandings of spatial use, relationship needs, economic realities, opportunities, technical innovations, and so on. Although evolving responsively to accommodate changing uses and new rights-holders, these relationships are nevertheless sustained and enduring. The dynamics lens acknowledges the diverse range of legal, regulatory, social and commercial norms that shape property relations. Our approach also explores how far the enduring, yet dynamic, nature of property relations is taken into account by a range of decision-makers.
引用
收藏
页码:85 / 113
页数:29
相关论文
共 101 条
  • [51] Financial Conduct Authority, HDB MCOB
  • [52] Fox L., 2006, Conceptualising home: Theories, laws and policies
  • [53] Gerhart P., 2013, PROPERTY LAW SOCIAL
  • [54] Gilson RJ, 2010, COLUMBIA LAW REV, V110, P1377
  • [55] Gordon R., 1985, WISC LAW REV, P569
  • [56] GORDON RW, 1985, WISC LAW REV, P565
  • [57] Gray K., 2003, RATIONALIZING PROPER, P241
  • [58] Gray K., 2009, ELEMENTS LAND LAW, V5th
  • [59] HELLER MA, 1999, YALE LAW J, V108, P1193
  • [60] The evolution of green leases: towards inter-organizational environmental governance
    Janda, Kathryn B.
    Bright, Susan
    Patrick, Julia
    Wilkinson, Sara
    Dixon, Timothy J.
    [J]. BUILDING RESEARCH AND INFORMATION, 2016, 44 (5-6) : 660 - 674