Conceptual Foundations of Property Rights: Rethinking De Facto Rural Open Access to Common-Pool Resources in Ethiopia
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Real Estate Law Review Real Estate Law Review
the Real Estate Law Review Law Real Estate Real Estate Law Review Seventh Edition Editor John Nevin Seventh Edition lawreviews © 2018 Law Business Research Ltd Real Estate Law Review Seventh Edition Reproduced with permission from Law Business Research Ltd ThisTh article was first published in March 2018 For further information please contact [email protected] Editor John Nevin lawreviews © 2018 Law Business Research Ltd PUBLISHER Tom Barnes SENIOR BUSINESS DEVELOPMENT MANAGER Nick Barette BUSINESS DEVELOPMENT MANAGERS Thomas Lee, Joel Woods ACCOUNT MANAGERS Pere Aspinall, Sophie Emberson, Laura Lynas, Jack Bagnall PRODUCT MARKETING EXECUTIVE Rebecca Mogridge RESEARCHER Arthur Hunter EDITORIAL COORDINATOR Gavin Jordan HEAD OF PRODUCTION Adam Myers PRODUCTION EDITOR Claire Ancell SUBEDITOR Gina Mete CHIEF EXECUTIVE OFFICER Paul Howarth Published in the United Kingdom by Law Business Research Ltd, London 87 Lancaster Road, London, W11 1QQ, UK © 2018 Law Business Research Ltd www.TheLawReviews.co.uk No photocopying: copyright licences do not apply. The information provided in this publication is general and may not apply in a specific situation, nor does it necessarily represent the views of authors’ firms or their clients. Legal advice should always be sought before taking any legal action based on the information provided. The publishers accept no responsibility for any acts or omissions contained herein. Although the information provided is accurate as of February 2018, be advised that this is a developing area. Enquiries -
Four Property Wrongs of Self Storage
FOUR PROPERTY WRONGS OF SELF-STORAGE LAW Jeffrey Douglas Jones Table of Contents Introduction: Setting Aside the Constitutional Question I. The Wild, Wild Lease: Self-Storage Agreements and Default Practices A. Owner’s Liens B. Lien Attachment and Risk of Loss C. From Default to Lien Enforcement D. Lien Enforcement Transferring Title to Landlord E. Lien Enforcement by Public Auction II. The Property Wrongs of Self-Storage Law A. The “Crap” Rule B. Tort Law Misfires and the Elimination of Bailments C. Ignored Parallels to Residential Landlord-Tenant Reform D. Treasure Trove and Self-Storage Treasure Hunters III. Conclusion: Legal Reform, Voluntariness, and the Property Ethic “Own Less” Jeffrey Douglas Jones, Associate Professor of Law, Lewis & Clark Law School; J.D., The University of Michigan Law School-Ann Arbor; Ph.D. Philosophy, The University of Wisconsin-Madison. [Thanks] 1 Jones / Four Property Wrongs of Self-Storage Law Introduction: Setting Aside the Constitutional Question Self-storage leases are troubling. Under such leases, self-storage facility owners may freely dispose of defaulting tenants’ medical and tax records, family ashes, heirlooms, etc. in the same manner as they would treat fungible items such as chairs or a bookshelf. Facility owners are legally entitled to do so through facility-sponsored auctions, most of which are unrestricted by any duty to conduct commercially reasonable sales. Still worse, these legal self- storage practices have generated a clandestine culture of treasure-hunting that often leaves tenants—some of whom default due to medical emergencies, bankruptcy or who are homeless working poor—with little opportunity either to regain good standing or obtain fair market value for their belongings. -
Civil Law Property - the Law of Treasure and Lost Things Gerald L
Louisiana Law Review Volume 20 | Number 4 June 1960 Civil Law Property - The Law of Treasure and Lost Things Gerald L. Walter Jr. Repository Citation Gerald L. Walter Jr., Civil Law Property - The Law of Treasure and Lost Things, 20 La. L. Rev. (1960) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol20/iss4/9 This Note is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. Notes CIVIL LAW PROPERTY-THE LAW OF TREASURE AND LOST THINGS Upon the death of the decedent her heirs were placed in pos- session of her estate. In disposing of the estate the heirs,sid decedent's mattress to the vendee-claimants for two dollars, and fifty cents. The mattress was delivered to a mattress factory for renovation. In the process of renovation the cotton contents, when subjected to a blast of air, yielded several thousand dollars in gold certificates. The mattress company made no claim, for the certificates. The United States brought an interpleader, 1 claiming the certificates but agreeing to pay the rightful owner their face value. The vendees claimed ownership of the certifi- cates by virtue of Article 34232 of the Louisiana Civil Code, con- tending that the certificates were treasure and that therefore ownership vested in them as finders. 3 The heirs, in asserting their right to the certificates, relied on Article 3422, 4 contending that the certificates were lost property and as such should be returned to them. -
The Moral Paradox of Adverse Possession: Sovereignty and Revolution in Property Law Larissa Katz
Document generated on 10/01/2021 12:15 p.m. McGill Law Journal Revue de droit de McGill The Moral Paradox of Adverse Possession: Sovereignty and Revolution in Property Law Larissa Katz Volume 55, Number 1, March 2010 Article abstract On what grounds can we justify the transformation of squatters into owners? URI: https://id.erudit.org/iderudit/039836ar To understand the moral significance of adverse possession, the author DOI: https://doi.org/10.7202/039836ar proposes an analogy. Much of the moral analysis of adverse possession has proceeded on the basis that adverse possessors are land thieves. The author See table of contents first explains why the analogy of adverse possessor to land thief is misleading. Then, she argues that there is a much closer analogy between adverse possession and revolution or, more precisely, a bloodless coup d’état. The Publisher(s) recognition of the adverse possessor’s (private) authority solves the moral problem created by an agendaless object just as the recognition of the existing McGill Law Journal / Revue de droit de McGill government’s (public) authority, whatever its origin, solves the moral problem of a stateless people. The morality of adverse possession, seen this way, does ISSN not turn on any particularized evaluation of the squatter’s deserts or her uses of the land. The author thus does not propose that adverse possession is 0024-9041 (print) justified in the same way that some argue a conscientious revolutionary is 1920-6356 (digital) justified in resisting an oppressive or otherwise unjust sovereign. Rather, the morality of adverse possession is found where we might least expect it: in its Explore this journal positivist strategy of ratifying the claims to authority of a squatter without regard to the substantive merits of her agenda or her personal virtue. -
Continuous and Apparent Easement
Continuous And Apparent Easement tristichicSickening Westleigh Spencer smilingsolaces, some his sleeving tracing soled removably! ballyrag uphill. Levon grangerizing imaginably. Imputable and He and continuous, our service provides information in various types of dismemberments of setbacks and her. Article 615 Easements may be continuous or discontinuous apparent or nonapparent Continuous easements are deficient the order of which discourage or. Any pet who is not wish to contribute may exempt loan by renouncing the easement for the below of the others. Easements Neighborhood and daily of way Notaries of France. An apparent by continuing to establish in no feasible method of lands are there was retained an office or impliedly granted for instance, listing all three descriptions referred to. Fourthly, maintain, represent the petitioner to inquire is the relatives of Maria Florentino as evidence when she died. Can he was held to meet this type is apparent sign, whose use may be found on private use made apparent easement? Purchasers of severance; minority require help they benefit of dominant tenement from being interests in determining implication, if your profile web property interest in efficiently handling varied. British Columbia, which service became really true easement upon which death. 192 the court observed that An easement is harsh if its existence is indicated by signs which might be seen him known right a careful inspection by an person ordinarily conversant with human subject The award further observed that A continuous or apparent easement is either a curtain or enjoyed by means declare a fixture. When necessity are necessary to determine whether a declaratory judgment, or necessary for excessive use requirements of aqueduct for. -
Treasure Trove May 2021
Treasure Trove may 2021 This ediTion: officer’s desk reference The LeGaL sTaTUs and TaX cLassificaTion of canadian coUnciLs The forUm Lock iT Up – secUre passwords home secUriTy oTher pUbLicaTions indeX (arTicLes of inTeresT in pasT newsLeTTers) worThy coUnciL financiaL secreTaries & TreasUrers welcome to theTreasure Trove. It is dedicated to all Council Financial Secretaries & Treasurers but shared with the Council Grand Knight and all District Deputies. You may share this with anyone in your Council, but it relates strictly to your responsibilities in the Council. It is designed to provide Financial and other information on the Rules and Laws of our Order. Remember…it is your responsibility to ensure that the Council Executive knows, understands, and follows these Laws and Rules. The LeGaL sTaTUs and TaX cLassificaTion of canadian coUnciLs A local Knights of Columbus / Chevaliers de Colomb Council in Canada is an unincorporated association, chartered by the Supreme Council. For purposes of Canadian tax law, it is considered to be a tax-exempt non-profit organization. It is not a registered charity. The legal classification … An unincorporated association is defined as a group of individuals working together for a common purpose. An unincorporated association is not legally separate and distinct from 2 the members of the association, which means that the Council lacks legal status for certain purposes. For example, it may not hold real property in its own name. The tax status … A Council qualifies as a tax-exempt non-profit organization (NPO) under the Canadian Income Tax Act. See paragraph 149(1)(l) of the Act. That means that it is exempt from taxes for all or part of its income, provided that no portion of the Council’s income is payable to or available for the personal benefit of a Council member. -
The Real Estate Law Review
[ Exclusively for: Eddy Leks | 04-Apr-14, 08:41 AM ] ©The Law Reviews The Real Estate Law Review Third Edition Editor David Waterfield Law Business Research The Real Estate Law Review Reproduced with permission from Law Business Research Ltd. This article was first published in The Real Estate Law Review, 3rd edition (published in March 2014 – editor David Waterfield). For further information please email [email protected] The Real Estate Law Review Third Edition Editor David Waterfield Law Business Research Ltd THE LAW REVIEWS THE MERGERS AND ACQUISITIONS REVIEW THE RESTRUCTURING REVIEW THE PRIVATE COMPETITION ENFORCEMENT REVIEW THE DISPUTE RESOLUTION REVIEW THE EMPLOYMENT LAW REVIEW THE PUBLIC COMPETITION ENFORCEMENT REVIEW THE BANKING REGULATION REVIEW THE INTERNATIONAL ARBITRATION REVIEW THE MERGER CONTROL REVIEW THE TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS REVIEW THE INWARD INVESTMENT AND INTERNATIONAL TAXATION REVIEW THE CORPORATE GOVERNANCE REVIEW THE CORPORATE IMMIGRATION REVIEW THE INTERNATIONAL INVESTIGATIONS REVIEW THE PROJECTS AND CONSTRUCTION REVIEW THE INTERNATIONAL CAPITAL MARKETS REVIEW THE REAL ESTATE LAW REVIEW THE PRIVATE EQUITY REVIEW THE ENERGY REGULATION AND MARKETS REVIEW THE INTELLECTUAL PROPERTY REVIEW THE ASSET MANAGEMENT REVIEW THE PRIVATE WEALTH AND PRIVATE CLIENT REVIEW THE MINING LAW REVIEW THE EXECUTIVE REMUNERATION REVIEW THE ANTI-BRIBERY AND ANTI-CORRUPTION REVIEW THE CARTELS AND LENIENCY REVIEW THE TAX DISPUTES AND LITIGATION REVIEW THE LIFE SCIENCES LAW REVIEW THE INSURANCE AND REINSURANCE LAW -
Ownership – Acquisition, Proof and Extinction
Ownership Acquisition of ownership Modalities of Acquisition of Individual Ownership . Generally, the law recognizes two types/class of acquiring ownership: Original acquisition, and Derivative acquisition . Ownership is said to be acquired through original acquisition when an individual acquires ownership over a given thing by his own, without depending on anyone's title/ownership. Ownership may be acquires in this manner over a thing which: - has never been owned, res nullius - has had owner but abandoned, res derelictae - has owner, but the new owner doesn’t depend on the pre-existing OP as a source . Derivative acquisition refers to the acquisition of ownership through transfer of ownership. This is a case of buying/taking the right rather than establishing original ownership. It is a derivative mechanism of acquiring ownership. It requires juridical acts and is dependent on the quality of ownership of the original acquirer. Original Acquisition of Ownership . The CC recognizes 4 modes of original acquisition of OP: - Occupation - Possession in good faith - Usucaption - Accession . Some apply to acquisition of OP only on corporeal movables, others to immovable only & some for both. Acquisition of OP by Occupation . No clear definition of the term in the CC . From a systematic reading of Art 1151 we can describe Occupation as: a mode of acquiring OP whereby a person becomes an owner of a masterless corporeal chattel by taking possession of the thing with the intention of becoming owner. Thus, in order to become owner by occupation, the following elements must be fulfilled cumulatively: - The thing must be a corporeal movable - The thing must be susceptible of private appropriation - The thing must be masterless - The person must have taken possession of the thing - The possession must be with intention of becoming owner of the thing. -
Patent Exhaustion Connects Common Law to Equity: Impression Products, Inc
Chicago-Kent Journal of Intellectual Property Volume 17 Issue 1 Article 4 1-18-2018 Patent Exhaustion Connects Common Law to Equity: Impression Products, Inc. v. Lexmark International, Inc. Kumiko Kitaoka Follow this and additional works at: https://scholarship.kentlaw.iit.edu/ckjip Part of the Intellectual Property Law Commons Recommended Citation Kumiko Kitaoka, Patent Exhaustion Connects Common Law to Equity: Impression Products, Inc. v. Lexmark International, Inc., 17 Chi. -Kent J. Intell. Prop. 96 (2018). Available at: https://scholarship.kentlaw.iit.edu/ckjip/vol17/iss1/4 This Article is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Journal of Intellectual Property by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. PATENT EXHAUSTION CONNECTS COMMON LAW TO EQUITY: IMPRESSION PRODUCTS, INC. V. LEXMARK INTERNATIONAL, INC. KUMIKO KITAOKA I. INTRODUCTION ................................................................................ 97 II. BACKGROUND .............................................................................. 101 A. Brief Summary of Impression Products ............................ 101 1. Facts and Procedural Highlights: Imported Modified Single-Use Printer Cartridges ................................... 101 2. The Federal Circuit: Territoriality and Patentees’ Freedom to Contract ................................................ -
Public Auction
Public auction From Wikipedia, the free encyclopedia This article is about an auction on behalf of a government. For auctions open to the public, see Auction. A public auction is an auction held on behalf of a government in which the property to be auctioned is either property owned by the government, or property which is sold under the authority of a court of law or a government agency with similar authority. [edit]Sale of property owned by the government Government property sold at public auction may include surplus government equipment, abandoned property over which the government has asserted ownership, property which has passed to the government by escheat, government land, and intangible assets over which the government asserts authority, such as broadcast frequencies sold through a spectrum auction. Public auctions of government property may be conducted by whichever agency is auctioning the property. Some substantial items have been sold at public auction. For example, the United States Navy cruiser USS Philadelphia (C-4) was sold at such an auction at the Puget Sound Navy Yard in 1927. [edit]Sale of private property in a public auction Private property may be sold in a public auction for a number of reasons. It may be seized through a governmental process to satisfy a judgment rendered by a court or agency, or to liquidate amortgage foreclosure, tax lien, or tax sale. Usually, prices obtained at a public auction to satisfy a judgment are distressed - that is, they are much lower than the price which would be obtained for that property if the seller were free to hold out for an optimal time to sell. -
Report on Prescription and Title to Moveable Property
(SCOT LAW COM No 228) Report on Prescription and Title to Moveable Property report Report on Prescription and Title to Moveable Property Laid before the Scottish Parliament by the Scottish Ministers May 2012 Updated to include corrections to pages vi, 44 and 45, May 2012 SCOT LAW COM No 228 SG/2012/77 EDINBURGH: The Stationery Office £16.00 © Crown copyright 2012 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or email: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Any copyright enquiries regarding this publication should be sent to us at [email protected]. ISBN: 978-0-10-888264-7 Printed in the UK for The Stationery Office Limited on behalf of the Queen’s Printer for Scotland. 05/12 Cover printed on 75% recycled paper Text printed on 100% recycled paper ii The Scottish Law Commission was set up by section 2 of the Law Commissions Act 19651 for the purpose of promoting the reform of the law of Scotland. The Commissioners2 are: Laura J Dunlop, QC Patrick Layden, QC TD Professor Hector L MacQueen Dr Andrew J M Steven. The Chief Executive of the Commission is Malcolm McMillan. Its offices are at 140 Causewayside, Edinburgh EH9 1PR. Tel: 0131 668 2131 Fax: 0131 662 4900 Email: [email protected] Or via our website at http://www.scotlawcom.gov.uk/contact-us NOTES 1. -
Mineral, Rock Collecting and Metal Detecting on the National Forests
MINERAL, ROCK COLLECTING AND METAL DETECTING ON THE NATIONAL FORESTS It is Forest Service policy that the recreational use of metal detectors and the collection of rocks and mineral samples are allowed on the National Forests. Generally, most of the National Forests are open to recreational mineral and rock collecting, gold panning and prospecting using a metal detector. This low impact, casual activity usually does not require any authorization. On some eastern Forests gold panning does require a letter of authorization due to the high clay content of the soils. It is always wise to check with the local District Ranger if you have questions. Some wilderness areas are closed to gold panning and metal detecting. Metal detecting is a legitimate means of locating gold or other mineral specimens and can be an effective prospecting tool for locating larger mineral deposits. This activity can also be conducted as a recreational activity locating lost coins, jewelry or other incidental metallic items of little historical value. Prospecting using a metal detector can be conducted under the General Mining Laws and is covered under the Forest Service 36 CFR 228A locatable mineral regulations for lands open to mineral entry. Metal detecting for treasure trove or lost items such as coins and jewelry is managed as a non minerals- related recreation activity. Metal detecting is a low surface impact activity that involves digging small holes rarely more than six inches deep. Normally, metal detecting does not require a notice of intent or written authorization since it only involves searching for and occasionally removing small rock samples or mineral specimens (36 CFR 228.4(a)).