Property Rights In Land

Property Rights in Land widens our understanding of property rights by looking through the lenses of social history and sociology, discussing mainstream theory of new institutional economics and the derived grand narrative of economic development. As neo-institutional development theory has become a narrative in global history and political economy, the problem of promoting global development has arisen from creating the conditions for ‘good’ institutions to take root in the global economy and in developing societies. Written by a collection of expert authors, the chapters delve into social processes through which property relations became institutionalized and were used in social action for the appropriation of resources and rent. This was in order to gain a better understanding of the social processes intervening between the institutionalized ‘rules of the game’ and their economic and social outcomes. This collection of essays is of great interest to those who study economic history, historical sociology and economic sociology, as well as Agrarian and rural history.

A new understanding of the causes and consequences of incomplete property rights in countries across the world.

Phillipp Schofield is Professor of Medieval History and Head of the Department of History and Welsh History, Aberystwyth University. His research interests focus on rural society in England in the high and late Middle Ages.

"This book brings together a variety of perspectives to provide a comprehensive analysis of the important issue of property rights, which continues to animate the body politic of Australia and Canada in particular. As such, it will be of interest to students and scholars of colonial history, property theory, indigenous studies, and law, as well as to judges, lawyers, and the inquisitive general reader."--BOOK JACKET.

When it comes to urban planning, to what extent and under what conditions should the community’s interest prevail over the rights of private property owners? Public Interest, Private Property addresses this question at a time when pollution, urban sprawl, and condo booms are forcing municipal governments to adopt prescriptive laws and regulations. Case studies focus on spheres in which public values and private property rights collide – expropriation law, natural resources regulation, green development, and water provision – laying the groundwork for more active debates on the issues currently shaping our cities.

The authors not only investigate the current forms of property rights on reservations but also expose the limitations of each system, showing that customary rights are insecure, certificates of possession cannot be sold outside the First Nation, and leases are temporary. As well, analysis of legislation, court decisions, and economic reports reveals that current land management has led to unnecessary economic losses. The authors propose creation of a First Nations Property Ownership Act that would make it possible for First Nations to take over full ownership of reserve lands from the Crown, arguing that permitting private property on reserves would provide increased economic advantages. An engaging and well-reasoned book, Beyond the Indian Act is a bold argument for a new system that could improve the quality of life for First Nations people in communities across the country.

"This practical guide provides a succinct overview of the principles of the common law of property in Canada's common law provinces and territories and a guide to the history and fundamental principles of Aboriginal title. This 2nd edition incorporates new and leading cases in real and personal property in context with statutes from across Canada highlighting intervening changes in the law since the publication of the first edition."--Publisher.