Owning land

  • Created by: jesskeayy
  • Created on: 04-05-19 20:13
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  • Property and power
    • 1925 Land Law reforms
      • Abolished all legal estates except the freehold (fee simple) and leasehold, incl. fee tail (estate passed onto one's heirs)
      • Other estates could only exist in equity
      • Allowed a lot of land to enter the market
      • Opposed by the aristocracy in HOL due to power implications
    • Order of power(least to most): licence, leasehold, freehold
    • Leases & Licences
      • Distinction reflecting power relationship in property:
        • Power to exclude landlord and all others
        • Protection from re-rent increases
        • Repair and upkeep of property by landlord
        • Deposit protection
        • Protection from re termination
      • Leaseholders have power over licensees, but freeholders have power over leaseholders
    • Estates
      • To have an estate in land means:
        • Power to determine who'll have access to the land, and what conditions are on this
        • Power to determine rents: what happens now, in the future and what part of social product belongs to the landlord
        • Indirect power to compel labour
        • Private property rights: decision about how to use resources if left to individuals who act in no-ones interest but their own. Their decisions will affect others and given state force
        • Preservation of natural right of man. Rights: liberty, property, security and resistance to oppression
    • Private property limits: s.226-229, 231 Town and Country Planning Act 1990, s.41, 44 Civil Aviation Act 1982, Leasehold Reform Act 1967, Infrastructure Act 2015
    • Stewardship: we are not private owners. 'Private property' entails 4 extensive rights to control land:
      • Right to exclude, control and alienate in relation to land
      • Retain some private control over land, making not all land 'common land'
      • Everyone is a steward of land, having to use land carefully with regard for the interests of others
      • Control over development of land, profit of land
    • Owning land:
      • Confers powers over others
      • Everyone needs access to land
      • Jeremy Bentham: 'society is held together only by the sacrifices than men can be induced to make of the gratifications they demand'

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