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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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The Acquisition of Immovables Through Long-Term Use

Edited by: Björn Hoops, Ernst Marais

ISBN13: 9781839701658
Published: January 2022
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £142.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

In this book, which is part of the Common Core of European Private Law series, reporters consider legal institutions that allow persons who have occupied the private or public land of others to acquire that land through mere long-term use.

Rules permitting such acquisition have existed since Roman times and are said to promote legal certainty as regards ownership of land. The reporters investigate how these rules work in their legal systems today and whether this justification still holds water, especially given that land is now registered in most countries. Registration seems to obviate the necessity for rules permitting acquisition of land through mere long-term use, as land registration systems create clarity as to who owns the land. The continued existence of these rules also comprises a human-rights dimension. Landowners enjoy constitutional property protection under many constitutions and other legal instruments, which draws the constitutional validity of rules on long-term use into question. Yet, the rights to housing and human dignity are also relevant, especially where such users have lived on the land for extended periods and regard it as their home or where they are vulnerable to landlessness. As such, these rights must be balanced against each other.

The reporters represent 20 jurisdictions from all over the word, including civil law, common law and mixed legal systems, and are from both the global north and the global south. A comparison between these legal systems and their experience with their rules on long-term use reveals a common core and guidelines against which these rules may be measured in other countries. As such, this book will be valuable to practitioners dealing with both private and public law, academic lawyers and government officials tasked with land use planning.

Subjects:
Property Law
Contents:
PART I. INTRODUCTORY MATTERS
A Comparative, Historical and Theoretical Introduction to the Law on Acquisitions of Immovables through Long-Term Use
PART II. CASE STUDIES
General Introductions
Case 1. Living on Another’s Land without Permission
Case 2. Unknown Owner
Case 3. Extending Boundaries of Residential Land onto Land Owned by a Municipality
Case 4. Impugned Transfer
Case 5. Boundary Disputes
Case 6. Creation of Limited Land Rights after the Occupation
Case 7. Unlawful Use by Tenants
Case 8. Sale without Registration
Case 9. Offer to Purchase/Rent Land
Case 10. The Missing Heir
PART III. GENERAL CONCLUSIONS
Comparative Analysis – Case 1
Comparative Analysis – Case 2
Comparative Analysis – Case 3
Comparative Analysis – Case 4
Comparative Analysis – Case 5
Comparative Analysis – Case 6
Comparative Analysis – Case 7
Comparative Analysis – Case 8
Comparative Analysis – Case 9
Comparative Analysis – Case 10
The Final Search for the Common Core of Acquisitions of Immovables through Long-Term Use

Series: The Common Core of European Private Law

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