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
- Distinction reflecting power relationship in property:
- 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
- To have an estate in land means:
- 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'
- 1925 Land Law reforms
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