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The dynamics of enduring property relationships in land

The dynamics of enduring property relationships in land
The dynamics of enduring property relationships in land

This article proposes a new way of looking at property relationships that will enrich our understanding of how they operate. It focuses on property rights in land which are consensual in origin, although this approach could usefully be applied both to non-consensual property relationships and to other property types. Recognising both the temporal and spatial dimensions of land, the dynamics approach reflects the fact that most property relationships are lived relationships, affected by changing patterns and understandings of spatial use, relationship needs, economic realities, opportunities, technical innovations, and so on. Although evolving responsively to accommodate changing uses and new rights-holders, these relationships are nevertheless sustained and enduring. The dynamics lens acknowledges the diverse range of legal, regulatory, social and commercial norms that shape property relations. Our approach also explores how far the enduring, yet dynamic, nature of property relations is taken into account by a range of decision-makers.

property relationships * land * time * complexity * discretionary decision-making
0026-7961
85-113
Blandy, Sarah
374b01c6-804e-4bf1-b139-578a3d81ba27
Bright, Susan
2e657a60-859e-47cf-9e20-f85a571d677e
Nield, Sarah
fbdbe980-98c3-499d-9e9a-b4e9e65c7ddb
Blandy, Sarah
374b01c6-804e-4bf1-b139-578a3d81ba27
Bright, Susan
2e657a60-859e-47cf-9e20-f85a571d677e
Nield, Sarah
fbdbe980-98c3-499d-9e9a-b4e9e65c7ddb

Blandy, Sarah, Bright, Susan and Nield, Sarah (2018) The dynamics of enduring property relationships in land Modern Law Review, 81, (1), pp. 85-113. (doi:10.1111/1468-2230.12317).

Record type: Article

Abstract

This article proposes a new way of looking at property relationships that will enrich our understanding of how they operate. It focuses on property rights in land which are consensual in origin, although this approach could usefully be applied both to non-consensual property relationships and to other property types. Recognising both the temporal and spatial dimensions of land, the dynamics approach reflects the fact that most property relationships are lived relationships, affected by changing patterns and understandings of spatial use, relationship needs, economic realities, opportunities, technical innovations, and so on. Although evolving responsively to accommodate changing uses and new rights-holders, these relationships are nevertheless sustained and enduring. The dynamics lens acknowledges the diverse range of legal, regulatory, social and commercial norms that shape property relations. Our approach also explores how far the enduring, yet dynamic, nature of property relations is taken into account by a range of decision-makers.

Text MLR final revision 21 July 2017 - Accepted Manuscript
Restricted to Repository staff only until 20 October 2018.
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More information

Accepted/In Press date: 21 July 2017
e-pub ahead of print date: 11 January 2018
Keywords: property relationships * land * time * complexity * discretionary decision-making

Identifiers

Local EPrints ID: 412687
URI: https://eprints.soton.ac.uk/id/eprint/412687
ISSN: 0026-7961
PURE UUID: ca9ecf73-3a30-4aa0-8ada-f3e09a0fce71

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Date deposited: 26 Jul 2017 16:30
Last modified: 16 Feb 2018 17:33

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Contributors

Author: Sarah Blandy
Author: Susan Bright
Author: Sarah Nield

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