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Proceeds of crime--unexplained wealth orders--interim freezing orders--National Crime Agency obtaining unexplained wealth orders and interim freezing orders in respect of three properties--whether orders sought on flawed basis--whether respondents hold property--whether respondents' lawfully obtained income insufficient to obtain property--whether respondents politically exposed persons or involved in serious crime--Proceeds of Crime Act 2002 ss.362A, 362B, 362H, 414--Income Tax (Trading and Other Income) Act 2005 s.620--Corporation Tax Act 2010 ss.1122 and 1123. [ABSTRACT FROM AUTHOR]

Abuse of process--local planning authority--decision to prosecute for failure to comply with planning enforcement notice--evidence local planning authority aware of possibility of confiscation proceedings--claimant pleading guilty in magistrates' court--committal for sentence to Crown Court--judge refusing claimant's application to vacate guilty plea--judge finding prosecution not motivated by economic gain to the local planning authority--whether judge in error. [ABSTRACT FROM AUTHOR]

The article focuses on decision of Alabama Supreme Court in the case Spiller v. Mackereth which is a property dispute between two residents of Tuscaloosa, Alabama. It mentions importance of historical narrative for education and the legal profession and potential costs of narrative and story for classroom dialogue and ideas of legal impartiality. It also mentions interviews with one of the party's attorneys, discussions with parties' family members, and inference.

This article discusses the decision of the High Court of Australia in Grajewski v DPP (NSW)' which held that rendering property temporarily inoperable does not in itself amount to criminal damage. It supports the conclusion reached by the majority that any interference with function or usefulness must be occasioned by an alteration to the physical integrity of the property. This physical change may be slight, temporary or easily reversed and therefore it can be difficult to determine whether damage has occurred, or to distinguish it from conduct which interferes with the functionality of the property. The article examines a broader concept of property damage called "temporary functioned derangement'' which would encompass both attaching a wheel clamp to a car and letting air out of a tyre. It concludes that it would not eliminate the need to draw fine or apparently arbitrary distinctions based on how precisely the property came to be inoperable. [ABSTRACT FROM AUTHOR]

As we approach Justice Lionel Murphy’s 100th birthday on 30 August 2022, this article explores and renews a significant aspect in the jurisprudence of this truly radical judge: the social relations or progressive view of property. Justice Murphy both identified and judicially expounded this view well before the American social relations or progressive schools. And rather than merely identifying it as some intellectual museum piece, the article also builds on it. The article contains five parts. Part I contextualises the jurisprudential debates surrounding property. Part II recounts Justice Murphy’s judicial radicalism. Part III explores the elements of Murphy’s progressive-relational view of property. Part IV applies the elements of Murphy’s progressive-relational property to the High Court’s recent native title decision in Northern Territory v Griffiths (Ngaliwurru and Nungali Peoples). Part V offers some concluding reflections on the bright future for property found in Murphy’s conception. [ABSTRACT FROM AUTHOR]

This article aims to challenge the clear distinction between the diffuse ownership structure--which exists in England and the United States--and the concentrated ownership structure which exists in the rest of the world. A study of the economic and legal reality of Anglo-American law and Continental law shows that the traditional ownership structures in both legal systems have significantly weakened. I discuss the normative implications of the decreasing concentrated ownership structure and argue that the current corporate governance rules are outdated because the distinction between diffuse and concentrated ownership structures is no longer valid. In particular, I propose that the rules of corporate governance in markets with concentrated ownership structure should be redesigned to represent the new balance of power between the controlling shareholder and the minority shareholders through an innovative model that I call the Relative Corporate Governance Regime. This model suggests rearticulating corporate law and governance in a manner that considers the ratio of holdings between the controlling shareholder and the minority shareholders; the size and scope of the company's activity; the activity that the company is engaged in; and its consequences for the market's overall financial stability. For many years, lawmakers, courts and jurists have been debating how to protect the rights of minority shareholders in transactions involving controlling shareholders. In this paper, I show how the Relative Corporate Governance Regime model contributes to the choice between protecting the rights of minority shareholders through a property or liability rule. [ABSTRACT FROM AUTHOR]

In most Canadian jurisdictions, default family property law regimes exclude gifts and inheritances from the property that will be divided between divorcing couples. In Quebec, this exclusion is not only present in the default regime (the partnership of acquests) but rendered mandatory by the public order nature of the "family patrimony"--a construct determining the property that will be shared equally between spouses upon their divorce. This article examines default regimes of family property in Ontario and Quebec and analyzes the justifications provided by the provincial legislators for excluding gifts and inheritances from the mass of assets that will be divided between the spouses. The article then traces the various ways in which gifts and inheritances, both within and outside the couple, have been restricted through Roman, civil, and common law, and finds that these restrictions are tied to a desire to maintain property within the spouses' natal families. Finally, the article argues that the exclusion of gifts and inheritances points to a conception of the family tied not to marriage and choice, but to "family" understood as bloodlines, which is out of step with today's contemporary values and betrays the portrait of marriage otherwise painted in family property legislation. [ABSTRACT FROM AUTHOR]

The animal rights movement largely focuses on protecting species whose suffering is most visible to humans, such as pets, livestock, and captive mammals. Yet, we do not observe how unsustainable land development and fishing practices are harming many species of wildlife and sea creatures. Fish and wildlife populations have recently suffered staggering losses, and they stand to lose far more. This Article proposes a new legal approach to protect these currently overlooked creatures. I suggest extending property rights to animals, which would allow them to own land, water, and natural resources. Human trustees would manage animal-owned trusts managed at the ecosystem level--a structure that fits within existing legal institutions. Although admittedly radical, an animal property rights regime would create tremendous gains for imperiled species with relatively few costs to humans. [ABSTRACT FROM AUTHOR]

The article provides background on some of the regulations that significantly interfere with property owners' ability to use their property to the fullest extent possible within the new economy. It further discusses potential challenges to the regulations that fail to protect homeowners from strict regulatory schemes.

The twin notions of exclusion and possession dominate our cultural and legal conceptions of property. This Article uses the lens of hedonics--the emergent science of happiness--to make a case for the less appreciated notions of inclusion and dispossession. Evidence from this new field shows that owners maximize their welfare, not when they amass land and chattels and keep others away from them, but when they pursue the polaropposite strategies of inclusion and dispossession, such as sharing their property, donating it to charity, or giving it away. This Article begins its defense of inclusion and dispossession by providing background about the idea of happiness and law, an increasingly important conceptual framework for welfarist analysis of law and policy. It then reviews the hedonics evidence about property, which reveals that despite the hegemony of exclusion and possession, what increases owners' subjective well-being is using their property to create social ties, to give it to a meaningful cause, or just to get rid of it. The Article then considers specific strategies of inclusion and dispossession. The Article reveals unappreciated ways that inclusion and dispossession enhance owners' subjective well-being, and then suggests particular forms of choice architecture that have the potential to optimize the overall social welfare produced by each of them. Finally, this Article concludes by considering the implications for property theory of the novel notions of inclusion and dispossession, emphasizing that this claim works to enrich, not undermine, the institution of private ownership. [ABSTRACT FROM AUTHOR]

The article focuses on several decisions concerning North Carolina property law that were made by the Court of Appeals and not reviewed by the Supreme Court. Topics include Rowlette v. State case addressing state's retention of interest earned on unclaimed personal property in its possession; Sylva Shops Limited Partnership v. Hibbard case on wavier of landlord's duty to mitigate damages; and New Bar Partnership v. Martin case on the application of Rule Against Perpetuities in a lease.

Taking its point of departure from the decision of the United Kingdom Supreme Court in FHR European Ventures, this article seeks to bring cross-disciplinary perspectives to bear on the question whether an agent should hold the bribe he has received on constructive trust for his principal. Economising models are employed and the results interpreted by reference to the Calabresi and Melamed tripartite scheme of property rule, liability rule and inalienable right. The results are at least three-fold. First, an effective legal rule responding to the problem of harm caused by corruption must recognise and take account of differences between competitive and non-competitive environments and auditing or monitoring possibilities. Second, a property rule fails to do that. Third, ignoring such endogenous and exogenous variables, it overestimates or underestimates the harm suffered by victims of corruption. [ABSTRACT FROM AUTHOR]

The paper begins with the recognition that land is scarce in Singapore and looks at how Singapore responds to the situation. The property law course in NUS which has evolved over the years is then considered and is assessed to be what it is today as a result of careful and meticulous planning. The students' experience in the learning of property law has been enhanced and enriched by the Faculty's teaching and research in the subject. Going forward, property law legal education in NUS will continue to develop to meet the future needs of the legal community and Singapore. [ABSTRACT FROM AUTHOR]

The article focuses on the way innovative litigation has inspired systems change and a local culture of collaboration for resolving vacant and abandoned properties in Memphis, Tennessee. Topics discussed include political, policy, and legal lessons learned while developing and implementing a citywide litigation strategy; issues surrouding property epidemic in the city; and use of multi-sector partnerships for addressing the same.

This article is about the origins, betrayal, and litigation of a promise of law. In 1942, while it ordered the internment of over twenty-one thousand Canadians of Japanese descent, the Canadian government enacted orders in council authorizing the Custodian of Enemy Property to seize all real and personal property owned by Japanese Canadians living within coastal British Columbia. Demands from the Japanese-Canadian community and concern from within the corridors of government resulted in amendments to those orders stipulating that the Custodian held that property as a "protective" trust and would return it to Japanese Canadians at the conclusion of the war. That is not what happened. In January 1943, a new order in council authorized the sale of all property seized from Japanese Canadians. The trust abandoned, a promise broken, the Custodian sold everything. This article traces the promise to protect property from its origins in the federal bureaucracy and demands on the streets to its demise in Nakashima v Canada, the Exchequer Court decision that held that the legal promise carried no legal consequence. We argue that the failure of the promise should not obscure its history as a product of multi-vocal processes, community activism, conflicting wartime pressures, and competing conceptions of citizenship, legality, and justice. Drawing from a rich array of archival sources, our article places the legacy of the property loss of Japanese Canadians at the disjuncture between law as a blunt instrument capable of gross injustice and its role as a social institution of good faith. [ABSTRACT FROM AUTHOR]

This article critiques our focus on possession as the cornerstone of theories of property, examining the limitations of possession both as a theoretical concept and as a practical one. Second, the article examines how an investment-based labor approach has sharply shaped our understandings of possession. By examining the intertwining of possession and labor during colonization, the article describes how the labor approach to possession excluded more communal corollaries and instilled in American property law a consistent push toward grounding land claims at the labor-possession nexus. Re-thinking the labor-possession nexus yields important shifts. First, labor matters for reasons other than investment-backed expectations. Labor matters because the loss of investments often means violence. There is a reason for the historical correlation between changes in property rights and revolutions. Focusing investment critically places property as a first-order value when it is, in fact, a second-order value or a means to a social end (specifically, non-violence). Second, focusing on labor as investment also places such an extraordinary emphasis on possession that American scholars and courts rarely think much about dispossession. Our emphasis on possession rather than dispossession frames American property law in terms of vested rights to such a degree that while scholars may think in terms of social relations theories, American property law is stuck thinking in terms of individual ownership rights even when the courts acknowledge the social nature of property arrangements. [ABSTRACT FROM AUTHOR]

This article examines the recently decided case Murr v. Wisconsin, demonstrating how the Supreme Court's decision dodged the hard questions latent in applying the "parcel-as-a-whole" test of Penn Central Transportation Co. v. City of New York to two contiguous parcels that for some limited period of time came under common ownership by different routes. The first part examines how the case should have been decided under Penn Central and concludes that Chief Justice John Roberts, the primary dissenter, had by far the better of the argument in insisting that state property lines should govern in preference to the complex facts-and-circumstances test championed by Justice Anthony Kennedy, who wrote for the Court. A simple mistake in conveyancing, easily avoided, should not wipe out development rights that any other owner could possess over the undeveloped parcel. The second part of this article attacks the dominant Penn Central test that makes the availability of any compensation turn on the ratio of the value taken to the full value of the parcel. The same political considerations that justify a per se compensation rule (subject to a police-power exception) in physical cases apply equally in the regulatory context, given that both circumstances present opportunities for majoritarian abuses. The article then examines many of the cases cited in Penn Central, and some decided after it, in relation to the taking of partial interests in land, be they air rights, mineral rights, liens, or covenants and concludes that a simple rule that sets compensation equal to the fair market value of the property lost outperforms on administrative and welfare grounds the Penn Central test. That test fails because it ignores huge private losses created by takings so long those losses do not result in a sufficient diminution of the property's value, a standard that is nowhere either articulated or defended. As such, Penn Central should be overruled or cut down in size. [ABSTRACT FROM AUTHOR]

The article focuses on the civil property-related disputes during U.S. Supreme Court Chief Justice John G. Roberts tenure. Topics discussed include constitutional and statutory protections afforded to owners of the property; analysis of civil property-related disputes between property owners and government entities involving criminal law; and the way Roberts Court has reshaped the Court's approach to property law mainly focusing on civil cases that involve constitutional issues.

The article offers information on the impact of wars and their aftermath on property relations in the context of Germany. Topics discussed include fate of German public-sector and private-sector bonds issued during the Weimar Era; Korber v. Bundesrepublik Deutschland court case which deals with cash in the bonds; and framework for personal injury and property injury.

The article discusses Australia High Court case Ainsworth v Albrecht which deals with dispute between owners of lots in community titles scheme and proposal put to body corporate for alteration of rights of lot owners to allow lot owner exclusive use of common property.

The article presents various U.S. Supreme Court cases on eminent domain and property rights. Topics discussed include U.S. Supreme Court case Horne v. Department of Agriculture which deals with personal property; United States v. Carolene Products Co. which deals with Court established the system of heightened scrutiny for laws targeting discrete and insular -minorities; and Lochner v. New York which deals with right of freedom of contract.

Since March 2015, China has been implementing a nationwide unified real property registration structure. This article explains the objectives and measures of this ambitious project against the background of the current system which is fraught with complexities, difficulties and local variations. The move represents significant progress in the regulation and administration of real property in line with the vision of streamlined registration explicitly provided for in statutes such as the Property Law of PRC (2007). Nevertheless, within this undoubtedly positive reform, the currently unclear relationship between property law and property registration is left unattended. With reference to comparative materials from England, Scotland and Australia, this paper identifies some of the unanswered questions that would have serious implications on the integrity and reliability of the real property register as a whole, especially in the context of fraud and forgery. [ABSTRACT FROM AUTHOR]

The article discusses the court case Drakeford v. Cotton and Stain which discusses the settlement of the original trustees and executors of the trust property. Topics discussed include the identification of beneficial ownership of money in the accounts between siblings, the decision of the court regarding the ownership of the jewellery, and the accounts numbers in the Coventry Building Society.

In 2013, Mount St. Helens was listed in the National Register of Historic Places for its significance as a Traditional Cultural Property (TCP) of the Cowlitz Indian Tribe and the Confederated Tribes and Bands of the Yakama Nation. The mountain, known as Lawetlat'la by the Tribal groups, qualified for listing in the National Register as a landscape feature central to their oral traditions, geography, and cultural identity. The area designated as a TCP encompasses 12,501 acres of the Mount St. Helens National Volcanic Monument on the Gifford Pinchot National Forest of southwestern Washington State. The nomination process took several years, and was a collaborative effort between the Gifford Pinchot National Forest and Cowlitz Indian Tribe. TCP nominations and listings are infrequent; of more than 80,000 properties on the National Register of Historic Places as of 2014, Lawetlat'la is only the 23rd TCP listed nation-wide. We present this case study as an example of how a cooperative relationship between federal/tribal partners was fundamental to the nomination process, and will remain important for future management of this Northwest landmark. [ABSTRACT FROM AUTHOR]

The article discusses a court case GH v R wherein the Supreme Court of Great Britain considered the issues of criminal property, confiscation, money laundering and theft under the Proceeds of Crime Act 2002 (POCA). The Court upheld the authority of the Court of Appeal to determine if the property in question was acquired illegally or with criminal character. The facts of the case is presented.

The article demonstrates that Great Britain's Supreme Court's decision in Scott v Southern Pacific Mortgages distorts long-settled principles of property law in combining the correct decision on the facts (against Mrs Scott) with the egregious analysis of judge Lord Oliver in the court case Abbey National Building Society v Cann. Topics include Oliver's decision in Cam that a funded purchase results in a ready-mortgaged freehold and the issue of pre-completion tenancies.

The article looks at "McAuley v. Chalmers" case of the Outer House of the Scottish Court of Session. It mentions that the case came to the court due to an dispute concerned the ownership of a flat in Glasgow, Scotland. Topics discussed include forging related to disposition; disposition purports to convey the property from the pursuer; and the Scottish Partnership Act 1890.

The article discusses the common intention constructive trust which provides justification for the courts' exercise of remedial discretion in Great Britain. Topics discussed include primary-rights approach which causes difficulties for a coherent analysis of the law, imputation which is a process of attributing an intention to parties that they never had, and analysis done by Great Britain Court of Appeal on cases related to investment properties.

The article looks at the regulations related to gifted deposits and indemnity insurance in England as of April 2015. Topics discussed include need of indemnity insurance before exchange of property contracts; the property the donor's bankruptcy as mentioned in the Council of Mortgage Lenders' Handbook; and the British Insolvency Act 1986.

The article discusses how quitable mortgage, allowing a repossession and sale by the mortgagee without an order of the court is undesirable. Topic discussed include British High Court Chancery division's "Swift 1st Ltd v. Colin;" laws related to property possession under British Land Registration Act 2002; and desirability of a court order prior to possession for mortgages as per the British Administration of Justice Act 1970.

The article looks at the Schedule 6 of the British Land Registration Act 2002 which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925. Topics discussed include decisions of the British Court of Appeals in "Baxter v. Mannion" and "Best v. Chief Land Registrar;" rules related to adverse possession under the Schedule 6; and basis for encroachment rule in tenant encroaches on landlord's land.

The article looks at the Scottish Land and Buildings Transaction Tax (LBTT) regulations that replaced the Stamp Duty Land Tax (SDLT) as of April 2015. Topics discussed include increased taxation rates as per non-residential SDLT, provision of residential services and management charges as per the Landlord and Tenant Act 1985; and the British court case "Baynton v. Morgan."

The article looks at the "Begum v. lssa"of the Court of Chancery in England and Wales in which the court had to determine was whether the claimant mother and her two children could remain in the property until the youngest child finished her education. Topic discussed include priority provisions of the Land Registration Act 2002, the Trusts of Land and Appointment of Trustees Act 1996, and laws related to legal and equitable ownership.

The author argues on the need of implementing reforms in civil forfeiture in the U.S. Topics discussed include legal and Biblical religious history behind the origin of civil forfeiture, significance of forfeiture as an action filed directly against property under the Civil Asset Forfeiture Reform Act (CAFRA), and the role of CAFRA along with burden of proof in enhancing law enforcement for civil forfeiture.