Category Archives: Property

Douglas Harris, ‘Owning and Dissolving Strata Property’

Abstract Strata or condominium property creates multiple privately owned lots or units within an association of owners. Dissolving strata property involves winding-up the association and terminating the private interests. As a result, the non-consensual dissolution of strata property involves the taking of property from those owners who oppose dissolution. The owners of individual lots become […]

Harris and Reynolds, ‘Property in the City: Special Issue Introduction’

Abstract Cities concern themselves with the organization of space. Their principal work involves the mapping, zoning, regulating, taxing, developing, owning, protecting, patrolling, and servicing of land. As a result, cities exert considerable control over the rights of use that property owners enjoy, but they also make many uses possible through the building of infrastructure and […]

‘Strict Compliance and Wills Act Formalities’

Peter T Wendel, Wills Act Compliance and the Harmless Error Approach: Flawed Narrative Equals Flawed Analysis?, 95 Oregon Law Review 337 (2017). In the law of Wills, the testator’s intent is of upmost importance. If there is clear and convincing evidence of a testator’s intent, then a document intended to be his or her will […]

‘HLS Private Law Workshop; Maureen Brady, From Rocks to Rods: The history and theory of metes and bounds demarcation’

“In the most recent Private Law Workshop, Professor Maureen Brady presented her fascinating historical study of the development of metes and bounds demarcation in property law in pre-Revolution New Haven. New England colonies mandated land recording at least from the early decades of the Seventeenth Century. But these requirements did not specify that the recording […]

Larissa Katz, ‘Legal Forms in Property Law Theory’

Abstract In this paper, I argue that legal forms constitute the available ways of thinking legally about relations between persons in light of how we conceive of persons in law. Legal forms, as normative ideals, do not of course determine what positive law there is nor do legal forms even set out the particularities of […]

Katrina Wyman, ‘In Defense Of The Fee Simple’

Abstract Prominent economically oriented legal academics are currently arguing that the fee simple, the dominant form of private landownership in the United States, is an inefficient way for society to allocate land. They maintain that the fee simple blocks transfers of land to higher value uses because it provides property owners with a perpetual monopoly. […]

David Grinlinton, ‘The Continuing Relevance of Common Law Property Rights and Remedies in Addressing Environmental Challenge’

Abstract Environmental protection and natural resources management is today dominated by legislative measures and administrative procedures. Enforcement and penalty regimes for environmental damage and the management of natural resources are all highly regulated. Nevertheless, there remains the oft-neglected realm of common law rules and procedures available to individuals and public interest groups, and indeed government, […]

Larissa Katz, ‘Philosophy of Property Law, Three Ways’

Abstract Is property in some way basic to our moral lives? Many have thought so. For Aristotle, moral virtues, like liberality, presuppose some idea of property, for one can display liberality only with respect to what is one’s own. For Kant, property is a requirement of freedom in the external world. For Locke, property, allocated […]

Arruñada, Zanarone and Garoupa, ‘Property Rights in Sequential Exchange’

Abstract We analyze the ‘sequential exchange’ problem in which traders have incomplete information on earlier contracts. We show that under sequential exchange, it is in general not possible to simultaneously implement two key features of markets – specialization between asset ownership and control, and impersonal trade. In particular, we show that in contrast with the […]

Mathilde Cohen, ‘Regulating Milk: Women and Cows in France and the United States’

Abstract Animal milk, most commonly cow’s milk, is one of the most heavily regulated commodities in both France and the United States. With the increasing popularity of breastfeeding and the possibility of pumping, freezing, and storing breast milk, a cottage industry has emerged for people wishing to buy, sell, or donate milk produced by humans. […]