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Geography and Property –Concepts - Instruct Uwo

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					Geography and Property –
Concepts


  Jan.22, 2013
  Geography 3415 Geographic Perspectives
  on Law and Society
  Instructor: G.J. Levine, Ph.D.
Outline
o   Properties of Property
o   Divisions in the Law of Property
o   Properties and Boundaries
o   Public/private Divide
Properties of Property - Ziff
o   Property as bundle of rights –
     entitlements created by law

o   Elements – Honore – use, possess,
     manage, derive income, own capital,
    transmit

o   Core – Recognizable rights which are
     transferable, bind third parties
Divisions in the Law of Property –
1- Ziff
o   Private property – ownership by
    the individual

o   Public and Common Property – public
    property is property subject to state
    control and state enforced exclusion;
    common or communal property is
    property owned by groups
Private Property Not Absolute and
is Contestable
o   Ziff says that property is contestable
    – it is a social construct; a product of
    a time and place (not immutable or
    “natural”)
o   Private property rights are not
    absolute - expropriation
Divisions in the Law of Property –
2- Ziff
o   Real property – land and fixtures

o   Personal property – tangible
    (chattels) and intangibles (stocks,
    bonds, etc)
Interest in Property
o   Ownership

o   Leasehold

o   Collective Title – Aboriginal Title
Social Aspects of Property - Ziff
o   Concentration of Wealth – disparities
    by class and gender
Geography and Property - Blomley
o   Spatial nature of property (at least
     some property);

o   Legal Geographies – boundaries;
     spatial inscriptions of law

o   Spaces are legally saturated
The Boundaries of Property -
Blomley
o   Importance of legally constituted and
     policed spaces

o   Property has legal and metaphorical
     boundaries – actual delineations but
    also social meanings and divisions

o   Boundaries as porous
Two Terms
o   Encroachment – the act of extending one’s
     own rights at the expense of others
    particularly by taking in adjoining land to
    make it a part of one’s own (Oxford
    Dictionary of Law)

o   Adverse Possession- occupying an other’s
     land to the exclusion of all others –
    possession must be open, notorious and
    continuous (Pocket Dictionary of Canadian
    Law)

				
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