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Strata Title Property Rights

Strata Title Property Rights 1

Private Governance of Multi-Owned Properties

by Cathy Sherry
Hardback
Publication Date: 01/01/2017
5/5 Rating 1 Review

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Multi-owned properties make up an ever-increasing proportion of commercial, tourist and residential development, in both urban and rural landscapes around the world. This book critically analyses the legal, social and economic complexities of strata or community title schemes. At a time when countries such as Australia and the United States turn ever larger areas into strata title/condominiums and community title/homeowner associations, this book shows how governments, the judiciary and citizens need to better understand the ramifications of these private communities.

Whilst most strata title analysis has been technical, focusing on specific sections of legislation, this book provides higher level analysis, discussing the wider economic, social and political implications of Australia's strata and community title law. In particular, the book argues that private by-laws, however desirable to initial parties, are often economically inefficient and socially regressive when enforced against an ever-changing group of owners. The book will be of particular interest to scholars and legal practitioners of property law in Australia, but as the Australian strata title model has formed the basis for legislation in many countries, the book draws out lessons and analysis that will be of use to those studying privately-owned communities across the world.

ISBN:
9781138914926
9781138914926
Category:
Property law
Format:
Hardback
Publication Date:
01-01-2017
Language:
English
Publisher:
Routledge
Country of origin:
United States
Dimensions (mm):
241x157x22mm
Weight:
0.52kg

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Highly recommended text on a specialist yet increasingly relevant part of the law. Professor Sherry's lively, engaging writing draws the reader in as she explores the intricacies of this relatively new form of ownership, 'strata' or 'community' title. Tracing its origins to the early leasehold estates of 19th century and the line of English cases limiting the use of covenants of positive obligation, with the notable exception of Tulk v Moxhay, Sherry charts the different approaches adopted in the UK, US and Australia over the past 150 years. A unique and very readable overview of its subject and current developments in this latest evolution of property law that is affecting an increasing number of Australian home owners.

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