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Article
Publication date: 10 April 2017

Michael W. Poulsom

The purpose of this paper is to explore how S.62 LPA 1925 and its equivalent provisions in other jurisdictions have been interpreted as having the capacity to create new easements

Abstract

Purpose

The purpose of this paper is to explore how S.62 LPA 1925 and its equivalent provisions in other jurisdictions have been interpreted as having the capacity to create new easements. It is intended to identify that the theoretical justification for this interpretation can be viewed as flawed, and that its practical implications are unsatisfactory. It intends to restate the need for reform and to challenge arguments that this interpretation is correct and justified.

Design/methodology/approach

This paper examines and analyses the origins of the principle that S.62 LPA 1925 can create new legal rights, consider similar provisions from other jurisdictions, examine recent attempts to justify the creative effect of the section and offer observations on proposals for reform.

Findings

It is found that the ability of S.62 LPA 1925 to create legal easements from precarious rights has been replicated in many jurisdictions, has been widely criticised as both incorrect in principle and problematic in practice and has been the subject of well-reasoned and workable proposals for reform for more than 40 years.

Originality/value

From both theoretical and property practitioner perspectives, this paper highlights the lack of justification for the principle that S.62 LPA can create easements from precarious rights, challenges the arguments for retaining the principle and offers practical proposals drawn from several jurisdictions as to how the section and its equivalent provisions abroad could be reformed.

Details

International Journal of Law in the Built Environment, vol. 9 no. 1
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 1 April 2002

Norman E. Hutchison and Jeremy Rowan‐Robinson

In the UK over the last 20 years there has been a proliferation in the statutory provisions for wayleaves. The utilities requiring wayleaves such as the water, gas and electricity…

1443

Abstract

In the UK over the last 20 years there has been a proliferation in the statutory provisions for wayleaves. The utilities requiring wayleaves such as the water, gas and electricity companies have now been joined by cable TV and a host of telecommunications providers. All have access to compulsory powers. However, there are variations between these powers and between the compensation arrangements. The main objective of this article is to examine whether the compensation arrangements are now appropriate, following the privatisation of the gas, electricity, water and telecommunication companies. The article considers the results of a six‐month study of wayleaves funded by the RICS, which was completed in 2000, and recommends that, in order to strike a fair balance between the interests of the utilities and the landowners, legislative change is required. Claimants should not merely be entitled to the financial equivalent of their loss, but instead a consideration should be paid reflecting, in effect, a rental for the wayleave.

Details

Journal of Property Investment & Finance, vol. 20 no. 2
Type: Research Article
ISSN: 1463-578X

Keywords

Article
Publication date: 1 May 1999

Norman Hutchison, Andrew Cameron and Jeremy Rowan‐Robinson

This paper examines the measure of compensation payable for electricity wayleaves through afforestation and considers the merits of using a discounted cash flow approach to…

1753

Abstract

This paper examines the measure of compensation payable for electricity wayleaves through afforestation and considers the merits of using a discounted cash flow approach to calculate the level of compensation. The research finds that the majority of negotiations take place “under the shadow” of compulsory powers and that the measure of compensation is based on the principle of equivalence; the compensation payable being the loss to the landowner and not the gain to the electricity supply company. It concludes that great caution is needed when applying a discounted cash flow approach to the valuation of afforestation owing to the large number of inputs and the sensitivity of the estimated land value to changes to key variables such as the discount rate and tree species.

Details

Journal of Property Investment & Finance, vol. 17 no. 2
Type: Research Article
ISSN: 1463-578X

Keywords

Article
Publication date: 1 March 2006

Martin Weiss

The purpose of this paper is to construct a framework for discussion and future studies of the secondary use of electromagnetic spectrum.

Abstract

Purpose

The purpose of this paper is to construct a framework for discussion and future studies of the secondary use of electromagnetic spectrum.

Design/methodology/approach

The paper establishes some useful definitions and then systematically applies them to the secondary use case. This is extrapolated to develop a framework.

Findings

It is important to be careful to circumscribe discussions around secondary use, as each component of the framework poses different problems for implementation and research.

Originality/value

The paper proposes a way to structure the discussion of and research into secondary use of electromagnetic spectrum, which can apply significant clarity to future work in this area.

Details

info, vol. 8 no. 2
Type: Research Article
ISSN: 1463-6697

Keywords

Article
Publication date: 1 July 2004

Paul Chynoweth

This study introduces a series of articles which respond to Pitts' call for a debate into current rights to light practice. It summarises relevant areas of law as well as current…

Abstract

This study introduces a series of articles which respond to Pitts' call for a debate into current rights to light practice. It summarises relevant areas of law as well as current measurement and valuation practices in this area. Describes the Waldram methodology, grumble point, fifty‐fifty rule and the concept of equivalent first zone loss. It also shows how these concepts are used to determine the amount of damages payable where a right to light has been infringed and calls for others to contribute to the debate proposed by Pitts.

Details

Structural Survey, vol. 22 no. 3
Type: Research Article
ISSN: 0263-080X

Keywords

Content available
Article
Publication date: 10 April 2017

Francis Sheridan King

263

Abstract

Details

International Journal of Law in the Built Environment, vol. 9 no. 1
Type: Research Article
ISSN: 1756-1450

Article
Publication date: 27 May 2014

Daniel A. Moscovici

The purpose of this paper is to investigate historical environmental destruction and subsequent land use policies enacted over the last 400 years in the Adirondacks Park &…

Abstract

Purpose

The purpose of this paper is to investigate historical environmental destruction and subsequent land use policies enacted over the last 400 years in the Adirondacks Park & Preserve – America's largest park and preserve in the lower 48 states.

Design/methodology/approach

The paper includes a historical analysis using an extensive literature review. The historical analysis is divided into four distinct waves of time analyzing the specific environmental destruction and the policies enacted. They closely mimic century waves: 1700s, 1800s, 1900s, and the present 2000s.

Findings

Findings indicate that each of the major policy or land use instruments applied to the Adirondack region were appropriate at the time, however, were retroactive approaches to stem widespread environmental devastation. These strong measures still impact the region today, impairing the 2.5 million ha and the ability to ensure a sustainable future of environmental protection, economic prosperity, and societal well-being. The conservation easement as a tool can proactively return the region to a sustainable balance.

Originality/value

While there have been studies analyzing the historical importance and others highlighting the political uniqueness of the Adirondacks, this paper fills the gap in reframing the history and policies in a sustainable planning paradigm. Exposing retroactive responses when the environment was on the brink of destruction, the paper suggests a proactive approach using the conservation easement. Here, sustainability can be achieved through partnership between government, non-profit, and private business. This collaboration can build on one of the best regional planning models in the nation and ensure a balance between environment, economy, and society for more than one century wave.

Details

World Journal of Science, Technology and Sustainable Development, vol. 11 no. 2
Type: Research Article
ISSN: 2042-5945

Keywords

Book part
Publication date: 27 April 2004

Constance E. Bagley and Gavin Clarkson

This paper focuses on two related questions at the intersection of antitrust and intellectual property law. First, under what circumstances must the holder of a patent or a…

Abstract

This paper focuses on two related questions at the intersection of antitrust and intellectual property law. First, under what circumstances must the holder of a patent or a copyright or the owner of a trade secret allow others to use that intellectual property? Second, under what circumstances can the holder of an intellectual property right use that right to make it difficult for another party to succeed in a related market? These questions have vexed antitrust and intellectual property scholars alike ever since the Federal Circuit ruled in 2000 that patent holders “may enforce the statutory right to exclude others from making, using, or selling the claimed invention free from liability under the antitrust laws,” a ruling that directly contradicted the Ninth Circuit ruling that antitrust liability could be imposed for almost identical conduct, depending on the motivations of the patent holder. The various proceedings in United States v. Microsoft only added fuel to the firestorm of controversy.After briefly retracing the jurisprudential path to see how this situation arose, we propose a solution that primarily involves a variation on the real property concept of adverse possession for the intellectual property space along with a slight extension of the Essential Facilities Doctrine for industries that exhibit network effects. We examine, both for firms with and without market power, how our proposal would resolve the situations presented by large fixed asset purchases, the introduction of entirely new products, and operating systems with network effects. We also demonstrate how our proposal could be applied in the European antitrust enforcement context.

Details

Intellectual Property and Entrepreneurship
Type: Book
ISBN: 978-1-84950-265-8

Article
Publication date: 1 December 2003

Deborah Mongeau

Coastal access has been, and continues to be, a controversial issue with both beachgoers and adjoining property owners having equally compelling legal rights to use and enjoy the…

731

Abstract

Coastal access has been, and continues to be, a controversial issue with both beachgoers and adjoining property owners having equally compelling legal rights to use and enjoy the shore. Federal, state and local governments have tried to provide for the high demand for recreational coastal access while accommodating the shorefront property owners through legislation, regulation, land use planning programs, and technical assistance. Budget cuts and reduction of resources experienced by most governments require that they create or adapt low cost and effective public access programs. This selective annotated bibliography highlights a variety of resources that describe or advocate successful public coastal access policies and programs which may be utilized by government entities or other public policy making bodies in implementing their own access programs.

Details

Reference Services Review, vol. 31 no. 4
Type: Research Article
ISSN: 0090-7324

Keywords

Article
Publication date: 1 May 2002

Peter Elliott and David Wadley

The impact of power transmission lines on property values remains insufficiently explored and inconclusively theorised. This paper provides a platform for examining what appears…

1286

Abstract

The impact of power transmission lines on property values remains insufficiently explored and inconclusively theorised. This paper provides a platform for examining what appears to be a general phenomenon of price depreciation of land abutting power lines. A large scale international literature review is organised in terms of a thematic model as a prelude to a précis of key papers discussing the power line/property value nexus. Broadening the account, attention turns to the issue of stigma which has different manifestations from its normal context involving contaminated lands. In order to advance theoretical understanding, a speculative model is provided of the stigma apparently attaching to power lines and attendant installations.

Details

Property Management, vol. 20 no. 2
Type: Research Article
ISSN: 0263-7472

Keywords

1 – 10 of 123