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Time-Limited Interests in Land

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 							Time-Limited Interests in
Land
  ed. by Cornelius van der Merwe and
Alain-Laurent Verbeke
  
  
  
  CU Press | 2012 |
ISBN: 1107026121 9781107026124 B008CDSRIE | 576 pages | PDF | 6 MB
  
  A comprehensive comparative
treatment of six instances of time-limited interests in land as encountered in fourteen European jurisdictions. The
survey explores the commercial or social origins of each legal institution concerned and highlights their enforceability
against third parties, their content and their role in land development. The commercial purpose of residential and
agricultural leases is contrasted with the social aim of personal servitudes (and its common-law equivalent liferent) to
provide sustenance for life to mostly family members making the latter an important estate planning device. Whereas the
ingrained principles of leases and personal servitudes restrain the full exploitation of land, it is indicated that
public authorities and private capital could combine to turn the old-fashioned time-limited institutions of hereditary
building lease (superficies) and hereditary land lease (emphyteusis) into pivotal devices in alleviating the acute
shortage of social housing and in promoting the fullest exploitation of pristine agricultural land.
  
  
  
  
  
  
   						

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