Property is more diverse than is usually assumed. Developing the concept of property diversity, this book explores the varied role of property in placed human landscapes. In acknowledging the propertied diversity about us, the book highlights the paucity of our settled contemporary assumptions of property as defined by private ownership. Challenging this universalizing model, the book analyses how this self-limiting view produces critical blind spots in modern property discourse. In response, it offers a re-conceptualization of property that matches the grounded reality of our rich and diverse relationships with land. Integrating the plurality of real property types (private, public and common) with inclusive understandings of both interest and ownership, it thus identifies and substantiates an overarching theory of property diversity. Drawing on studies from numerous jurisdictions, including the USA, New Zealand, Australia, and the UK, its analysis of property as something more – and indeed other – than a place-less abstraction provides an invaluable contribution to the contemporary law and theory of property.
Table of Contents
Introduction: The Implications of Property Diversity Part I: The Diverse Private, Public & Common Estates Chapter 1: Private Property and the Domineering Right to Exclude Chapter 2: Towards an Understanding of Public Property Chapter 3: The Paradoxes of Common Property Part II: The Implications of Property Diversity for Place, Community and Obligation Chapter 4: Seeing Property Diversity Chapter 5: Seeing Property Diversity in Sustainable Place Chapter 6: Obligation and the Property Monotone Chapter 7: Obligation and Property Diversity Chapter 8: Community and the Implications of Property Diversity Conclusion
John Page is a Senior Lecturer in Property Law at Southern Cross University, Australia.