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The Dynamics of Enduring Property Relationships in Land
Author(s) -
Blandy Sarah,
Bright Susan,
Nield Sarah
Publication year - 2018
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.12317
Subject(s) - property (philosophy) , property rights , dynamics (music) , social relationship , range (aeronautics) , social dynamics , sociology , epistemology , economic geography , political science , geography , social psychology , social science , psychology , engineering , law , pedagogy , philosophy , aerospace engineering
This article proposes a new way of looking at property relationships that will enrich our understanding of how they operate. It focuses on property rights in land which are consensual in origin, although this approach could usefully be applied both to non‐consensual property relationships and to other property types. Recognising both the temporal and spatial dimensions of land, the dynamics approach reflects the fact that most property relationships are lived relationships, affected by changing patterns and understandings of spatial use, relationship needs, economic realities, opportunities, technical innovations, and so on. Although evolving responsively to accommodate changing uses and new rights‐holders, these relationships are nevertheless sustained and enduring. The dynamics lens acknowledges the diverse range of legal, regulatory, social and commercial norms that shape property relations. Our approach also explores how far the enduring, yet dynamic, nature of property relations is taken into account by a range of decision‐makers.