Embedded property

Harris, Douglas C.

doi:10.4324/9781003141600-4

Cited by 4 publications

(5 citation statements)

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“…Statutory condominium regimes construct this balance differently. Some accord more power to the community of owners; others emphasize the rights of individual owners (Van der Merwe 1994; Harris 2021). Whatever that balance, condominium has produced an increasingly consequential order of private government in which the right to participate is based not on residence or citizenship but, rather, on land ownership.…”

Section: Bare Land Strata Property and Privatizationmentioning

confidence: 99%

Condominium to the Country: The Sprawl of Ownership within Private Local Government in British Columbia

Harris¹,

Patterson²

2023

Law Soc. Inq.

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As a form of land ownership, condominium enables subdivision and produces local government. Designed to facilitate the production of apartments as distinct parcels of land, ownership within condominium now dominates many urban housing markets. In some jurisdictions, including British Columbia, condominium (labelled strata property) may also be deployed to subdivide land for single-house lots within a structure of private local government. The principal effect of extending condominium to unbuilt land is not to enable subdivision, which is something that was already possible and common, but, rather, to endow groups of single-house lot owners with fiscal capacity and governing authority to assume important aspects of local government. Through an analysis of bare land strata property in British Columbia, we reveal how the condominium form, which brought an architecture of ownership and government from the homeowners association of the American suburbs to the North American city, has spread back from the city into the suburban, exurban, and rural, producing a sprawl of ownership within private local government.

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Section: Bare Land Strata Property and Privatizationmentioning

confidence: 99%

Condominium to the Country: The Sprawl of Ownership within Private Local Government in British Columbia

Harris¹,

Patterson²

2023

Law Soc. Inq.

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“…Condominium constructs separate titles to individual units […] However, notwithstanding their legal separateness, the private interests are inseparable from the common property interest […] Moreover this packaging of private with common property reflects a physical entwining […] Indeed, the private property within condominium cannot exist without the common property, which exists in service of the private. (Harris, 2021, p. 30)…”

Section: Ownership In Multi-owned Housing: Pluralist Property Theorie...mentioning

confidence: 99%

“…Harris suggests that the architecture of ownership inherent in multi-owned housing constructs a form of embedded property where private interests are inextricably embedded within the immediate community of owners. He offers the idea of embedded property as a way of analysing multi-owned housing where the property is spatially embedded, politically embedded and temporally embedded (Harris, 2021)…”

Section: Ownership In Multi-owned Housing: Pluralist Property Theorie...mentioning

confidence: 99%

“…Firstly, the legal relationships entrenched in multiowned housing are conceptualised and analysed. Drawing from Alexander's (Alexander, 2012;Alexander, 2018) idea of governance property and Harris's (Harris, 2021) concept of embedded property, it is suggested that multi-owned housing goes beyond the notion of individual ownership where the primary concern is exclusive dominion. Dagan's (Dagan, 2021) and Alexander's (Alexander, 2012;Alexander, 2018) pluralist property theories are adopted as theories which can mediate the internal governance of property with multiple owners.…”

Section: Introductionmentioning

confidence: 99%

“…(Harris, 2021, p. 30) Harris suggests that the architecture of ownership inherent in multi-owned housing constructs a form of embedded property where private interests are inextricably embedded within the immediate community of owners. He offers the idea of embedded property as a way of analysing multi-owned housing where the property is spatially embedded, politically embedded and temporally embedded (Harris, 2021) While the concepts of governance property and embedded property are valuable frameworks, there remains the lingering issue of the norms which should be guiding considerations in the context of multi-owned housing disputes. In this paper, I adopt pluralist moral theories of property along the lines advanced by Gregory Alexander (Alexander, 2012;Alexander, 2018) and Hanoch Dagan (Dagan, 2021).…”

Section: Introductionmentioning

confidence: 99%

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Conceptualizing condominium law and children: comparing the state of strata titles law in New South Wales and Singapore

Tang

2023

JPPEL

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Purpose This paper aims to adopt a comparative method using case law, statutes and secondary literature across both jurisdictions. This paper also draws on various theories of property ownership. Design/methodology/approach This paper conceptualises the legal relations embedded within condominium housing and the various theories of property ownership to ascertain how children’s interest fit within this framework. The laws of two jurisdictions, New South Wales and Singapore, are examined to determine how their strata law responds when children’s safety is at stake. Findings Drawing on pluralist moral theories of property law, the thesis advanced is that children’s issues within condominiums should not be subject to majoritarian rule especially when their safety is at stake. The paramount guiding value should be ensuring their safety within multi-owned housing communities. Using the law of two jurisdictions, New South Wales and Singapore, the central argument of this paper is that the law in these jurisdictions has rightfully adopted a protective approach towards children in multi-owned properties where their safety is at stake. Originality/value The literature on the law of multi-owned housing has largely focused on governance issues such as mediating between the majority owners’ interest with that of the minority owners’ interest. Children in multi-owned developments remain an under investigated area as children’s interests do not fit within the paradigm of majority versus minority interests. The paper advances the argument that children’s interest should be viewed through either a rights-based theory or pluralists’ theories of property law. Lessons from the New South Wales and Singapore experience are also drawn which might prove useful to other jurisdictions.

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The ambitions of liberal property

Dagan

2022

International Journal of Law in Context

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Embedded property

Cited by 4 publications

References 0 publications

Condominium to the Country: The Sprawl of Ownership within Private Local Government in British Columbia

Condominium to the Country: The Sprawl of Ownership within Private Local Government in British Columbia

Conceptualizing condominium law and children: comparing the state of strata titles law in New South Wales and Singapore

The ambitions of liberal property

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