Title and Use (and Usufruct)—An Ancient Distinction Too Oft Forgot

Goldie, L. F. E.

doi:10.1017/s0002930000213742

Cited by 5 publications

(4 citation statements)

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“…We document the ways in which urban residents with limited access to land negotiate usufruct rights to urban land. Usufruct rights, a millennia-old concept, bestow non-owners with access to land and the spoils it yields (Goldie 1985, Pierce 2010. We discuss three cases in Toronto that problematise the notion of private property through usufruct rights: a downtown, squatted urban farm; suburban backyards, transformed into farm demonstration plots cultivated by youth; and central city backyards, conscripted into a quasi-commercial, discontiguous urban farm.…”

mentioning

confidence: 99%

Food production in the city: (re)negotiating land, food and property

Wekerle

Classens

2015

Local Environment

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mentioning

confidence: 99%

Food production in the city: (re)negotiating land, food and property

Wekerle

Classens

2015

Local Environment

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“…For example, the territory of Spitzbergen (also called "Svalbard Islands") 2239 , an archipelago in the Arctic Ocean, for a long time had been considered terra nullius. 2240 Due to its rich natural resources, from the 17 th century on Spitsbergen had been of interest to hunters and fishermen, and later to miners. 2241 In Art.…”

Section: ) Example: Expansion Of Sovereignty and Rights Without Forma...mentioning

confidence: 99%

Chapter V: The Doctrine of Acquired Rights in Cases of State Succession. Status, Content, Value, Limits and Potential

Reimold

2024

Continuity in Times of Change

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Law must be based on facts -sociological, historical and others -and it must take facts into account. But it can never be a mere reflection of them. " 2023 A) Preliminary Remarks 2031 ICJ Statute (n 503). 2032 The attribute "recognized by civilized nations" has become obsolete by today as all nations are considered "civilized"; for many ILC, 'First Report on General Principles of Law (Vázquez-Bermúdez, Special Rapporteur)' (5 April 2019) UN Doc. A/CN.4/732 paras. 178-186; Thirlway (n 266) 108; Alain Pellet and Daniel Müller, ' Article 38' in Andreas Zimmermann and others (eds), The Statute of the International Court of Justice: A Commentary (3rd ed. OUP 2019) para. 262. Therefore, the ILC now speaks of "the community of nations" which must recognize a general principle, ILC, 'Report on the Work of Seventy-Second Session (2021)' (2021) UN Doc. A/76/10 172.

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“…Goldie (1985) identifies three primary kinds of rights relationships that one can have with land: title , use , and usufruct 1 . Title refers to recognized ownership, usually through formal registration with a governmental body, including the (sometimes limited) right to improve the land or transfer ownership to another party.…”

Section: Tenure In Us Urban Scholarship: Orthodoxy and Critical Appromentioning

confidence: 99%

“…For example, constructing a ditch to make marginal land gardenable might not be understood as damage (or permanent), but the change to the property could permanently reduce the capacity of the land to sequester carbon, or make development of new buildings more expensive. What qualifies as ‘damage’ or reduction of a titleholder’s value is in part dependent on what future uses of the land are imagined (Goldie 1985).…”

Section: Tenure In Us Urban Scholarship: Orthodoxy and Critical Appromentioning

confidence: 99%

Reinvigorating the Concept of Land Tenure for American Urban Geography

Pierce

2010

Geography Compass

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Tenure rights are durable privileges to use and benefit from specific pieces of land. In the USA, tenure rights are typically conceptually folded into the ‘bundle of rights’ associated with formal land ownership. Legally, this model rests on well‐documented principles: private, serial, single‐party property ownership and clear, well‐regulated surveying. However, tenure does not begin and end in property. People negotiate the terms under which they use spaces – and the durability of those terms – through implicit and explicit social processes. Many geographers focused on US cities have tacitly conceded that existing forms of tenure are adequately captured in the concept of property rights despite extensive discussion about the complex construction of non‐property rights in the development literature. This article argues that a vocabulary adapted from the conversation about land tenure, specifically regarding use and usufruct rights, would enhance the ‘critical property’ literature by exposing additional, already‐existing rights in land.

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Title and Use (and Usufruct)—An Ancient Distinction Too Oft Forgot

Cited by 5 publications

References 3 publications

Food production in the city: (re)negotiating land, food and property

Food production in the city: (re)negotiating land, food and property

Chapter V: The Doctrine of Acquired Rights in Cases of State Succession. Status, Content, Value, Limits and Potential

Reinvigorating the Concept of Land Tenure for American Urban Geography

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