Land Law

The paper addresses the history of the debates on human social organization and sustainability as inspired by indigenous histories and traditions, by Native American scholars. A key figure in instigating these debates and laying the framework for their topics since the 1960s was the late professor Vine Deloria, Jr., legal and religious scholar, social critic and activist who penned the groundbreaking work of Native American post-colonial critique in 1969 titled Custer died for your sins. An Indian Manifesto. Deloria's positions from his early work are then compared to his later views especially on the subject of land as formative to, and correlational with, human societies, and the notion of corporatist human social organization. In the conclusion, the implications of Deloria's positions for current progressive theorizing are discussed. Povzetek Prispevek naslavlja zgodovino debat ameriških staroselskih akademikov o človeški socialni organizaciji in zdržnem bivanju, kot so ga pobudile staroselske zgodovine in tradicije. Ključna osebnost in pobudnik the debat, ki jih je tudi uokviril, je bil pokojni Vine Deloria, Jr., profesor prava in religiologije, družbeni kritik in aktivist, avtor prelomnega dela ameriške staroselske pokolonialne kritike z naslovom Custer je umrl za vaše grehe: indijanski manifest. Njegova stališča iz tega zgodnjega dela so nato opremljena s tistimi iz kasnejših del, in se omejujejo na zemljo kot formativno in korelativno s človeškimi skupnostmi, in na 1 I am indebted to Daniel R. Wildcat for a thorough reading of the draft of this paper, and his valuable comments.

Not-guilty verdicts, mistrials, and impunity for the Bundy family and many of their supporters in the armed confrontations over public land use in Nevada and Oregon. Expanded access for private oil, gas, mining, and logging industries and the downsizing of national monuments such as Bears Ears lead by Secretary of the Interior Ryan Zinke. A number of highly contentious debates and sensationalized events have again focused attention on land held in the public domain by the United States. This essay argues that federal land policy as a form of colonial administration has been constitutive for the logic of expectation as property in what is now the United States. From the state land cessions negotiated on behalf of the Articles of Confederation to the preemption acts (1830–1841) to the homestead acts (1862–1916) to present-day demands for land transfer, the acquisition and disposal of the so-called public domain have been central to westward colonization, the consolidation of the nation-state, and the promise of land ownership as the ostensible foundation of individual liberty. These dynamics are evident in contemporary conflicts over public lands and arguments for the transfer of public lands to either state or private ownership. Approaching the Bundy occupations as flashpoints that illuminate competing interpretations and claims to land within the history of westward colonization, this essay seeks to demonstrate the ways in which expectation emerges from particular economies of dispossession of indigenous peoples that have historically worked through and across the division of public and private property.

Since the introduction of the common law system, precedent case law has been a core element of its existence. Due to the high number of boundary surveys conducted as part of boundary disputes during the past number of years, research of Irish High Court case law judgments delivered in the past ten years on property boundary disputes was identified. This paper outlines a proposal to be considered in the form of a 'Guidebook' for surveyors to follow when involved in a property boundary dispute. The court judgements will be assessed via a case briefing technique that is used worldwide in universities and an understanding of surveying case law and how decisions can be used in the construction of principles to be applied will be evaluated and analysed. Detailed information on these cases is not the subject of this paper. This paper presents results documenting how case law can be seen to be of fundamental importance for surveyors when involved in property boundary disputes. Documented in the form of a 'Guidebook', this information would be of benefit for surveyors and property professionals in understanding the principles applied to previous cases and thus the principles to be applied in future cases to try to resolve boundary dispute incidences (before litigation). The rulings made in court can be employed as set principles for surveyors to follow when carrying out property boundary rectification and resolving property boundary disputes in the future.

Le présent rapport expose les motifs justifiant la mise en place d’une action de promotion concertée des outils transactionnels relatifs au foncier et aux droits fonciers pour concrétiser les objectifs de conservation et de résilience climatique dans la région Pacifique. Il s’appuie sur deux études de référence : un tour d’horizon mondial des outils transactionnels mettant en jeu les biens et les droits fonciers, complété par les données d’expérience relatives à l’application de ces outils à l’échelon régional et dans certains pays océaniens ; et une évaluation de la faisabilité du recours accru à ces outils dans quatre États et Territoires insulaires océaniens cibles : les Fidji, Vanuatu, la Nouvelle Calédonie et la Polynésie française. L’analyse exposée ici s’inspire de ces deux études qui ont associé recherche documentaire, entretiens avec des informateurs clés et ateliers de consultation des parties prenantes.

Основные тезисы:
􀀀 Существующая в настоящее время практика предоставления лицензий на пользование участками недр без получения информации о земельных участках, необходимых для реализации права использования участка недр, нередко приводит к серьезным проблемам.
􀀀 Регулирующее эти вопросы законодательство в процессе своего совершенствования в настоящее время замерло на месте.
􀀀 Целесообразно выстроить систему земельно-информационного обеспечения инвестиционных процессов в области недропользования, состоящую из четырех этапов.

The Syrian civil war has seen the weaponization of its land and property rights system by the primary combatant groups in the country. The government is the most robust in its use of the tenure system to locate, target, destroy, confiscate, cleanse, and gain revenue by way of the institutions and attributes comprising the system. Based on fieldwork with Syrian refugees in Lebanon, Jordan, and Turkey, this article describes seven ways the Syrian government is currently using the land and property rights system in its military-on-civilian engagements. While the objective of such use is presumably to permanently prevail over opposition civilian constituencies, the article describes how this actually creates evidence usable for effective restitution of lands and properties subsequent to the war. Introduction The ongoing civil war in Syria has emerged as a laboratory of new weapons used by the various sides in the conflict. While a number of these are purely kinetic-involving both crude and innovative forms of firepower, executions, troop movements and strategies-others take advantage of society based structures and institutions which facilitate targeting specific constituencies within the civilian population and then become attached to kinetic objectives. Statutory land and property rights systems are particularly vulnerable to being used in this way, with significant effect and lasting repercussions. While the Syrian government is not the first to use aspects of land and property rights systems in the pursuit of military objectives, it is the most current, egregious and sophisticated. This paper describes how the statutory land and property rights system has become an important weapon in the Syrian conflict with a number of uses, but with the ultimate counterinsur-gency strategic objective of spatially and permanently prevailing over the insurgency and its civilian constituencies. Permanently ridding certain landscapes of opposition supporters and replacing these with pro-regime inhabitants is just as important to the overall objective of 'prevailing' as is military victory over insurgent combatants for the Syrian government.

In 2006, the Australian Government amended the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) to enable the grant of township leases over Aboriginal land in the Northern Territory. It was a reform which attracted considerable debate. This article collates information about the two existing township leases, and examines this against the stated aims of township leasing. It is argued that a high level of confusion has characterised the implementation of these reforms, and that one of the risks of township leases is that they give the impression of doing more than they actually do. The article concludes by arguing that the Australian Government needs to pay greater attention to clarifying the rationale for its Aboriginal land reform policies.

Democracy in the Woods: Environmental Conservation and Social Justice in India, Tanzania, and Mexico

Oxford University Press (January 2017)


How do societies negotiate the apparently competing agendas of environmental protection and social justice? Why do some countries perform much better than others?

Democracy in the Woods addresses these question by examining land rights conflicts—and the fate of forest-dependent peasants—in the context of the different forest property regimes in India, Tanzania, and Mexico. These three countries are prominent in the scholarship and policy debates about national forest policies and land conflicts associated with international support for nature conservation. This unique comparative study of the trajectories of their national forestland regimes, challenges the received wisdom that redistributive policies necessarily undermine the goals of environmental protection.  It shows instead that national environmental protection efforts take on either an inclusive (as in Mexico) or an exclusive form (as in Tanzania and, for the most part, in India), depending on whether dominant political parties are compelled to create structures of political intermediation, which help channel peasant demands for forest and land rights into the policy process.

The political analysis of the control over and the use of nature presented in this book opens up new avenues for reflecting on how legacies of the past and international interventions interject into domestic political processes to produce specific configurations of outcomes of environmental protection and social justice.

This book offers three different tests of this theory of political origins of forestland regimes: First, India’s most radical forestland reforms became possible because of the opening of a unique political opportunity structure, which enabled forestland rights movements to successfully press for long-awaited institutional reforms needed to address land rights conflicts.  Second, it successfully explains the rather counter-intuitive local outcomes of the programs for formalization of land rights in India, Tanzania, and Mexico. Third, it offers a coherent explanation of why each of these three countries proposes a significantly different distribution of the benefits of forest-based climate change mitigation programs being developed under the auspices of the United Nations. Democracy in the Woods offers a theoretically rigorous argument about why and in what specific ways politics determine the prospects of a socially just and environmentally secure world.

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На примере "Метафизики нравов" Иммануила Канта выдвигается тезис о сходстве в развитии института права собственности на недвижимое имущество в Германии XVIII века и в современной России. В качестве главного признака указывается на отсутствие представления о земельном участке как о составной вещи. Выдвигается гипотеза, что образование отдельной отрасли земельного права в рамках частного права обуславливается признанием в качестве первоначального титула — права собственности на земельный участок без связи с находящимися на нём объектами недвижимости.

Nigeria depend greatly on oil and gas production to meet its revenue needs. Several initiatives are currently being gauged to diminish the high transaction cost of pipeline failures and the consequences on land rights' holders. Oil and gas are essential commodities hence, requires reliable means by which they can be conveyed from the platforms (sources of production) to the consumers. One of the sustainable and reliable means of conveying large quantities of oil and gas from one point to another is by purposely constructed pipelines. It is against the backdrop of the crucial needs for the use of pipelines to convey petroleum products that this article investigated the legal and social challenges of oil and gas pipelines in Nigeria. It found that, the laws and institutions responsible for governance of pipelines in Nigeria are defective and unsustainable. Furthermore, the weaknesses of the monitoring agencies and faulty legal regimes in Nigeria with regards to land use, revocation and flexible powers given to the pipeline owners to be able to vary routes and take lands of others in the name of public interest is one of the prime factors causing discontent and leading to pipeline vandalism. Amongst others, the article recommend that the government should energize the relevant agencies by entering into partnership with experts from overseas that can foster transfer of knowledge which would drive safety regulations grounded on effective risk analyses and cost-benefit analyses. Precisely, the regulatory agencies such as the Department of Petroleum Resources should embark on dependable risk management strategies.

Summary
This work is a monographic treatment of the Roman usucapio, which gave rise to the modern-day institution of acquisitive prescription in common law, mixed law and statutory law systems. The attempt to discuss this topic stems from an appreciation of the role of this institution in the past as well as its continued application in numerous legal systems of today. Acquisitive prescription is extraordinary, considering that the definition of its essential characteristics, proposed by the Roman jurist Modestinus, remains valid even today and continues to serve as a basis for present-day legal regulations. It is no wonder therefore that it has laid the foundation for the regulations contained in the Draft Common Frame Reference.
As an original product of Roman legal thought, acquisitive prescription is a labyrinthine tangle of problems and concepts bound together through a shared history. These follow from premises which make for a high level of its complexity. They appeared in Roman law one by one over centuries as the Roman state developed through its successive stages. This was a natural product of legal progress, making law increasingly more complex as legal affairs grew ever more sophisticated and judicial activity intensified.
Roman law aimed to provide the owner with maximum protection. Therefore, acquisitive prescription – a form of expropriation – was allowed by necessity, but kept within relatively narrow limits. Originally, acquisitive prescription became effective when the holder had been in possession of a thing (possessio), which was susceptible of acquisitive prescription (res habilis), for a length of time prescribed by statute (tempus). Due to Rome’s small territory, the time-limit for acquisitive prescription was a year, for movables, and two years for immovables. In the pre-classical period, Praetors had the greatest impact on Roman law, which led to the emergence of “good faith” and “equitable title” as further premises. Justinian’s reforms lengthened the time-limits for acquisitive prescription on immovables to 10 years, where the litigants lived in the same province, 20 years, if they resided in different provinces, and 3 years in the case of movables.
Acquisitive prescription was among the most basic methods of acquiring ownership. As such, it played an important role in many ways. Even as early as in the 12 Tablets period, the objective of acquisitive prescription was to eliminate complications arising out of a legal title to a thing, in particular where a long-term possessor had no rights to it. A transfer of ownership under acquisitive prescription allowed the possessor to defeat any formal or substantive defects and acquire full quiritary ownership. It was of particular importance that these functions were served in practice. This was because they helped to prevent situations, whose prolonged duration might discourage citizens from trusting the state and, as a result, challenge the stability of the law.
Thanks to the growing importance of international treaties and arbitration, today’s world is marked by a virtual unity in both commercial and political terms, exemplified by the European Union. At the same time, a search is under way for models to forge common solutions. In respect of private law, there is probably no better model for unification than acquisitive prescription, whose framework and operation have been well known for a very long time. This is because acquisitive prescription forms part of the legal heritage of entire mankind, with its different forms present in almost all cultures of the world. To prove my point, I would like to note that, besides mainland Europe and common law countries, acquisitive prescription is also known in South Africa, Japan and China.
An analysis of acquisitive prescription in selected countries with common law, statutory or mixed law points to parallels in its application and operation with Roman law. In countries with statutory law, acquisitive prescription is an institution of substantive law and consists in the acquisition of ownership, which means that it corresponds to the Roman usucapio. On the other hand, in common law countries, it acts as a formal institution to prevent seeking ownership after the lapse of a statutorily prescribed period, in which case it corresponds to longi temporis praescriptio. Mixed law jurisdictions, such as Louisiana or Scotland, also have regulations in place to address acquisitive prescription which in its substance resembles the Roman regulations on usucapio.
To review the regulations of each individual country, it was necessary to take into account two factors, namely the division into acquisitive prescription (praescriptio adquisitiva) and extinctive prescription (praescriptio extinctiva) as well as the division into ordinary and extraordinary acquisitive prescription, including also the fact that in respect of immovables, acquisitive prescription operates in the system of positive or negative registration of real estate titles. These factors determined which countries would be selected for the review. The discussion focused on English law as a representative of common law jurisdiction, with its division into extinctive prescription (praescriptio extinctiva) and acquisitive prescription (praescriptio adquisitiva), even though the impact of Roman law there has been the lowest compared to other European countries, and the USA where the law provides for extinctive prescription and extraordinary acquisitive prescription. Examples of mixed jurisdiction were provided by Scottish law, in which immovables may be acquired under a kind of positive praescriptio, and Louisiana, whose law retains ordinary acquisitive prescription and extraordinary acquisitive prescription, and transposes a number of other provisions on usucapio. The statutory law countries were selected mainly on the basis of similarity to Roman regulations. The selection was made in favour of German law which distinguishes and regulates extinctive prescription and acquisitive prescription along Roman lines by incorporating Roman solutions in respect of acquisitive prescription on movables, while treating acquisitive prescription on immovables in a slightly different manner. The survey also referred to France and Spain. Both of these countries retain the division into praescription extinctiva (extinctive prescription) and adquisitiva (acquisitive prescription). Dutch law was included in the scope of research, partially for its strong links with Roman law, but also thanks to its unique regulations on acquisitive prescription aiming to maximise the certainty of the right of ownership. Finally, the evolution of regulations was also traced in Polish law because of its division into acquisitive prescription and extinctive prescription, which form two separate and mutually independent institutions, as well as because the present authors feels most at home with it.
The analysis of acquisitive prescription, together with its evolution from usus auctoritaris regulated in the 12 Tablets to ordinary acquisitive prescription introduced by Justinian’s legislation, allows observing the legal genius and high legal culture present in Roman society. The successive stages of growth of usucapio form a labyrinth of timeless legal concepts and laboratory for the development of legal institutions. Longi temporis praescriptio underwent a transformation from being a time-bar defence into the acquisitive prescription of quasi-ownership on provincial lands, thus giving proof of the everlasting search for legal solutions which, by seeking to respond to individual cases, frequently resulted in the rise of a new institution. This modification also gave rise to a division into acquisitive prescription and extinctive prescription which is currently applicable in many legal systems nowadays.
Acquisitive prescription, moulded into its final shape by Justinian, shows the revolutionary nature of the reforms culminating in the division of ordinary and extraordinary acquisitive prescription. This final shape, together with the premises, forms the complete picture of acquisitive prescription, adopted by legislators in Europe and all over the world. The main function of acquisitive prescription is to bring de facto circumstances into line with legal facts. This is done wherever acquisitive prescription has been made part of the law and, as such, is not only a desirable but also necessary characteristic of every law-abiding state. The sophisticated systems for registration of ownership rights, currently operating in the modern world, and the laws which exist to govern them have, in a sense, come to act as enforcers of the basic function of acquisitive prescription. Not even this has been sufficient, however, to induce our legislators to abolish this institution, which is even better proof of its phenomenal success.
Although its existence may seem questionable on economic and moral grounds, it appears that it is possible to set optimum time-limits and review the regulations on the acquisitive prescription of movables, in order to make it a successful tool in service of its basic function and assure those involved in any legal affairs that the legislator relies on a tested solution with 2,000 years of history which, even when the best legal safeguards fail, will continue to help bring de facto circumstances into a much-desired compliance with legal records.

[For Englisn, please scroll down.] В российской литературе английское вещное право редко становится объектом сравнительно-правовых исследований. О нем пишут кратко. Несовместимость его с российским правом кажется настолько очевидной, что бесполезность обращения к нему едва ли не презюмируется. В статье предпринята попытка показать, что использование функционального метода сравнительного правоведения позволяет проводить содержательное сопоставление российского и английского вещного права и приходить к полезным для отечественной юриспруденции выводам. В качестве примера взяты три области: (1) приобретательная давность, (2) защита приобретателей недвижимого имущества, находящегося в общей собственности, и (3) восстановление владения недвижимостью.

[Title: Functional Method and Comparison of English and Russian Property Law.

Abstract: It is rare for Russian legal scholarship to compare Russian and English property law. An account of English property law is usually very brief. It seems to be so alien to Russian property law that does not deserve careful consideration. The article seeks to demonstrate that these two systems could be compared by using the functional method of comparative law and, moreover, such a comparison could yield useful results for Russian jurisprudence. Three examples are used in the article. First — adverse possession in English law and acquisitive prescription in Russian law. Second — protection of purchasers of a real property owned by multiple persons. Third —recovery of possession of immovable things.]

Набуття права власності за набувальною давністю на земельні ділянки в усіх випадках повинно підпорядковуватися ст.344 ЦКУ. Положення ст.120 ЗКУ, а також абз.2 ч.1 ст.344 ЦКУ позбавлені регулятивного значення. Механізм набуття права власності за набувальною давністю на нерухоме майно згідно зі ст.344 ЦКУ є недієвим. Виникнення права власності на нерухоме майно за набувальною давністю в сучасних умовах (за обов’язкової реєстрації речових прав на нерухоме майно) не виконує завдань, які зазвичай покладають на механізм набуття права власності за набувальною давністю.

The failure of successive New Zealand regimes, both local and central government, to commemorate the true story of what happened in the modest Taranaki township of Waitara, resulting in two decades of devastation underscored by events at Parihaka in 1880, is a shame on the nation.

A rethinking of the events that led up to the first shots in the Land Wars in 1860 and the man, Te Witi Te Rangitaake (Wiremu Kingi)  who tried to stand by a promise to protect his family land only to be delivered of it through and illegal declaration of martial law.

Повсюдність місцевого самоврядування є важливим принципом, який доцільно реалізувати шляхом внесення змін до Конституції України. Значною мірою даний принцип може бути реалізований і за чинного конституційно-правового регулювання. Зокрема, у земельних відносинах доцільно передбачити поширення повноважень органів місцевого самоврядування на всю територію сформованих на сьогодні т.зв. «сільських, селищних та міських» рад. До комунальної власності повинні бути передані всі землі, які не потрібні для виконання функцій, які доцільніше здійснювати на загальнодержавному рівні (оборона тощо). Такий підхід є набагато кращим, ніж передача органам місцевого самоврядування повноважень щодо розпорядження цими державними землями.

Pulau Sangiang merupakan taman wisata alam mempuyai letak strategis yang terletak di selat sunda dikenal dengan julukan Seven Wonders of Banten, karena letaknya yang strategis mempunyai potensi sebagai tempat wisata dan secara ekonomi baik itu potensi nilai tanah Pulau Sangiang atau Land Value yang tinggi, didukung dengan direncanakan akan dilewati jembatan selat sunda. Potensi ini salah satu yang mendasari gugatan di pengadilan tata usaha negara atas gugatan penetapan tanah terlantar di Pulau Sangiang. Penetapan Tanah Terlantar atas Tanah Hak Guna Bangunan Nomor 23, 24 dan 22 atas nama PT. Pondok Kalimaya Putih, pada pokoknya keputusan Kepala Badan Pertanahan Nasional dinyatakan batal dan harus dicabut karena secara prosedur bertentangan dengan peraturan perundang-undangan yang berlaku, secara substansi juga bertentangan dengan Asas-Asas Umum

This essay aims to consider the proprietary limits of those particular licences that arise through ‘contract’, and as a brief aside to look at the implications of those limits as regards licences that the court may award in the event of a perceived (proprietary) estoppel.

A discussion on the implications of the decision in Thomas & Arau Village Council v AG of Guyana & Guyana Geology & Mines Commission, GY 2009 HC 7 (HC Guy).
Referencing relevant case-law and statute(s), addressing the impact on land rights and the fact that there is no equity in immovable property in Guyana.

Στην παρούσα μελέτη αντιμετωπίζονται ζητήματα που άπτονται της ευθύνης του Προϊσταμένου Κτηματολογικού Γραφείου κατά την άσκηση των καθηκόντων του. Ειδικότερο αντικείμενο της μελέτης αποτελεί η έρευνα της τυχόν στοιχειοθέτησης ευθύνης λόγω επανειλημμένης άρνησης καταχώρισης δικαστικών αποφάσεων, που επιλύουν τα ίδια (ή παρόμοια) νομικά ζητήματα.

Contemporary debates around the ontological turn have pitted efforts to take indigenous ontologies seriously against demands to make visible the forms of dispossession and environmental suffering that characterize the (post)colonial and capitalist present. Meanwhile, a growing array of governmental projects seeks to identify and protect indigenous ontologies in the face of capitalist development processes, including through forms of collective tenure. How can we make sense of such initiatives, and what kind of territories do they encounter and produce? This paper engages this question ethnographically through an examination of everyday life in a legally recognized Native Community Land in the Bolivian Chaco. Drawing on Bolivian Aymara scholar Silvia Rivera Cusicanqui's notion of ch'ixi, I argue that indigenous territories are neither ontologically separate from, nor entirely subsumed by, capitalist development processes. Rather, they are subject to multiple land values, ontologies, and investments. A contested indigenous land titling process, capitalist labor relations, hydrocarbon compensation money, and efforts to maintain relations with spirit beings are all interwoven in the fabric of Guaraní everyday life. Such ch'ixi landscapes emerge at the confluence of capitalist efforts at rendering territories investable, governmental efforts at managing dispossession, and Guaraní efforts to maintain life and exercise territorial sovereignty amidst contradictory processes of (post)colonial governmentality.

Sol – Ressource – Non fongibilité – Immobilier – Financiarisation – Opacité – Observation – Patrimoine – Appropriation – Segmentation du marché – Usus, fructus, abusus – Bouquet de droits – Cadastre – Tragédie des communs – Propriété collective – Réforme foncière – Privatisation – Domanialité – Prescription acquisitive – Bail – Terra nullius – Propriétaire – Déguerpissement – Dépossession – Occupation informelle – Collectivisation – Citoyenneté – Prix – Valeur – Rente foncière – Cyclicité – Bulle – Plus-value – Investissement – Evaluation – Prix hédoniques – Compte-à-rebours – Cash-flows – Politique foncière – Fiscalité  foncière – Aménagement négocié – Offre foncière – Rareté – Préemption – Expropriation – Droits à bâtir – Contentieux – Zonage – Portage foncier – Maîtrise foncière – Réserve foncière – Servitude – Compensation – Consommation – Rétention – Périurbanisation – Lotissement – Promotion – Renouvellement urbain – Friche – Densification – Rent gap hypothesis – Remembrement foncier – Accaparement

This paper discussed involvement and role of Valuation Surveyors or Real Estate Valuers in the process of determination of real estate values for national taxation purposes. Valuation Surveyors either in public or private sectors have their own role and functions. Besides that, the position of Valuation Surveyors whether in public or private sectors depends on who instructed them to carry out a valuation exercise. Analysis and evaluation on secondary data were acquired from previous studies, publications, reports and other related journals. The authors also make necessary analysis and evaluation through the provisions as stated in the written laws in Malaysia such as Stamp Act 1949, Real Property Gain Tax Act 1976, Local Government Act 1976, National Land Code 1965 and Income Tax Act 1967. Therefore, the relevant laws and regulation have clearly stated the requirement of valuation surveyors in order to assist the relevant authorities to determine the capital value of chargeable assets (mainly in the form of real estate) before the duties and charges determined by the agencies such as the Inland Revenue Board, Land Offices and local authorities. At the end of this paper, the authors will summarize the types of taxes valuation that require the Valuation Surveyors to determine capital value or rental value. 1.0 Introduction The Valuation Surveyors also known as the Real Estate Valuers is one of the professional members recognized in Malaysia. Role and functions and also its expertise belongings to the valuation surveyors as stated in the Malaysian written law currently enforced. The valuation surveyors provide the services in term of property values and professional advice on real estate valuation of land, buildings, plants and machineries, and also the valuation of business in Malaysia. A statutory body which was established under the Valuers, Appraisers and Estate Agents Act 1981 giving the powers and authorities to the body known as the Board of Valuers, Appraisers and Estate Agents to implement and execute their powers as stated in the the Act 242. The existence of valuation surveyors can be trace back since the Malacca Malay Sultanate era in 14 th century where the position of Penghulu (Chieftain) and Penghulu Bendahari (Ancient position of the Ministry of Finance) play their role as appointed officers by the Malay Native Ruler (Sultan) to collect the revenue from the people who were living in the empire and colonies. However, the modern position of the valuation surveyor was introduced by the British after their occupation on Penang Island and Seberang Perai Colonies in 1790's from the Sultan of Kedah. The first valuation unit established by the British East Indies Company (EIC) in Penang executes their function to determine the annual value of property holding located within the George Town Administrative Area managed by the Sanitary Board which was formed by the EIC (Mohd Hasrol Haffiz dan Mohd Farid, 2011). In the national taxation context, the role and functions of valuation surveyor looks very significant in order to contribute the national public revenues. The valuation surveyor who was appointed is responsible to assess and value the assets (fixed and/or current) for specified purposes. In addition, the Malaysian taxation is classified into two main types known as the Direct and Indirect taxes. However, the involvement of valuation surveyor in the Malaysian taxation preferred to the valuation processes to determine amount of real property to be taxed such as for the purposes of Rating Assessment, Real Property Gain Tax, Stamp Duty and Income Tax. The basis of valuation based on the Capital Value and Rental Value subjected to the types of tax will be charged by the relevant authorities. 2.0 Definition of Valuation Surveyor/Real Estate Valuer The valuation surveyor is one of the professional members who are expertise in determine the value of real property either in term of capital value of rental value for specified purposes (Marcinskas & Galiniene, 2005 and Emirzon et. al., 2005). The valuation is also the main character or player and gives professional advice to the authorities, publics and organizations in development of national economy (Marcinskas et. al., 2005 and Hoyt,

This book, authored by a senior Indian Administrative Service officer having extensive first-hand knowledge of land administration, fills the existing gap of research in the field of land registration and maintenance of title records in India. It contains:
1. A comparative analysis of land registration systems of Germany, UK, Australia, USA, France, and the Netherlands, the first three having title registration systems and the other three practicing deed registrations system
2. Analysis of replicability of each of these systems in the Indian context.
3. Comparative analysis of laws regarding the maintenance of land title records in four Indian states viz. Maharashtra, Karnataka, Punjab, and West Bengal, covering each of the four regions of the country.
4. The author's evidence-based recommendations on reforms required in the Indian land registration system
This book is a must-read for practitioners of law relating to land and property, and for policymakers looking at land-record reform as part of larger economic reform. Law students aiming to understand the Indian land registration system, and how land registration is done around the world, will also benefit greatly from this work.
                As per an estimate, a third of cases pending in Indian courts involve disputes over property. Some experts have the view that India should switch over from the present deed registration system to the title registration system to solve the problem of ever increasing land disputes. The Department of Land Resources, Government of India, also subscribed to this view and listed ‘moving eventually towards guaranteed conclusive titles to immovable properties in the country’ as one of the objectives of the National Land Records Modernization Program (NLRMP) launched in 2008. In spite of this policy not much headway was made by the states in this direction. Experience has shown that unless there is substantial research to support such a drastic change in the registration system practiced in India, states would not go for it.

Drawing on an ethnographic analysis of communities living in the vicinity of industrial tuna fishing and processing facilities in Madang Province, Papua New Guinea (PNG), this chapter explores and critiques some of the claims which are made by proponents of land formalisation in PNG. Far from securing people’s access to the promises of development, globalisation, and statehood, it argues, mechanisms of land formalisation for these communities have, in many cases, facilitated and exacerbated experiences of exclusion. The chapter considers two key ways in which this has occurred: first, through the introduction and privileging of particular practices of boundary making associated with modernist and regulatory approaches to land organisation; and second, through the use of incorporated land groups and lease-leaseback schemes which claim to reconcile customary and modern land systems. The intention here is not to suggest that all forms of legislative response to issues of land organisation should be avoided. Indeed, as the Madang communities find themselves entangled with the structures of both globalising capital and the nation- state, forms of institutionalised response can become both necessary and desirable. The argument, simply, is that more critical acknowledgement be made of the ways in which mechanisms of land formalisation can, themselves, function to exclude.

"Land Law, Citizenship and the Invention of 'Englishness': The Strange World of the Equity of Redemption". Co-authored with Ronnie Warrington. In John Brewer and Susan Staves (eds.), Early Modern Conceptions of Property. London: Routledge, 1995 pp. 111-144

In this article, we analyse the history of land dealing in Hong Kong from 1843 onwards and also its current situation. Almost all land in Hong Kong vests in the State and there is, with the exception of St. John's Cathedral, no privately owned freehold land in Hong Kong. We also study how Land Law operates in the New Territories and also a very important topic: what will happen to Property and Land Rights after 2047? At last, a brief comparison with the Spanish system of landholding is made in order to see the main differences of both systems.