Showing papers on "Leasehold estate published in 1994"

The adaptability of African communal land tenure to economic opportunity: the example of land acquisition for oil palm farming in Ghana.

Abstract: A school of thought sees the African communal system of land ownership as an inherently conservative arrangement which does not adapt or adapts only slowly to economic opportunity and, therefore, acts as a constraint on development. However, this view, which partly underlies the call for radical land reform measures such as nationalisation, is, generally, not borne out by the performance of the Ghanaian system as assessed on the basis of historical evidence and the findings of a recent survey of peasant oil palm farming. In the nineteenth century, when there was a substantial increase in demand for land for the oil palm against a background of relative land abundance in Ghana, the system responded with land sales, tenancy and other temporary transfers which allowed enterprising migrant farmers, notably Krobo farmers, access to land, while sufficient parcels were retained for use by the communal owners, including the Akyem people, the major vendors of land for oil palm and cocoa farming in the forest zone. This response pattern was repeated in subsequent periods characterised by greater demand for land for the cultivation of cocoa, which supplanted the oil palm as the premier export early in the present century. Further evidence of the adaptability of the communal system is provided by its response to the renewed demand for land in respect of the remarkable post-1970 oil palm boom. A recent sample study of oil palm farming in the Kade, Twifo Praso and Pretsea - Adum Banso areas in the heart of the oil palm belt found that the communal system had been responding to the renewed demand for land associated with the crop's growing profitability, mainly by temporary transfer arrangements to the almost total exclusion of outright sale, apparently to protect the sovereign interest of the community of owners and to secure land for their own use in the wake of rapidly expanding population, urbanisation and attendant increasing land scarcity. But the communal system as traditionally organised continues to be characterised by the insecurity of the tenure granted, especially to stranger farmers, while there are signs that the number of inequitable tenancies is on the increase. These problems might be minimised and land development enhanced by greater enforcement of the new land title registration law, and byflexibletenancy and other land-holding regulatory measures within the general framework of a free market system.

Managing Tenant Mix in New Shopping Centres

Abstract: The tenant mix of a shopping centre is recognized widely as a critical determinant of marketing and financial success. For new shopping centres the early development of a strong tenant line‐up is particularly crucial as these centres endeavour to establish their market position and market share. Recent environmental changes, however, are having a major impact on lettings and are presenting significant problems for the development and management of tenant mix in new in‐town centres. Highlights the importance of tenant mix, and shows how a high proportion of new in‐town centres have been struggling recently to secure the desired quantity and quality of lettings, in the face of increasing competition, reduced property demand, and in some cases scheme‐design deficiencies. A case example of tenancy development in the early stages of growth for one centre is analysed in detail to observe some of the difficulties, noting slow rates of growth, fluctuating occupancy levels, high rates of tenant failure and variati...

Frontier Development: Land, Labour, and Capital on the Wheatlands of Argentina and Canada, 1890-1914

Abstract: Introduction: the dynamics of frontier development. Part 1 Land use and distribution on the frontier: land use and distribution on the prairies - the political economy of settlement, the land market and speculation, land distribution, land use land use and distribution on the Pampas - the political economy of settlement, land use, the land market and speculation, land distribution. Part 2 Labour on the frontier: labour on the Pampas - immigration policy, immigration 1890-1914, seasonal labour, tenancy labour on the prairies - immigration policy, immigration 1890-1914, the hired hand, tenancy. Part 3 Capital formation on the frontier: agricultural finance on the frontier - agricultural finance on the Pampas, agricultural finance on the prairies, rural finance - conclusion technical change on the frontier - machinery on the prairies, machinery on the Pampas conclusion - the frontier legacy. Appendices: the 1895 Argentine national census probate records from the archives of the Palace of Justice in Buenos Aires probate records from the Regional Courthouse in Regina.

Role of the leading input in shaping institutions : tenancy in the context of irrigation uncertainty

Abstract: The past three decades have witnessed the growth of a voluminous literature on tenancy arid reIated institutions. Problems of resource use efficiency, role of markets, inter-linkages between markets and the emergence of institutions have all emerged as major issues. [Working Paper No. 260]

The economics of tenancy in early twentieth-century southern Italy

Abstract: Minister at the time, drew Parliament's attention to the severity of problems in the area and thus to the need to ensure that the members of the commission were 'persons who enjoyed the fullest confidence of Parliament . . . and of the entire country'.3 It is thus not surprising that the final report of the commission, contained in I2 volumes, provides the most comprehensive, detailed, and accurate portrait available of farming in southern Italy before the First World War. One of the most striking features of this report, and the one with which we are concerned in this article, is its account of southern tenure systems. In sharp contrast to the traditional picture of the south as a land dominated for the most part by large estates worked by wage labour, the commissioners discovered contractual arrangements of much greater variety and intricacy. Our task in this article is first to describe in some detail the tenurial arrangements reported by the commissioners and, second, to demonstrate that there are sound economic reasons for believing that the commissioners' portrait, not the traditional one, is the more authentic. In a nutshell, we argue that complex tenancy relationships in the south represented quite rational responses by landlords and tenants to the problems of high income variance, incomplete or nonexistent credit and insurance markets, and supervision-intensive cash crops (that is, output that was extremely sensitive to the quality of labour inputs). Tenure systems thus constituted attempts by farmers to resolve the difficulties

Pastoral Lease Tenure in Australia: Historical Relic or Useful Contemporary Tool?

Abstract: Pastoral leasehold has evolved as the vehicle for the flexible award of property rights and duties in Australia's rangelands capable of serving as an effective public policy instrument while meeting the needs of titleholders. These capabilities were most clearly revealed during the interventionist phase of planned closer settlement. With the loss of policy momentum directed towards further pastoral development and closer settlement, leasehold tenure appeared to be in danger of becoming a bureaucratic anachronism. More recently, however, the sharply escalating revival of public interest in the rangelands is forcing a re- examination of property rights, with renewed interest in lease tenures as policy instruments, within a context of multiple values and uses, many not being readily tied to private land title. We examine the theoretical arguments as well as the pragmatic case for retaining a distinctive regime of limited property rights in Australia's rangelands, focusing on the following issues: matching property rights with resource contexts; balancing internalities and externalities; timing the award of property rights; specificity and flexibility; coordinated administration; and perceptions and expectations. We conclude by identifying the core attributes of an effective property-rights regime based on lease title. These attributes are: clear specification of the property rights of the lessee, designed to meet the resource needs of the enterprise; performance standards with increasing emphasis on sustainable use; capacity to award additional rights, where additional resources can be internalised effectively; specification of the rights of other interest-groups; powers of resumption for more intensive uses; powers to revise lease conditions; and payment of an annual rent. We foresee the revival of the leasehold system as a mechanism for defining property rights and duties precisely, and as an instrument for delivering policies on a wide range of issues concerning the management and use of the rangelands.

A New Lease on Life: Landlords, Tenants, and Immigrants in Ireland and Canada

Abstract: In Part 1 Wilson reconstructs the family circumstances and estate management of two landlords, Stephen Moore, third earl of Mount Cashell, and Major Robert Perceval Maxwell. Each owned several estates in Ireland and the estate known as Amherst Island in Ontario. She examines how the management of these estates changed over time and highlights the differences between management in the north and south of Ireland, particularly in Counties Down, Antrim, and Cork. She looks at the form the landlord-tenant relationship took in the New World to determine whether tenancy arrangements in the New World offered landlords an opportunity to start afresh or, instead, were influenced by the traditions and financial circumstances of their Irish estates. The second part of the study follows more than one hundred tenant families who, between 1820 and 1860, migrated from the Ards Peninsula in County Down to Amherst Island, where they rented land from Mount Cashell and, later, from Maxwell. Wilson reveals what life was like in the United Parish of St Andrews, why families emigrated and rented on Amherst Island, and what it meant socially and economically to be a tenant in the New World, where most farmers were freeholders. Wilson sets her study firmly in the framework of British, Irish, and American writing on land tenure, and in this comparative context opens the discussion of tenancy among Canadians more widely than anyone has done heretofore. She concludes that both landlords and tenants were more successful in the New World. Wealth and land ownership might be slow in materializing, but the opportunity, the choices, and the attainment of security were all greater than they had been in Ireland.

Tenancy Development in New Shopping Centres: Implications for Developers and Retailers

Abstract: This paper focuses on an investigation of the growing management and marketing problem of tenancy development in new shopping centres. The paper notes the critical importance of tenancy development in an increasingly competitive market, and reports on a survey of thirty shopping centres which examines patterns of tenancy development in the early crucial years of their growth. The survey highlights significant tenancy problems facing some developers/landlords, with major implications for rental income growth, retail synergy and sales growth, and for future shopping centre marketing strategies.

Industrial property : policy and economic development

Abstract: Industrial Property, policy and economic development - the research agenda, Andy Pratt and Rick Ball Documenting recent trends in industrial property investment - the information requirements of the private sector from a practioner perspective, Nick Axford Information sources for non-commercial research on industrial property and industrial activity, Andy Pratt The funding of developments on derelict and contaminated sites, Paul Syms New Land Uses - the recommodification of land for new uses on the city fringe, Dick Pratt High technology firms and the property market, John Henneberry The new partnership - the local state and the property development industry, Rob Imrie and Huw Thomas Charting the uncharted - vacant industrial premises and the local industrial property arena, Rick Ball Property ownership, leasehold forms and industrial change, Colin Lizieri.

Share tenancy, external risk and labour use: A note on Pakistani data

Abstract: This article outlines a labour market based explanation of the institution of sharecropping. It is argued that two distinct rationales for sharecropping within the non‐tradable labour based explanation pertain to the supervisory labour endowments of land owners on the one hand and non‐supervisory family labour endowments of tenant households on the other. The validity of these rationales is tested at a macro level based on data computed for each district of the Punjab and Sind provinces in Pakistan. It is found that a labour market based explanation of sharecropping is important in the Pakistan context. The analysis has some regional and dynamic implications as well.

The Public Housing Tenancy: Variation on the Common Law that Give Security of Tenure and Control

Abstract: This Article explores the character of the public housing tenancy, comparing it with the common law tenancy under private lease law and evaluating the degree to which private lease law will protect the interests of low-income families if current proposals to abolish existing in-kind housing programs are adopted Part II of this Article traces the history of federally funded housing programs and describes the various strategies employed Part III discusses the recent changes in modern private lease law and recounts the basic rights and obligations of the landlord and tenant, which define and govern the rights of low-income families under a cash allowance program Part IV describes the evolution of the public housing tenancy and demonstrates how its development has outpaced that of the common law tenancy Part V explores the legal and social policy implications of dismantling the in-kind housing programs Part VI concludes that the public housing tenancy is necessary to protect public housing tenants from victimization under private lease law

The Onward March of Leasehold Enfranchisement

Abstract: The Leasehold Reform, Housing and Urban Development Act 1993, which was introduced into the House of Commons on 22 October 1992 as the Housing and Urban Development Bill, finally reached the statute book on 20 July 1993.1 Part I of the Act, which is the subject of this note, came into force on 1 November 1993.2 Although popularly characterised as a radical measure, it is actually the latest stage in a process of reform which began in 1967 when the controversial Leasehold Reform Act3 first gave many occupiers of houses who hold under a long lease granted for a 'low (ground) rent,' a right to acquire compulsorily the freehold reversion to their property. This process is referred to as leasehold enfranchisement. As an alternative to enfranchisement, the 1967 Act also made provision for a qualifying tenant to extend his or her lease by claiming a new 50 year term at a ground rent for the site without the buildings. Part I of the 1993 Act extends the scope of the 1967 Act to the more expensive properties which until now had been excluded from its ambit. It also extends the principle of leasehold enfranchisement to flats which, for unconvincing reasons, had not been dealt with in 1967. The extension is by way of a new right of collective enfranchisement exercisable by tenants of flats over the freehold of the block of flats in which they live. The Act also confers on some tenants, who for some reason cannot or do not want to enfranchise collectively, the individual right to acquire a new long lease of the flat in substitution for the existing lease. Just as the 1967 Act proved to be controversial, not least in so far as it dealt with the price to be paid on enfranchisement, the most recent measure was also not without its vociferous critics. Foremost amongst the Act's opponents was the Duke of Westminster who, in a much publicised gesture, resigned from the Conservative Party. The criticisms of the Duke and other landlord opponents of the measure were voiced in both Houses of Parliament by Conservative Members who between them forced the Government to concede over three hundred amendments to the Bill

Enfranchisement of Flats and Right to an Individual New Long Lease

Abstract: Looks (in depth) at the Act brought in on 20 July 1993 affecting Leasehold Reform, Housing and Urban Development, and which has received Royal Assent. Sets out the principal elements of the two schemes and attempts to point out possible difficulties and hazards.

Tenancy and agricultural techniques: evidence from the 1882 commission

Abstract: of Historical Statisti cs, the average density was used in conjunction with the prices for

Is Urban Consolidation Economical? The A.C.T.'S North Watson Case*

Abstract: This paper examines the economics of urban consolidation, using a case study of an Australian Capital Territory (ACT) Better Cities project. The analysis identifies critical areas of such economic assessments, including land costs and third party costs such as resident dislocation and traffic congestion. The ACT leasehold system highlights an important distributional effect of urban consolidation. This study also exemplifies aspects of the Better Cities program and how city structure affects the economic viability of consolidation.

A. Origins and Basic Lines of Development of National Tenancy Law

Abstract: they were working, under different forms of tenancy. 2 In the second half of the XIX century, in relation with the urbanisation process, the wealthiest urban families invested in house construction, building houses for themselves and their relatives, while extra apartments were rented to other people, generally persons related to them by work or social acquaintance. 3 In popular districts, dwellings were built by private investors as well as factory owners as part of their labor strategy. This scheme appeared even more clearly in isolated industrial or mining areas, where workers and their families lived in uniform dwellings whose tenancy was linked to their employment, and which were usually let to them as part of their wage. During this period, low-class families experienced very precarious housing conditions since eviction was common. 4 As a matter of fact, the first set of rules concerning rental contracts were forged with the 1889 Spanish Civil Code, regarding farm and housing accommodation (Title VI, Book IV, Chapters I and II). 5 The urban and economic development of this period called for new legislative instruments in order to regulate the new relationships of a liberal society. Indeed, principles relating to the freedom of parties, the protection of private property and its transmission were codified in the 1889 Spanish Civil Code. Title VI, Book IV, Chapter I and II were devoted to farm and housing accommodation tenancy contracts, while Chapter III included rules on works and services tenancy contracts or location conduction operarum (arrendamiento de servicios) 6 in a period of history when workers were agitating for better working conditions. Afterwards, specific regulation (Leyes especiales) was