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Leasehold estate

About: Leasehold estate is a research topic. Over the lifetime, 1589 publications have been published within this topic receiving 21480 citations. The topic is also known as: leasehold & tenancy.


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Journal ArticleDOI
TL;DR: The second line of approach has been largely overlooked as discussed by the authors, and it is only with this second approach that this paper is concerned, that a regulatory program is of greater immediate importance than a farm purchase program.
Abstract: The most obvious solution for the problems of the farm tenant is to enable the tenant to become an owner. In America, indeed, this has generally been assumed to be the only solution. In the early days it was believed that the tenant would save his money and eventually purchase a farm.. Since it has been found that the optimism which assumed that this was a natural process was unjustified, a demand has arisen for assistance by the government to aid the tenant in attaining ownership. Beginning with the Homestead Act,2 where land was given to settlers, through the period where easier credit through such agencies as the Farm Credit Administration3 was regarded as the solution of the problem, government assistance in some form has been available to those who desired to own farms, but the American ideal of the owner-operated farm has been accompanied by the fact of a steady increase in the number of farms operated by tenants.4 The most recent study of the farm tenancy problem, the Report of the President's Committee on Farm Tenancy, recommended a double approach to the problem through more liberal federal aid to tenants to become owners and through state action to improve the condition of those who remained tenants by regulation of their relationships with their landlords.5 The first line of approach has already been adopted with the passage of the Bankhead-Jones Farm Tenant Act6 and the establishment of the Farm Security Administration. The second line of approach has been largely overlooked. It is only with this second approach to the problem that this paper is concerned. With regard to the number of farmers who may be immediately affected, it may well be that a regulatory program is of greater immediate importance than a farm purchase program. The funds available do not permit any immediate prospect of a * A.B., I930, LL.B., I934, Duke University. Member of the North Carolina Bar. On the staff of the Land Policy Division, Office of the Solicitor, United States Department of Agriculture. Author of A Note on the Civil Remedies of Injured Consumers (1I933) I LAW AND CONTEMPORARY PROBLEMS, 67. 1 THE FUTURE OF THE GREAT PLAINS, REPORT OF THE GREAT PLAINS COMMITTEE (1936), 66. 2Homestead Act of May 20, i862, as amended, 43 U. S. C., ??i6i-302. Act of July I7, I9I6, 39 STAT. 360, as amended, I2 U. S. C., ??636-I I48a. 4FARM TENANCY, REPORT OF THE PRESIDENT'S COMMITTEE (Nat. Resources Comm. I937) Table V, Percentage of Farm Tenants, by States, I880 to I935, p. 96. (Hereinafter cited as "FARM TENANCY REPORT.") 'FARM TENANCY REPORT, 11-20. 'Pub. No. 210o, 75th Cong., ist Sess. (I937).

3 citations

Journal ArticleDOI
TL;DR: The spring suffering is a period when almost all farmers face a food shortage as mentioned in this paper, and the conditions are so serious that in the winter and spring whole communi? ties of peasants are reduced to eating roots and bark to keep alive.
Abstract: Approximately 75% of the Korean farmers are ten? ants operating farms that average $y2 acres in size. Out of the produce, one-third to three-fourths of the crop goes to the landlord, while the tenant pays all expenses ? including taxes in many cases, although this is illegal. The situation is due to the large num? ber of tenants wanting land, with no alternative em? ployment available, so that they bargain against each other through gifts and services above the customary or legal rental agreements. The conditions are so serious that in the winter and spring whole communi? ties of peasants are reduced to eating roots and bark to keep alive. "The spring suffering" is a period when almost all farmers face a food shortage. Rents are paid in kind and, when the farmer has sold his share of the rice, paid his debts and bought cheap millet to eat, there is not enough food left for the family to live on through the winter months. Tenancy and poverty have been increasing, in spite of increased production. Japanese interests have taken over much of the best rice land

3 citations

Journal ArticleDOI
TL;DR: The rehabilitation loan program is designed to aid destitute and low-income farm families in becoming self-supporting at a decent standard of living, by the extension of credit for operating goods, furnished upon the basis of individual farm and home management plans, and through the provision to such families of the advice and guidance necessary for the successful completion of such plans.
Abstract: The rehabilitation loan program is designed to aid destitute and low-income farm families in becoming self-supporting at a decent standard of living, by the extension of credit for operating goods, furnished upon the basis of individual farm and home management plans, and through the provision to such families of the advice and guidance necessary for the successful completion of such plans A brief summary of the economic and social justifications for this program is found in the Report of the President's Special Committee on Farm Tenancy,2 which pointed out that approximately 420,000 farm families, already near the bare subsistence level, had been forced below it by agricultural depression, that 500,000 or 600,000 families, normally well above the subsistence level, had, largely as a result of drought, exhausted their resources of capital and credit, and that another large class of farm families, including "probably the great majority of the I,83I,000 tenant and cropper families of the South," is obliged to seek operating capital at crippling rates and under such conditions as to perpetuate the cash-crop system The Report, in developing the type of loan program suitable for these classes of farm families until they are able to qualify for bank credit, stressed the need of technical guidance to assure an effective expenditure of funds and stated that "a primary objective" of the system of rehabilitation loans "should be to stimulate the development of better lease contracts" The

3 citations

Journal Article
TL;DR: In this article, the authors define identity property as "property that is strongly linked to one's sense of self and family and is valued by its holder primarily for what it represents" and examine the formal agreements that relatives who jointly own cottages make when they decide to opt out of the tenancy in common default rules.
Abstract: This Article is about "identity property," which it defines as property that is strongly linked to one's sense of self and family and is valued by its holder primarily for what it represents. Identity property is often jointly inherited by siblings or other relatives, who take as tenants in common. Standard doctrine relies on familial bonds and the unilateral right of partition to mitigate the problem of bilateral monopoly and to foster cooperation in the management of the tenants' common resource. The Article argues that, in the context of identity property, this standard account is wrong. Rather, because the law favors partition by sale, the exit of one tenant often means that the remaining cotenants will be forced to sell the identity property. Because the remaining tenants perceive the property as nonfungible, the threat of exit is powerful enough to exacerbate the bilateral monopoly and decrease the likelihood of cooperation. The Article relies on the example of the family cottage to elucidate the meaning of "identity property" and examines the formal agreements that relatives who jointly own cottages make when they decide to opt out of the tenancy in common default rules. These formal agreements reveal a willingness to sacrifice the right of exit in order to increase the odds that co-tenants will continue to own the identity property. The Article argues that the law should heed the message of these formal agreements and adopt a more flexible approach to the inheritance of identity property, including the possibilities of temporal partition and facilitated agreement. INTRODUCTION I. A REPRISE OF TENANCY IN COMMON LAW A. The Law as Applied to Inherited Identity Property 1. Family Cottages 2. Tenancy in Common Law in Action B. Tenancy in Common Opt Out II. THE CONSEQUENCE FOR PROPERTY LAW III. TREATING IDENTITY PROPERTY DIFFERENTLY A. Temporal Partition B. Facilitated Agreement CONCLUSION INTRODUCTION Property textbooks are full of legal doctrines that were once important but now merit little more than an historical footnote--the fee tail, the Rule in Shelley's Case, the destructibility of contingent remainders. This Article suggests that tenancy in common, while not yet passe, is no longer as robust as it once was. No one with legal sophistication who wishes to jointly own property opts for a co-tenancy. Instead they form limited liability corporations, limited partnerships, or trusts. Most modern tenancies in common, in contrast, occur accidentally through the confluence of default property rules and poor estate planning. Often the property that is the subject of these accidental tenancies is extraordinarily dear to both the testator and the heirs. The accidental nature of many tenancies in common, coupled with the kind of property involved, should prompt an overhaul of our approach to this ancient form of ownership. Margaret Radin famously wrote that there is a relationship between property and personhood. That is, "[m]ost people possess certain objects they feel are almost part of themselves." (1) In Radin's formulation, such objects are "bound up with the holder" (2) and essential to the self; the loss of these objects harms the individual and interferes with the ability to flourish and develop. As Stephanie Stern has recently argued, emerging social science has called into doubt the extent to which any one piece of property can be essential to the self. (3) As such, this Article does not rely on Radin's "personhood" terminology and instead refers to the inherited property with which it is concerned as "identity property." (4) "Identity property" is Radin's personhood property ratcheted down. Identity property is closely linked to one's sense of self and family and is valued primarily for what it signifies and embodies, not for its economic worth. As with Radin's "personhood property," identity property is nonfungible and thus cannot be replaced even by a mostly identical item with the same market value. …

3 citations


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Performance
Metrics
No. of papers in the topic in previous years
YearPapers
202340
2022125
202128
202028
201956
201857