Research

Owning and Dissolving Strata Property

Author or co-authors: Douglas C Harris

Published: (2017) 50:4 UBC Law Review 935

Keywords: Home ownership, Law, Redevelopment / termination,

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Summary:

Strata or condominium property creates multiple privately owned lots or units within an association of owners. Dissolving strata property involves winding-up the association and terminating the private interests. As a result, the non-consensual dissolution of strata property involves the taking of property from those owners who oppose dissolution. This article analyzes British Columbia’s move to facilitate non-consensual dissolution by lowering the required threshold in a dissolution vote from unanimous consent to 80 percent of owners.

The Dynamics of Enduring Property Relationships in Land

Author or co-authors: Sarah Blandy, Susan Bright, Sarah Nield

Published: The Modern Law Review (2018) 81(1), 85-113

Keywords: Law,

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Summary:

This article proposes a new way of looking at property relationships that will enrich our understanding of how they operate. It focuses on property rights in land which are consensual in origin, although this approach could usefully be applied both to non-consensual property relationships and to other property types. Recognising both the temporal and spatial dimensions of land, the dynamics approach reflects the fact that most property relationships are lived relationships, affected by changing patterns and understandings of spatial use, relationship needs, economic realities, opportunities.

The Legal Psychology of Disclosures in the Multi-owned Properties Context

Author or co-authors: Nicole Johnston, Karla Johnston

Published: Presented at the 13th Annual Australian College of Community Association Lawyers Conference, Melbourne 2018

Keywords: Conflicts of interest, Contracts, Information available to owners and residents, Law, Psychology,

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Summary:

Drawing on insights from psychological theories and understandings of mental processing, the paper evaluates the effectiveness of disclosures in aiding purchasing decisions and in mitigating the (potential) harmful effects of conflicts of interest in the multi-owned property environment.

Socio-legal approaches to property law research.

Author or co-authors: Sarah Blandy

Published: Property Law Review (2014) 3 (3), 166-175

Keywords: Comparative research, Governance, Law,

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Summary:

This contribution to the special issue addresses the "what, how, what to be wary of, and why" questions about socio-legal approaches to researching property law. As will become clear, it is not possible to talk about "the" socio-legal approach; this article starts with these definitional difficulties and then discusses the range of research which can be labelled as socio-legal. Following an overview of the challenges faced by the socio-legal researcher, the article concludes by assessing the unique perspective provided by this research approach, with reference to multi-owned properties.

Collective Property: Owning and Sharing Residential Space

Author or co-authors: Sarah Blandy

Published: Modern Studies in Property Law vol 7, ed. N. Hopkins, 152-172.

Funders: British Academy

Keywords: Community, Public/private, Qualitative research/interviews, Sustainability,

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Summary:

The aim of this chapter is to examine, using illustrations from a co-housing development, how property is 'constituted from the bottom up' by those who live it. It is based on empirical research into how residents share and manage the non-privately owned spaces that they hold in common.