Peter Sparkes – författare

How should a landowner respond when a squatter occupies their land? This book discusses the issues focussing on vindicatio, possessory remedies and trespass, but also explores administrative procedures for their removal. In many cases, these actions derive from Roman laws, which are expertly explored in an introductory chapter. Also included is a chapter exploring human rights interventions in such actions. Twelve case studies offer an extensive and comparative analysis across sixteen European jurisdictions. The basic defendants covered are squatters taking over a home, environmental protesters, licensees and former tenants. The case studies include, amongst others, self-help; restitution; competing claims to ownership (and the relevance of registration systems to claims to ownership); adverse possession; neighbours; nuisance and encroachment.

The loss of a home can lead to major violations of a person's dignity and human rights. Yet, evictions take place everyday in all countries across Europe. This book provides a comparative assessment of human rights, administrative, procedural and public policy norms, in the context of eviction, across a number of European jurisdictions. Through this comparison the book exposes the emergence of consistent, Europe-wide standards and norms.With contributions from experts across Europe, the chapters provide an assessment of eviction procedures in 11 jurisdictions, including Germany, France, Spain, the Netherlands and the United Kingdom. Each chapter examines a number of factors relating to evictions in the respective jurisdiction, such as, the human rights and legal framework, nature and extent of evictions taking place, risk factors leading to evictions and relevant best practice guidance. All together, this book will make a significant contribution to the understanding of the similarities and differences between eviction policies across European states. As the first work of it’s kind to provide an in-depth comparison of eviction policies across Europe, Loss of Homes and Evictions Across Europe will be of great interest to those who are researching European housing law and human rights law and policy. Housing law and public policy makers, and those working within associated European institutions, will also find the data and accompanying analysis invaluable for informing their work.Contributors include: E. Bargelli, W. Borysiak, P. Decker, G. Donadio, R.M. Garcia, M.F. Hrast, C. Hunter, P. Kenna, S. Nasarre-Aznar, S. Nikolic, N. Pleace, C.U. Schmid, P. Sparkes, N. Teller, D. Vermeir, J. Verstraete, M. Vols

The loss of a home can lead to major violations of a person''s dignity and human rights. Yet, evictions take place everyday in all countries across Europe. This book provides a comparative assessment of human rights, administrative, procedural and public policy norms, in the context of eviction, across a number of European jurisdictions. Through this comparison the book exposes the emergence of consistent, Europe-wide standards and norms.

With contributions from experts across Europe, the chapters provide an assessment of eviction procedures in 11 jurisdictions, including Germany, France, Spain, the Netherlands and the United Kingdom. Each chapter examines a number of factors relating to evictions in the respective jurisdiction, such as, the human rights and legal framework, nature and extent of evictions taking place, risk factors leading to evictions and relevant best practice guidance.

All together, this book will make a significant contribution to the understanding of the similarities and differences between eviction policies across European states. As the first work of it’s kind to provide an in-depth comparison of eviction policies across Europe, Loss of Homes and Evictions Across Europe will be of great interest to those who are researching European housing law and human rights law and policy. Housing law and public policy makers, and those working within associated European institutions, will also find the data and accompanying analysis invaluable for informing their work.

Contributors include: E. Bargelli, W. Borysiak, P. Decker, G. Donadio, R.M. Garcia, M.F. Hrast, C. Hunter, P. Kenna, S. Nasarre-Aznar, S. Nikolic, N. Pleace, C.U. Schmid, P. Sparkes, N. Teller, D. Vermeir, J. Verstraete, M. Vols

This book is designed to complement the author's A New Land Law,integrating with that work in its simplified terminology, and emphasising a three-fold functional classification of leases - short residential tenancies, long residential leases and commercial leases. Rented housing is treated as a unified whole, with particular prominence being given to shorthold arrangements. The book includes reference to the changes to the allocation and homelessness regimes proposed by Part II of the Homes Bill 2000. It also considers the impact of the Human Rights Act 1998, the changes to repossession procedures implemented by the Woolf Reforms, and the year 2000 bumper crop of decisions on housing law. Leasehold tenure is undergoing dramatic changes. The book draws a functional distinction between long residential leases and rental arrangements, based on the registrability of long leases, their freedom from rent controls and security of tenure, special controls of management and forfeiture, and enfranchisement rights.Extensive coverage is given to the Commonhold and Leasehold Reform Bill 2000, introduced into the House of Lords in December 2000, and promising improvements in the enfranchisement schemes, additional management controls, and a commonhold scheme. Topics on commercial leases (business and agricultural) given special attention include the reasonable recipient principle for the construction of notices, a decision on the effect on a sub-tenant of an upwards notice to quit by his head tenant, and Law Commission proposals on the Termination of Tenancies (1999). Contents: 1. Renting 2. Contractual Duration 3. Shortholds 4. Allocation and Homelessness 5. Full Residential Security 6. Limited Security Arrangements 7. Tied Accommodation 8. Domestic Protection 9. Residential Rents 10. Condition of Rented Property 11. Assignment 12. Peaceful Occupation 13. Residential Repossession 14. Leasehold Homes 15. Individual Enfranchisement 16. Flat Schemes 17. Commonhold 18. Right to Buy 19. Commercial Grants 20. Renewable Business Leases 21. Termination without Renewal 22. Agricultural Leases 23. Freedom of Business Contract 24. Business Rents 25. Repairs to Business Premises 26.Business Leases of Part 27. Dealings 28. Running of Covenants 29. Forfeiture

In his remarkable, path-breaking new book, Peter Sparkes takes stock of the development of a distinctive body of European land law, taking as his starting point the idea that methods of land-holding permitted by a legal system both shape and reflect the attitudes of the land owners and society in general. However it quickly becomes very difficult to test that idea when the society in question is governed by an internal market composed of 30 countries (the EU-27, including Bulgaria and Romania, and the EEA-3), whose property systems differ so markedly and which reflect such widely differing cultures. Yet the internal market has already effected a gradual equalisation and standardisation across Europe as foreign capital spreads to create equality of yield."We all become better off by joining a larger trading block but the social consequences will be profound: Brits will need to emigrate to the continent to afford a home, Bulgarians will need to make way for them along the Black Sea coast, and title deeds will be reshuffled all over Europe on a giant Monopoly board" writes the author in his preface, before embarking on a dispassionate examination of the beginning of that process of profound change. The opening chapters are devoted to an explanation of how the internal market has created a substantive European land law. Chapter 3 examines the rise of a distinctive European land law, and the development of conflicts principles applying to recovery of land. Chapters 5 to 9 on the marketing and sale of land focus upon Community competence on consumer protection. The decision to treat land as a product like any other in the Unfair Commercial Practices Directive will have wide ranging and far reaching implications and, apart from marketing of land and of timeshares, other chapters deal with conveyancing, contracting and the emerging market in mortgage credit.The book concludes with a miscellany of conflicts rules which are gradually coalescing and form the elements from which a substantive European land law can be forged. A number of topics which it is not possible to cover in detail (VAT, other taxes, environmental controls and agriculture) are touched on briefly, and the same is true of international aspects of trusts and succession.

This book is designed to complement the author''s A New Land Law,integrating with that work in its simplified terminology, and emphasising a three-fold functional classification of leases – short residential tenancies, long residential leases and commercial leases. Rented housing is treated as a unified whole, with particular prominence being given to shorthold arrangements. The book includes reference to the changes to the allocation and homelessness regimes proposed by Part II of the Homes Bill 2000. It also considers the impact of the Human Rights Act 1998, the changes to repossession procedures implemented by the Woolf Reforms, and the year 2000 bumper crop of decisions on housing law.Leasehold tenure is undergoing dramatic changes. The book draws a functional distinction between long residential leases and rental arrangements, based on the registrability of long leases, their freedom from rent controls and security of tenure, special controls of management and forfeiture, and enfranchisement rights. Extensive coverage is given to the Commonhold and Leasehold Reform Bill 2000, introduced into the House of Lords in December 2000, and promising improvements in the enfranchisement schemes, additional management controls, and a commonhold scheme. Topics on commercial leases (business and agricultural) given special attention include the reasonable recipient principle for the construction of notices, a decision on the effect on a sub-tenant of an upwards notice to quit by his head tenant, and Law Commission proposals on the Termination of Tenancies (1999).

In his remarkable, path-breaking new book, Peter Sparkes takes stock of the development of a distinctive body of European land law, taking as his starting point the idea that methods of land-holding permitted by a legal system both shape and reflect the attitudes of the land owners and society in general. However it quickly becomes very difficult to test that idea when the society in question is governed by an internal market composed of 30 countries (the EU-27, including Bulgaria and Romania, and the EEA-3), whose property systems differ so markedly and which reflect such widely differing cultures. Yet the internal market has already effected a gradual equalisation and standardisation across Europe as foreign capital spreads to create equality of yield. "We all become better off by joining a larger trading block but the social consequences will be profound: Brits will need to emigrate to the continent to afford a home, Bulgarians will need to make way for them along the Black Sea coast, and title deeds will be reshuffled all over Europe on a giant Monopoly board" writes the author in his preface, before embarking on a dispassionate examination of the beginning of that process of profound change.The opening chapters are devoted to an explanation of how the internal market has created a substantive European land law. Chapter 3 examines the rise of a distinctive European land law, and the development of conflicts principles applying to recovery of land. Chapters 5 to 9 on the marketing and sale of land focus upon Community competence on consumer protection. The decision to treat land as a product like any other in the Unfair Commercial Practices Directive will have wide ranging and far reaching implications and, apart from marketing of land and of timeshares, other chapters deal with conveyancing, contracting and the emerging market in mortgage credit. The book concludes with a miscellany of conflicts rules which are gradually coalescing and form the elements from which a substantive European land law can be forged. A number of topics which it is not possible to cover in detail (VAT, other taxes, environmental controls and agriculture) are touched on briefly, and the same is true of international aspects of trusts and succession.

Peter Sparkes'' path-breaking text on land law has been rewritten with two aims in mind: to incorporate the seismic changes introduced by the Land Registration Act 2002,along with commonholds, the explosion of human rights jurisprudence, and the unremitting advance of judicial exposition; and to accommodate the author''s developing thinking on the structural aspects of the subject.The book opens with a series of shorter chapters each exploring a fundamental building block: registration; houses flats and commonholds; land, ownership and its transactional powers; social controls balanced by human rights to property; fragmentation by time (the doctrine of estates), divisions of ownership and proprietary rights. In terms of substantive chapters the book opens with discussion of the new transfer system -- paper-based transfer alongside the evolution towards electronic conveyancing -- and the consequent changes to the proof of registered titles and to the registration curtain. The new approach to adverse possession against registered titles has called for extended discussion, as has the authoritative elucidation of the concept of adverse possession in Pye. In terms of proprietary interests the fundamentals are seen as rights to transfer, beneficial interests under trusts which are overreachable, burdens which are endurable, leases, money charges such as mortgages which are redeemable, and the obligations enforcible within the neighbour principle -- easements, covenants and positive covenants being treated as a semi-coherent whole. An attempt has been made to assist students by moving some of the more arcane learning later into the book or into separate chapters where these matters might be more readily ignored by a candidate concerned primarily to prepare for an examination. "A massive amount of research and scholarship has gone into the book, with impressive citation of cases, articles and case-notes, and of other text-books. This newcomer on the scene is a considerable addition to the ranks of serious text-books on land law and the author is to be congratulated."The New Law Journal"The scope of this work is ambitious...it is a bold attempt to take the study of land law forward...much more than a basic land law text book...it would be a pleasure to be able to teach a course requiring students to cover the substance or the bulk of it whether in one or more modules...a difficult blend of background and history, massive referencing, discussion of statute and case law, all wrapped up in a text that is not too difficult to absorb."The Law Teacher"A most interesting and ground breaking book" Michael Cardwell, University of Leeds"At last, a brilliant land law book! I think the approach is marvellous and will strongly recommend it to my students" Keith Gompertz, University of Central England."... takes a more modern approach to the area...I am very impressed with the style, layout and format. It will be a good teaching tool and I am looking forward to using it." Alison Dunn, Newcastle Law School."...not baffling in the way land law texts tend to be" Helen Taylor, University of Teesside"Excellent." Professor Edward Burn, City University.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in England and Wales deals with the  issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure.

An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of  appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter.  Lawyers representing parties with interests in England and Wales will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.