"Time-Limited Interests in Land" ed. by Cornelius van der Merwe and Alain-Laurent Verbeke

A comprehensive comparative treatment of six instances of time-limited interests in land as encountered in fourteen European jurisdictions. The survey explores the commercial or social origins of each legal institution concerned and highlights their enforceability against third parties, their content and their role in land development.

The commercial purpose of residential and agricultural leases is contrasted with the social aim of personal servitudes (and its common-law equivalent liferent) to provide sustenance for life to mostly family members making the latter an important estate planning device.
Whereas the ingrained principles of leases and personal servitudes restrain the full exploitation of land, it is indicated that public authorities and private capital could combine to turn the old-fashioned time-limited institutions of hereditary building lease (superficies) and hereditary land lease (emphyteusis) into pivotal devices in alleviating the acute shortage of social housing and in promoting the fullest exploitation of pristine agricultural land.

Contents
General editors' preface
Contributors
Abbreviations
PART I: Introduction and context
1 Setting the scene
2 General introduction
3 Historical evolution of the maxim ‘sale breaks hire'
4 The many faces of usufruct
PART II: Case studies
Case 1: Various instances of time-limited interests
Case 2: What happens if land subject to a time-limited interest is conveyed to a third party?
Case 3: What happens if land subject to a time-limited interest is attached in execution of a debt or the landowner becomes insolvent? Does a previously registered mortgage rank above a subsequently constituted time-limited interest?
Case 4: What happens if the holder of a time-limited interest is dispossessed?
Case 5: Duty of the holder of a time-limited interest to repair, replace and renew
Case 6: Entitlements of the holder of a time-limited interest to fruits of agricultural property
Case 7: To what extent may the holder of a time-limited interest convert his/her interest in the land?
Case 8: Remedies of the landowner against misconduct by the holder of a time-limited interest
Case 9: To what extent can a time-limited interest be sold or donated, burdened with a mortgage or a separate limited right, attached in execution proceedings and included in the holder's insolvency assets?
Case 10: Use of time-limited interests in land for land development
Case 11: The effect of an option to purchase and an obligation to maintain in land development
Case 12: Development of an existing building and land development by a public institution
PART III: Concluding remarks
Modern significance of time-limited interests in land
Bibliography
General index
Country index
Books in the series

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