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1 Property in a Transformative Setting I. Facing up to Social and Political Transformation II. Property Theory in a Time of Transformation 2 Property in the Centre: The Rights Paradigm I. Property in the Rights Paradigm II. Three Illustrations 3 Eviction in the Rights Paradigm I. The Right to Evict as an Incident of Ownership II. Eviction, Socio-Economic and Political Power III. The Eviction Challenge 4 Eviction in Landlord-Tenant Law I. Introduction II. Tenant Protection: A Comparative Overview III. Tenant Protection in South African Law IV. Conclusion 5. Eviction of Unlawful Occupiers I. Introduction II. Eviction of Politically Inspired Urban Squatters III. Anti-eviction Protection in South African Land Reform Law IV. Eviction of Gypsies or Travellers V. Conclusion 6 Limitations on Eviction in Other Contexts I. Introduction II. Acquisitive Prescription and Adverse Possession III. Public Access to Private Property IV. Significant Building Encroachments V. Weak Owners VI. Conclusions 7 Conclusions I. Property in the Context of Stability and Change II. Overview of Results III. Property in the Margins
AJ van der Walt is the South African Research Chair in Property Law, at Stellenbosch University, South Africa. His previous publications include Constitutional Property Law (2005).
The book is outstanding on a number of levels: clarity, organization, questions raised, extensiveness and depth of comparative analysis of property law and doctrine, copious footnotes, and wide-ranging sources...The book is a useful addition to the literature on property theory through its marginality perspective and comparative breadth, and to the broad genre of literature on transitions. Mihaela Serban Rosen Law and Politics Book Review Vol 19, No 10, November 2009 ...each chapter brings its own twists and turns so, for the property scholar, material revealed as the work progresses, comes as a continuous, fresh angle on the core argument. The work is extensively cross-referenced, which greatly aids clarity. Van der Walt has worked closely with experts in the field across different jurisdictions and also draws on his own extensive knowledge of South African land rights. Maureen O'Sullivan Web Journal of Current Legal Issues November 2009 The notable achievement of this most interesting book is the integrity and depth of its analysis of issues which arise in contexts involving "tensions in the margins" in the sense of a competition between title holder and a possessor or user with an interest supported by policy. David Carey Miller The Edinburgh Law Review Volume 14, Issue 2, May 2010 Property in the Margins...offers a refreshing new perspective on the question of how to grapple with the social effects of private property rights, which compliments but is distinct from social-obligation theories of property. Van der Walt's book takes property theory in a strong and distinctive new direction. His theoretical perspective is drawn out in an informative and engaging manner through diverse comparative analysis that is clearly the product of careful research and consultation with national experts in jurisdictions other than the author's own. The vast area covered by the comparative analysis, in terms of both the issues addressed and the jurisdictions analysed, is useful for the reader, as it ensures that the book has a broad-ranging practical context in which its theoretical outlook may be applied. Property in the Margins should be warmly welcomed by property theorists and comparative property lawyers, who will benefit from his thoughtful and creative reimagining of the structure of property law. Property in the Margins is a book that genuinely deserves to be called thought-provoking, and to be widely read on that basis. Rachael Walsh King's Law Journal 21.3, 2010 This book opens up a new focus for property discourse...Property in the Margins succeeds in paradoxically establishing the centrality of the margins and demonstrates that property law is "not exclusively or even primarily about the owners and holders of rights", but rather about "those who do not own property and whose lives are shaped and affected by the property holdings of others" (p. 238). Emma Waring The Cambridge Law Journal Volume 70, Part 1