Custom Search
Showing posts with label Real Property. Show all posts
Showing posts with label Real Property. Show all posts

Tuesday, August 12, 2008

Villa

Villa


A villa was originally an upper-class country house, though since its origins in Roman times the idea and function of a villa has evolved considerably. After the fall of the Republic, a villa became a small, fortified farming compound, gradually re-evolving through the Middle Ages into luxurious, upper-class country homes. In modern parlance it can refer to a specific type of detached suburban dwelling.
The Albertian Villa Medici in Fiesole: terraced grounds on a sloping site.
The Albertian Villa Medici in Fiesole: terraced grounds on a sloping site.


Roman

An old Italian wall surrounded by flowers near a Villa.
An old Italian wall surrounded by flowers near a Villa.
Main article Roman villa.

A villa was originally a Roman country house built for the upper classes. According to Pliny the Elder, there were several kinds of villas: the villa urbana, which was a country seat that could easily be reached from Rome (or another city) for a night or two, and the villa rustica, the farm-house estate, permanently occupied by the servants who had charge generally of the estate, which would centre on the villa itself, perhaps only seasonally occupied. There was the domus, a city house for the middle class, and insulae, lower class apartment buildings. Petronius Satyricon describes a wide range of Roman dwellings. There were a concentration of Imperial villas near the Bay of Naples, especially on the Isle of Capri, at Monte Circeo on the coast and at Antium (Anzio). Wealthy Romans escaped the summer heat in the hills round Rome, especially around Tibur (Tivoli) and Frascati (cf Hadrian's Villa). Cicero is said to have possessed no fewer than seven villas, the oldest of which was near Arpinum, which he inherited. Pliny the Younger had three or four, of which the example near Laurentium is the best known from his descriptions.

Roman writers refer with satisfaction to the self-sufficiency of their villas, where they drank their own wine and pressed their own oil. This was an affectation of urban aristocrats playing at being old-fashioned virtuous Roman farmers, but the economic independence of later rural villas was a symptom of the increasing economic fragmentation of the Roman empire. When complete working villas were donated to the Christian church, they served as the basis for monasteries that survived the disruptions of the Gothic War and the Lombards. An outstanding example of such a villa-turned-monastery was Monte Cassino.

Numerous Roman villas have been meticulously examined in England. Like their Italian counterparts, they were complete working agrarian societies of fields and vineyards, perhaps even tileworks or quarries, ranged round a high-status power center with its baths and gardens. The grand villa at Woodchester preserved its mosaic floors when the Anglo-Saxon parish church was built (not by chance) upon its site. Burials in the churchyard as late as the 18th century had to be punched through the intact mosaic floors. The even more palatial villa rustica at Fishbourne near Winchester was built uncharacteristically as a large open rectangle with porticos enclosing gardens that was entered through a portico. Towards the end of the 3rd century, Roman towns in Britain ceased to expand: like patricians near the centre of the empire, Roman Britons withdrew from the cities to their villas, which entered on a palatial building phase, a "golden age" of villa life. Villae rusticae are essential in the Empire's economy.

Two kinds of villa plan in Roman Britain may be characteristic of Roman villas in general. The more usual plan extended wings of rooms all opening onto a linking portico, which might be extended at right angles, even to enclose a courtyard. The other kind featured an aisled central hall like a basilica, suggesting the villa owner's magisterial role. The villa buildings were often independent structures linked by their enclosed courtyards. Timber-framed construction, carefully fitted with mortices and tenons and dowelled together, set on stone footings, were the rule, replaced by stone buildings for the important ceremonial rooms. Traces of window glass have been found as well as ironwork window grilles.


Sub-Roman

As the Roman Empire collapsed in the fourth and fifth centuries, the villas were more and more isolated and came to be protected by walls. Though in England the villas were abandoned, looted, and burned by Anglo-Saxon invaders in the fifth century, other areas had large working villas donated by aristocrats and territorial magnates to individual monks that often became the nucleus of famous monasteries. In this way, the villa system of late Antiquity was preserved into the early Medieval period. Saint Benedict established his influential monastery of Monte Cassino in the ruins of a villa at Subiaco that had belonged to Nero; there are fuller details at the entry for Benedict. Around 590, Saint Eligius was born in a highly-placed Gallo-Roman family at the 'villa' of Chaptelat near Limoges, in Aquitaine (now France). The abbey at Stavelot was founded ca 650 on the domain of a former villa near Liège and the abbey of Vézelay had a similar founding. As late as 698, Willibrord established an abbey at a Roman villa of Echternach, in Luxemburg near Trier, which was presented to him by Irmina, daughter of Dagobert II, king of the Franks.

Post-Roman

In post-Roman times a villa referred to a self-sufficient, usually fortified Italian or Gallo-Roman farmstead. It was economically as self-sufficient as a village and its inhabitants, who might be legally tied to it as serfs were villeins. The Merovingian Franks inherited the concept, but the later French term was basti or bastide.

Villa (or its cognates) is part of many Spanish placenames, like Vila Real and Villadiego: a villa is a town with a charter (fuero) of lesser importance than a ciudad ("city"). When it is associated with a personal name, villa was probably used in the original sense of a country estate rather than a chartered town. Later evolution has made the Hispanic distinction between villas and ciudades a purely honorific one. Madrid is the Villa y Corte, the villa considered to be separate from the formerly mobile royal court, but the much smaller Ciudad Real was declared ciudad by the Spanish crown.

Renaissance

In 14th and 15th century Italy, a 'villa' once more connoted a country house, sometimes the family seat of power like Villa Caprarola, more often designed for seasonal pleasure, usually located within easy distance of a city. The first examples of Renaissance villa dates back to the age of Lorenzo de' Medici, and they are mostly located in the Italian region of Tuscany (the "Medici villas") such as the Villa di Poggio a Caiano by Giuliano da Sangallo (begun in 1470) or the Villa Medici in Fiesole (since 1450), probably the first villa created under the instructions of Leon Battista Alberti, who theorized in his De re aedificatoria the features of the new idea of villa. The gardens are from that period considered as a fundamental link between the residential building and the country outside. From Tuscany the idea of villa was spread again through Italy and Europe.

Rome had more than its share of villas with easy reach of the small sixteenth-century city: the progenitor, the first villa suburbana built since Antiquity, was the Belvedere or palazzetto, designed by Antonio Pollaiuolo and built on the slope above the Vatican Palace. The Villa Madama, the design of which, attributed to Raphael and carried out by Giulio Romano in 1520, was one of the most influential private houses ever built; elements derived from Villa Madama appeared in villas through the 19th century. Villa Albani was built near the Porta Salaria. Other are the Villa Borghese; the Villa Doria Pamphili (1650); the Villa Giulia of Pope Julius III (1550), designed by Vignola.

However, many among the most beautiful Roman villas, like Villa Ludovisi and Villa Montalto, were destroyed during the late nineteenth century in the wake of the real estate bubble that took place in Rome after the seat of government of a united Italy was established at Rome.

The cool hills of Frascati gained the Villa Aldobrandini (1592); the Villa Falconieri and the Villa Mondragone.

The Villa d'Este near Tivoli is famous for the water play in its terraced gardens. The Villa Medici was on the edge of Rome, on the Pincian Hill, when it was built in 1540.

List of famous villas

Palladio's usage

Main article Palladian Villas.

In the later 16th century the villas designed by Andrea Palladio around Vicenza and along the Brenta Canal in Venetian territories, remained influential for over four hundred years. Palladio often unified all the farm buildings into the architecture of his extended villas (as at Villa Emo).

Later usage

Heritage villas, late 19th century, Auckland, New Zealand.
Heritage villas, late 19th century, Auckland, New Zealand.

In the early 18th century the English took up the term. Thanks to the revival of interest in Palladio and Inigo Jones, soon neo-palladian villas dotted the valley of the River Thames. In many ways Thomas Jefferson's Monticello is a villa. The Marble Hill House in England was conceived originally as "villas" in the 18th-century sense.

In the nineteenth century, villa was extended to describe any large suburban house that was free-standing in a landscaped plot of ground. By the time 'semi-detached villas' were being erected at the turn of the twentieth century, the term collapsed under its extension and overuse. The second half of the nineteenth century saw the creation of large "Villenkolonien" in the German speaking countries, wealthy residential areas that were completely made up of large mansion houses and oftentimes built to an artfully created masterplan. The Villenkolonie of Lichterfelde West in Berlin was conceived after an extended trip by the architect through the South of England.

With the changes of social values in post-colonial Britain after World War I the suburban "villa" became a "bungalow" and by extension the term is used for suburban bungalows in both Australia and New Zealand, especially those dating from the period of rapid suburban development between 1920 and 1950. The villa concept lives on in the German speaking countries, southern Europe, Latin America and particularly on the American westcoast, where villas are associated with upper-class social position and lifestyle.

Modern architecture also produced some important examples of buildings called "villas":


From Wikipedia, the free encyclopedia

Sunday, July 27, 2008

Real property

Real property

In the common law, real property (or realty) refers to one of the two main classes of property, the other class being personal property (personalty). Real property generally encompasses land, land improvements resulting from human effort including buildings and machinery sited on land, and various property rights over the preceding.

The concept is variously named and defined in other jurisdictions: heritable property in Scotland, immobilier in France, and immovable property in Canada, United States, India, Pakistan, Bangladesh, Malta, Cyprus, and in countries where civil law systems prevail, including most of Europe, Russia, and South America.

Estates & ownership interests defined

The law recognizes different sorts of interests, called estates, in real property. The type of estate is generally determined by the language of the deed, lease, or bill of sale through which the estate was acquired. Estates are distinguished by the varying property rights that vest in each, and that determine the duration and transferability of the various estates. A party enjoying an estate is called a "tenant."

Some important types of estates in land include:

  • Fee simple: An estate of indefinite duration, that can be freely transferred. The most common and perhaps most absolute type of estate, under which the tenant enjoys the greatest discretion over the disposition of the property.
  • Conditional Fee simple: An estate lasting forever as long as one or more conditions stipulated by the deed's grantor does not occur. If such a condition does occur, the property reverts to the grantor, or a remainder interest is passed on to a third party.
  • Fee tail: An estate which, upon the death of the tenant, is transferred to his heirs.
  • Life estate: An estate lasting for the natural life of the grantee, called a "life tenant." If a life estate can be sold, a sale does not change its duration, which is limited by the natural life of the original grantee.
  • Leasehold: An estate of limited duration, as set out in a contract, called a lease, between the party granted the leasehold, called the lessee, and another party, called the lessor, having a longer lived estate in the property. For example, an apartment-dweller with a one year lease has a leasehold estate in her apartment. Lessees typically agree to pay a stated rent to the lessor.

A tenant enjoying an undivided estate in some property after the termination of some estate of limited duration, is said to have a "future interest." Two important types of future interests are:

  • Reversion: A reversion arises when a tenant grants an estate of lesser maximum duration than his own. Ownership of the land returns to the original tenant when the grantee's estate expires. The original tenant's future interest is a reversion.
  • Remainder: A remainder arises when a tenant with a fee simple grants someone a life estate or conditional fee simple, and specifies a third party to whom the land goes when the life estate ends or the condition occurs. The third party is said to have a remainder. The third party may have a legal right to limit the life tenant's use of the land.

Estates may be held jointly as joint tenants with rights of survivorship or as tenants in common. The difference in these two types of joint ownership of an estate in land is basically the inheritability of the estate. In joint tenancy (sometimes called tenancy of the entirety when the tenants are married to each other) the surviving tenant (or tenants) become the sole owner (or owners) of the estate. Nothing passes to the heirs of the deceased tenant. In some jurisdictions the magic words "with right of survivorship" must be used or the tenancy will assumed to be tenants in common. Tenants in common will have a heritable portion of the estate in proportion to their ownership interest which is presumed to be equal amongst tenants unless otherwise stated in the transfer deed.

Real property may be owned jointly with several tenants, through devices such as the condominium, housing cooperative, and building cooperative.

Economic aspects of real property

Land use, land valuation, and the determination of the incomes of landowners, are among the oldest questions in economic theory. Land is an essential input (factor of production) for agriculture, and agriculture is by far the most important economic activity in preindustrial societies. With the advent of industrialization, important new uses for land emerge, as sites for factories, warehouses, offices, and urban agglomerations. Also, the value of real property taking the form of man-made structures and machinery increases relative to the value of land alone. The concept of real property eventually comes to encompass effectively all forms of tangible fixed capital. with the rise of extractive industries, real property comes to encompass natural capital. With the rise of tourism and leisure, real property comes to include scenic and other amenity values.

Starting in the 1960s, as part of the emerging field of law and economics, economists and legal scholars began to study the property rights enjoyed by tenants under the various estates, and the economic benefits and costs of the various estates. This resulted in a much improved understanding of the:

  • Property rights enjoyed by tenants under the various estates. These include the right to:
    • Decide how a piece of real property is used;
    • Exclude others from enjoying the property;
    • Transfer (alienate) some or all of these rights to others on mutually agreeable terms;
  • Nature and consequences of transaction costs when changing and transferring estates.

For an introduction to the economic analysis of property law, see Shavell (2004), and Cooter and Ulen (2003). For a collection of related scholarly articles, see Epstein (2007). Ellickson (1993) broadens the economic analysis of real property with a variety of facts drawn from history and ethnography.

Historical background

In common law, real property was property that could be protected by some form of real action, in contrast to personal property, where a plaintiff would have to resort to another form of action. As a result of this formalist approach, some things the common law deems to be land would not be classified as such by most modern legal systems, for example an advowson (the right to present to the living of a church) was real property. By contrast the rights of a leaseholder originate in personal actions and so the common law originally treated a leasehold as part of personal property.

The law now broadly distinguishes between real property (land and anything affixed to it) and personal property (everything else, e.g., clothing, furniture, money). The conceptual difference was between immovable property, which would transfer title along with the land, and movable property, which a person would retain title to. (The word is not derived from the notion of land having historically been "royal" property.[citation needed] The word royal — and its Spanish cognate real — come from the unrelated Latin word rex, meaning king.)

In modern legal systems derived from English common law, classification of property as real or personal may vary somewhat according to jurisdiction or, even within jurisdictions, according to purpose, as in defining whether and how the property may be taxed.

Bethell (1998) contains much historical information on the historical evolution of real property and property rights.



From Wikipedia, the free encyclopedia