Land law responses to the sharing economy : short-term lets and title conditions

Combe, Malcolm M. (2017) Land law responses to the sharing economy : short-term lets and title conditions. Juridical Review (4). pp. 219-229. ISSN 0022-6785

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Short-term lets of land are not a new phenomenon. In contrast, the processes by which many shortterm lets are advertised and arranged are decidedly modern, making use of internet platforms in a way that allows accommodation providers and customers to conclude deals quickly, remotely and with relative ease. This opportunity, and the related increase in short-term lets in some neighbourhoods, brings certain challenges. Alongside any public regulatory response to those challenges, traditional land law devices, namely title conditions, might play a role. The nature and effectiveness of that role will depend on the applicability and enforceability of real burdens which commonly occur in residential areas, which will dictate whether they can be used by residents who have been affected by a neighbour’s proximate, problematic short-term letting activities


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