John Locke’s Theory of Property

John Locke was born at the time when England was rising against monarchism and the rights of the ordinary people were being revised to envisage the possibilities of sharing power with the ruler. His father was a republican and his views were indifferently influenced by his father to be concerned about the rights of the working people. This was very much reflected in his political theory which cannot be snapped of all ties with this economic and in particular his views regarding property ownership. With his liberal thinking John Locke viewed the ordinary views of rights to property, especially in relation to land as the primary entitlement beyond the prevalent system. His influence in the growth of property laws and later land laws is immense. Property rights and other philosophies in that area have been widely grown and developed much from John Locke’s theory in relation to property. This right to property is not to be confused with personal rights as the rights to a property by an individual is to be celebrated at rem or against all third parties which John Locke divided into:

Common
Private Properties

John Locke’s theory in relation to property can be outlined into:

Divinely ordained nature of property and the labourer;
Self-ownership emanating from such rights to property by application of labour;
Limits on the property and related statues;
Need to protect property and the ultimate necessity of governance.

The above theory is based on his major political essay, the Second Treatise of Government.
This essay will endeavour to critically examine the practicality of his views and whether the theory ultimately delivers any clear message to the development of the property rights. This critical analysis will reflect on the theorists and scholars who wish to remain supportive of Locke’s views and also to set a contrast by discussing the views of those scholars who oppose him. Chapter V of his Treatise would be receiving especial attention in this essay as that is where Locke discussed individual’s rights  to property. Section 25, 26, 27, 28 and 31  will be the pivotal discussions to reflect on the central views of his theory.
The essay has based on the criticisms of all theories from the points of modern day scholars, lawyers and judicial decisions by the courts in England and Wales primarily. An endeavour will be made at the end to circumnavigate the relevance of his theory in modern times.
Examination of The Theory
John Locke’s writing were in refute of Robert Filmer. Robert Filmer was a defender of the divine right of Kings and he also said it was wrong to kill yourself because the king owned your life. But Locke argued that God had given the world to man in common.
John Locke did not give any emphasis on the natural value of the property rather emphasized on the labour of people to add value to the property. He wrote in his Second Treatise on the issue of property and the value of labour with a economical and philosophical acumen.
The main features of Locke’s theory on property are as follows:
– Properties do not have much value as of a divine ordainment rather he is of the view that labour adds the deserving value to the property which is regarded as the principle of first appropriation;
– The ownership to a property is created by the related labour
– That Government proceeds property as Government also protects individual ownerships or rights to the property;
– The Government cannot act arbitrarily to remove individuals from estates and this confirms rights of people to the property and it also establishes that the Government must value individual rights and labours;
– Properties can be private and common properties;
– Property has narrow and wider definitions. In the broad sense in includes rights and interests to the property whereas the narrow sense includes the material goods only;
– Property and rights thereof are natural by application of labour as with labour goods and benefits thereof are created gving entitlement to the producer;  
– Human beings have to take from nature to eat and drink and to produce to live as a natural right to preserve themselves and with this they have an obligation to God. Human beings produce and have rights to his produce as a means to preserve themselves as he opines in section 25;
– God has given this world in common along with the abilities to use this resources therein to live as explained in section 26;

there are things which people own in nature including their person and labour;

– Labour is the means which confirms which is privately owned and commonly owned as discussed in section 28;
– When a person works his labour enters object and that object becomes property and a right is created in that property in the process.
– Man should be taking only what he can use or utilise before it spoils as discussed in section 31 creating a limitation to the property rights; Locke says, “As much as any one can make use of to any advantage of life before it spoils.”  The right to a property is only clear and exclusive as long as it doesn’t jeopardize anyone else’s ability to create equivalent types of property for himself and the purpose and justification for this limit is that “Nothing was made by God for Man to spoil or destroy.”  
– Someone is entitled to take up to the point where there is some left and he is also of the opinion that there should be enough land for everyone as mentioned in section 33;
– Where there is not enough land left then non-owners should labour on owned lands to sustain or preserve themselves as discussed in section 34;
– What property ownership brings happiness and in his capitalist view where everything is owned then that brings greater joy which he discusses in section 37 and he goes to compare unhappiness of unowned lands and people therein in America to happier people in Britain where everything is owned;
– Labour enhances the quality of a land and makes it more productive than it was ever before as a natural waste land;
– That private property attainable by money as he mentions in section 46 and as an exception to his spoilage principle above he explains that money helps people produce more than he can use before getting spoilt as he can sell that property as well and money is not perishable;
– That money is the means to barter and exchange possession of the properties as mentioned in section 50;
– That money allows more industrious and rational  to accumulate wealth and the increased accumulation would jeopardise the possibilities of all to own without the spoilage limitation which also concern personal safety for which civic society is needed to have enforcement authority and men would find it advantageous to form the civic government.  
– Government ensures safety to life, liberty and estate.  Therefore, ownership of private properties is one of the main reasons for the existence of a state. But for tension amongst people, Locke is of the view that not only scarcity of property by ownerships but also by dint of increasing population.
Critical Thinking
From the chronological discussion of the main issues of Locke’s theory on property it appears that his provisos to his own theory as for example, the spoilage theory or natural rights theory to leave for all to have are defeated with the money clause as a means to barter. The theory seems to fail in the claim for God’s nature to be preserved for all. He is of the view that in order to preserve such rights to property humans forms civic societies and governments are established to secure rights to such properties in a guaranteeing manner with authority to enforce the rights to the property. His theory seems to be based on selfishness which also seems to be unfair. Locke’s theory seems to be puzzling, contradictory and without any precise solution.

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Locke’s theory leaves generations of owners which seem to be unfair as only people who can work are allowed to own property. This defeats the democratic norm. During Locke’s time only property owners could vote then the question arises about the justifications of those without owning property willing to be part of the society where they have nothing to protect as personal property. Locke does refer to divinely ordained natural rights to property but his theory goes against the very basic ethos of Christianity. He himself mentioned commonly owned property rights to have come before capitalism, and the selfish ownership of property by a group at the cost of poverty of the other group seems to be against the very basics of Christian beliefs. It does not seem to shake hands with God’s love for all. Locke gives priority to common good over common ownership but common good seems to be elusive in practical world with ownership of properties being controlled by a certain group of the mass. In Locke’s theory, a certain number of people are born to be owners and certain others are born not to have at inception which creates a class structural problem which unjustifiably plunges a group of people in endless toiling whereas the other group does not work or hardly works. This seems to be unnatural at the core when nature did not create such inequalities.
Scholastic Appraisal
Leading scholars have viewed Locke’s theory variably. Some are supportive and many are critical of his theory. Those that are critical have mention inconsistencies and contradictions. I will attempt to highlight some of these points
Hume confronts Locke and acts opposite about property being natural rights. According to Hume private property is constructed by man, not of nature but of convention. Therefore there is no inherent relationship between a thing a being.

Our property is nothing but those goods, whose constant possession is establish’d by the laws of society; that is, by the laws of justice.  

This means that if there is nothing natural then property rights are always open to disruption.
Ramon comments on the second limit placed by John Locke of accumulating property in relation to money. Locke’s assertion that one can accumulate any amount of money is suggested to be incompatible with the first limit as to how much property one can own. The fact natural products differs from money by that natural products will rot and money will not. They are both useful and therefore essentially the same.
Ramon also considers three objections to Locke’s theory i) it does not explicitly account for the development of an employer-employee relationship ii) his theory fails to provide a means of determining what share of the product which is produced rightly belongs to the employer and what share rightly belongs to employees. iii) theory fails to provide a means of determining what share of the product produced as a result of a division of labour rightly belongs to each person involved in its production.
Leo Strauss was of the opinion that Locke in fact believed there is no genuine natural law rather only conventional law.  
Richard Cox in his ‘Locke on War and Peace’ argues that Locke’s Two Treatises are of two levels with opposing views. The first one uses classical orthodox view of God and men and divine relationship and feeling for fellow men whereas the second one views men as Hobbesian creature ruled by passions. But his view seems to be an exaggeration.
Mac Person believes that Locke rather had a hidden assumption of ‘possessive individualism’ and according to Locke society and individual interactions were nothing more than relationship of exchange of properties.  This seems to make Locke’s theory to be harsh and selfish.
MacPherson explains that though Locke is of the opinion that through private ownership entire wealth of the community to increase, yet, there was no guarantee that the wealth would be equally distributed. He is also of the opinion that Locke contradicts himself when he assumes that overall life of all will be bettered regardless of who owns the property,  yet, he expects people who don’t own property to work for those who own for the sake of subsistence which in fact helps the owners accumulate wealth through unfair advantage.
But the above scholars have also been subjected to serious criticisms as well in their assessment of Locke’s theory. For example, Peter Laslett brands MacPherson’s criticism as thoroughly unrealistic and occasionally unhistoric.  
One of the supporters of Locke’s theory, Martin Seliger in his ‘The Liberal Politics of John Locke believes that most of the apparent confusions raised about Locke’s theory of property emanate from misinterpreting Locke’s approach about equality. He is of the view that though Locke posited political equality in nature, yet he never opined that there would be equality of possessions.  
Karl Marx in his Communist Manifesto  believed the abolition of private property as he was of the opinion that the bourgeoisie has always oppressed the working class with private ownership by means of labour where the working class would work and the owners would not work and exploit that working class. He was also of the opinion that the state formulated laws to rule for oppression in support of the ruling or owner class. This seems to be radically different from the views of John Locke.
But Marxism has been criticised as intolerant and unable to survive. Marxism wishes to abolish something when no one is in charge to abolish it or enforce the abolition. This seems to be an absurdity.
Influence
John Locke influenced many epoch making future philosophers with his liberalism. It has been widely argued that though the definition of freedom as per Locke and Marx are very different, yet, even Marx was influenced by Locke’s liberalism. Hence, it seems that with his theory Locke had been able to bring the relationship between men and property to an intellectual level of research.
Conclusion
John Locke’s theory seems to be still influencing the capitalist societies around the world in seeking justifications by the name of freedom to trade and own. His theory also supported in celebrating rights to property and protection of those rights being recognized as part of human rights. But this view has also turned societies selfish to a certain extent by formulating means and trading systems whereby consumerism has grown by manifold. Karl Marx’s view seems to be more scientific in endeavouring to eradicate social class structural problems. But Marx’s theory also seem to go against individual’s rights to celebrate creativity by celebrating its produces. John Locke’s theory has its practical appeal as it is the concept behind which the people work the hardest through competitions. Locke predicted such situations where a group of people with poverty would come to exist but he failed in offering a solution for the problem as well.
Nevertheless, there is no doubt that with its faults Locke’s theory on property and ownerships thereof is still influencing justifications in conjunction with many other fundamental rights. The global leading capitalist nations seem to be practical proponents of this theory in practice. This concept is also connected with our democratic values which have become inalienable.
The scholars are divided in their opinions about Locke’s theory but it is also true that beyond the contradictions within the theory, the theory exposes the truth by which the modern world is functioning as whole where we work every day to own property either tangible or intangible.
 

Development of Emulsion Property

Student’s name: Yang Jiang

Abstract

In recent years, emulsion has taken an important port in our life, such as cosmetic and some other cosmetic industries. The property of the emulsion has a direct impact on our daily life. This paper chose the process of produce bath gel to provide what makes the property change, how to control it and how to make it better. In technically, chose different viscosity, speed rate and concentrate to get different product. Aim to find the best one.

Introduction

An emulsion is formed when two more insoluble phases are blended together with one of them is in the form of liquid drop. Emulsions belong to a two-phase system ofmatter which is calledcolloids. The emulsion is generally non-transparent and inherently unstable. The diameter of drop is between 100nm to 10mm, and the size of it could be observed by an optical microscope. However in this work, an emulsion consisting of two liquids is the objective many companies and institutions tend to take advantages of. To sum up, two types of this emulsion can be formed by mixture. The one which shapes into a water-in-oil system is called W/O emulsion and another is oil-in-water system which is called O/W emulsion.
Emulsion is widely used in manufacturing as a common form of formulated products, and whose properties have been studied in agriculture, medicine, cosmetics and food. Some kinds of emulsion are necessities in daily life, such as: milk, ice cream, vinaigrettes, rubber, latex, crude oil emulsions and even some cutting fluids formetal working. However, an emulsion cannot be obtained easily because emulsions cannot be formed spontaneously. Energy is needed to form an emulsion through shaking, stirring, homogenizing or exposure to power ultrasound. And in this proposal, the emulsion is formed by stirring. Some mixing devices will be adopted to blend Silicon oil and water together. So it is apparent that some parameters can be fixed as constant and the others are what we are interested in to investigate.

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A number of the physicochemical properties of emulsions can only be understood with reference to their dynamic nature. Many properties depend on the volume fraction of both phases and the type of emulsifier present. Because of the low solubility of oil in water it is usually assumed that the oil in an emulsion droplet is isolated from that in neighboring droplets. Emulsion stability refers to as the ability of resisting change in its properties over time. Coalescence happens when droplets crash into each other and combine to form a larger droplet, so the mean droplet size increases over time. Emulsions can also undergocreaming, in which the droplets rise to the top of the emulsion.
In order to keep the emulsion stability, an appropriate surface active agent should be decided to add into the system to increase the kinetic stability of an emulsion so that the size of the droplets keep unchangeable significantly with time.
The emulsions produced by dispersion of a liquid into another insoluble liquid is an aspect of great benefits in cosmetic, pharmaceutical, chemical, and food industries. Present industrial methods applied in emulsification processes have been fully developed and studied. For example, rotor stator devices, and static mixers techniques are well-accepted as important ways of producing small droplets but with another side effects on the liquids, bringing potential hazards to the properties of compounds. It has been proved by plenty of researchers that droplet size is one factor of the most difficult ones to control because some instability phases will be produced among this during the controlling process.
Rotor-stator mixers are usually used for processing of disperse/break solid particles and aggregates and also to colloidal liquid-liquid systems. Such as cosmetic, food, pharmaceutical, health care products and many other industries. As the drop size affects the processing and the properties of the products in the emulsification. The mechanisms that break the drops is the key for design process. Rotor and stator are the two main mechanisms which can break drops in rotor-stator devices.
For emulsification, the industrial processing and some of the product properties are influenced by the drop size. In a two-phase process, the mass transfer rate is proportional to the interfacial area between the two phases. The drop size distribution is varied with the conditions inside the vessel and the length of mixing time and thus the interfacial area is changed with it. Hence successful processing steps are designed by establishing deep understanding of the mechanism of drop breakup. In general, two competing theories have been proved on drop breakup mechanisms to give a good explanation to this phenomenon. So one theory shows that droplet breakup is produced by turbulent eddies (energy dissipation rate) and another is due to the agitator shear rate.
Another widely used mixing device: static mixers, which are also called motionless mixers, have become standard equipment in the process industries. Their application in continuous processes is a good choice to traditional agitation because generally better performance can be obtained with this device at lower cost.
There are also some other kinds of mixing devices such as CSTR and batch reactor. But according to the cost, property of the emulsion, the conditions in the lab and many other factors I chose rotor-stator mixer as the agitator.
The working principle of rotor-stator mixture is shown as below in Figure 1.

Figure 1: Basic principle of rotor – stator mixture when running
In this essay, comparing different emulsion got from different conditions of the mixing due to different conditions of mixing have a direct result that the droplet size changed. The property of the emulsion is influenced by the droplet size.
The viscosity and storage modulus of W/O and O/W fine concentrated emulsions were increased by the reduction of droplet size. And the shear-thinning effects got stronger in the fine emulsions
As silicon oil is the resource which is manly used in cosmetics. How bath gel be different by the different size of droplet is the main purpose. As the rheology of emulsion is influenced by the droplet size, various of bath gel might be produced with different property.

Background

3.1Theory
3.2. Literature review
There have been a large amount of methods of producing polymer emulsions in industrial manufacturing. One of the mainly way of them is emulsion polymerization. Emulsion polymerization has large polymer relative molecular mass, fast reaction rate, low pollution and the equipment and technology with which to produce the emulsion products is easy to get and operated in generation. Recently, more and more scientists have focused on this area. Many factors have an important influence on both yield and quality of the polymerization product in the process of emulsion polymerization, such as the type and concentration of emulsifier, the sorts and concentration of initiator, the intensity of stirring, reaction temperature, the category and concentration of electrolyte and some other technological parameters.
Emulsion polymerization system is a multiphase system, the effect of stirring turn the monomer into droplet separately, which is good for heat transfer and mass transfer. And keep the system mixing, constant temperature, avoid from local overheating. The yield and quality of the emulsion polymer are controlled by stir directly. Many scholars carried out extensive research on the influence of the mixing of emulsion polymerization. Such as Shunmukhan et al, Omi et al, Nomura et al who had studied the effects of mixing on low solid content of the emulsion. Vanderhoff, M. Zubitor, S. Oprea et al, Matejicek et al who has studied the effects of mixing on high solid content emulsion polymerization (> 50%).This paper elaborated how the mixing effects on the quality of products.

Influence of the style of agitator on polymerization

The production capacity of reactor, the quality of product and the accident caused by cooling or heating are all related to the type of agitator. Shearing action, circulating mode and the mixed-ability which were generated by mixing are given by the specific style of agitator. And so does the state of macro-flow. 3 factors should be considered when selecting the style of agitator: 1. High heat transfer coefficient should be ensure from the reactor wall or Immersion coil to the reactants; 2. An obvious effect should be provided in the stirring; 3. Low consumption of energy in the stirring. Therefore, in the process of emulsion polymerization, especially for the industrialized production, we should find out the most appropriate style of agitator by strengthen the research about the relation between mixer and emulsion polymerization.

Influence of mixing intensity on the emulsion polymerization 2.1 The influence of mixing intensity on latex particle size

In the process of emulsion polymerization, mixing intensity has a direct impact on the latex particle size. With the revolution of mixing higher, monomer was divided into smaller beads, the surface area of monomer droplet was larger per cubic centimeter of water, the amount of emulgator adsorbed on the surface was increased, the numbers of micelle were reduced per cubic centimeter of water, the rate of nucleation decreased in phase 1, so does the emulsion grains generated, if the initial monomer amount is fixed, the particle size of latex increases. With the increase of stirring intensity, latex particle size also increases in the process of semi-continuous emulsion polymerization are analyzed and verified by M. Zubitur et al, S. Opera. And they further points out that the stirring intensity also affect the nucleation mechanism: under the low intensity, the micellar nucleation and monomer droplet nucleation were presented. And the distribution of particle size is unimodal features. Therefore, in the emulsion polymerization, the diameter of latex particle is related to the number of latex particle, with the increase of stirring intensity, the number of latex particle decreased, the diameter of latex particle increased, vice versa.
2.2 The influence of mixing intensity on the stability of emulsion
Emulsion stability is one of the most valuable properties in researches involving emulsions concerned by numerous scientists. The influence of stirring intensity on the emulsion stability is mainly manifested in polymerization stability. During the process of emulsion polymerization, droplet condensation may happen raised by coalescence of latex particles within the emulsion, as a result of the loss of polymer emulsion stability. In other cases, during the emulsion polymerization, the condensate may deposit on the reactor components which are accumulated in a thick layer. This is one kind of phenomenon of gel. These phenomena may make the color of emulsion fade away, delicate feeling disappear, affecting the quality of the product seriously.
Stability of high solid content emulsion has two important areas which should be concentrated on to investigate further. On one hand, with an increase in stirring intensity and collision frequency, the emulsion stability which plays an important role in manufacturing products will be decreased. On the other hand, due to the solid content increased inside the emulsion, and the high emulsion viscosity, the emulsion stability in the heat transfer process impact much on the quality of emulsion products. Especially when the mixing intensity is too high, the material internal shearing action is too frequent; the stability of the emulsion polymerization is easy to destroy so finding some methods to keep its stability should be paid special attention to control the mixing intensity.
In pharmaceutics, hairstyling, personal hygiene, and cosmetics, emulsions are frequently used. These are usually oil and water emulsions but dispersed, and which is continuous depends in many cases on the pharmaceutical formulation. These emulsions may be called creams, ointments, liniments (balms), pastes, films, or liquids, depending mostly on their oil-to-water ratios, other additives, and their intended route of administration.[10][11]The first 5 are topical dosage forms, and may be used on the surface of the skin, transdermally, ophthalmically, rectally, or vaginally. A highly liquid emulsion may also be used orally, or may be injected in some cases.[10]Popular medications occurring in emulsion form include calamine lotion, cod liver oil,Polysporin,cortisolcream,Canesten, andFleet.
Microemulsions are used to deliver vaccinesand kill microbes.[12]Typical emulsions used in these techniques are nanoemulsions of soybean oil, with particles that are 400-600nm in diameter.[13]The process is not chemical, as with other types of antimicrobial treatments, but mechanical. The smaller the droplet the greater the surface tension and thus the greater the force required to merge with other lipids. The oil is emulsified with detergents using a high-shear mixer to stabilize the emulsion so, when they encounter the lipids in the cell membrane or envelope of bacteria or viruses, they force the lipids to merge with themselves. On a mass scale, in effect this disintegrates the membrane and kills the pathogen. The soybean oil emulsion does not harm normal human cells, or the cells of most other higher organisms, with the exceptions of sperm cells and blood cells, which are vulnerable to nanoemulsions due to the peculiarities of their membrane structures. For this reason, these nanoemulsions are not currently used intravenously (IV). The most effective application of this type of nanoemulsion is for the disinfection of surfaces. Some types of nanoemulsions have been shown to effectively destroy HIV-1 and tuberculosis pathogens on non-porous surfaces.

Objectives

3.3.1 In this experiment, the first objective is to find the relationship of drop size and stirring intensity. In most cases, an increase in stirring intensity will cause an decrease in the size of every droplet inside of the oil-in-water emulsion. In order to keep the stability of the system, a fixed concentration of surfactant (SLES) will be added in each experiment to keep a balance between the forces in both directions. Furthermore, the quantity of SLES used in every system should be kept the same. Besides, the time for this kind of experiments is not enough to carry out all, so only one type of the agitator will be investigated. Therefore, the parameters which can be changed are the speed of the agitator, the oil viscosity and different time intervals.

The second objective is to link droplet size to the viscosity of oil. Different concentration and viscosity of oil may render the emulsion system unstable with respect to time, because different oil viscosity means different Reynolds number showing different flow regime that the emulsion is. And thus the other important properties of the emulsion should be affected by the mean viscosity of the oil phase and water phase.

The third objective is to investigate the effect of concentration of aqueous phase have on the droplet size.

At the same time, the mixing time can influence the size of the oil droplet and its distribution. So that is another meaningful point to investigate.

Methodology

Viscosity of the oil is: 10, 1000,12500and 30000 cSt.
The agitator rotor can run from 10000 to 20000 RPMs for a rotor stator system.

Resources requirements

Laboratory Safety

The author has attended an introduction about health and safety and will obey all rules in the lab. While working with lots of harmful chemicals, I have read the instruction of chemical use which provides some vital information in case of emergency. All the cutters using by stirring operations must be assessed before use. Lab coat, safety glasses and nitrile rubber gloves should be dressed in case of potential danger. I have been working safety in the lab for about half a year in my college and I claim that I have known what I should do for emergent situation and decrease the degree of danger to the least.

Work plan

Beneficiaries

References

 

Ownership of Property in Islamic Law

Abstract
Property ownership has been highly debated in recent years especially when it comes to women. The case of Muslim women has been alarming in certain Islamic countries because though women are allowed to own property some traditions when put together with some Islamic Laws are highly restricting women’s ownership property. Property in this light includes land, house and other tangible properties.
This paper based on illustrating the different sources of property acquisition which has been hindered due to, in most case deliberate confusion of Islamic laws and customary laws which had restricted the ownership of property by Muslim women in different Islamic regions.
INTRODUCTION
Women in many countries still face inequality at home, in their communities and the society at large. They are usually left in the background because of state laws, customary laws and religious beliefs. This inequality also affects their right of property ownership. The rights of women to own, inherit, manage and dispose of property whether tangible or intangible has been minimized by individuals, customs and laws in many countries of the world today. These women who most often constitutes a greater population of the country, are not give the opportunity to own land, houses, cars, bank account, cattle, crops and many other forms of property. Women’s right to property most often depends on the relationship they share with men around them.

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Religion too has also had an impact on the ownership of property by women when put together with customary beliefs. These two when put together in extreme cases greatly limits the right of a women to own property. Religion has been interpreted to the detriment of the Islamic woman but to the advantage of the Islamic man. These several interpretation of Islam under different customary laws has reduced the rights of women to own property.
This paper therefore brings out the role of Muslim religion on the ownership of property by Muslim women. Examine what the Islamic religion says about women owning property and what is the real situation at hand. That is how the Islamic religion is integrated with tradition and state law and its impact on the ownership of property by Muslim women in Muslim regions.
The Role of Islam in Property Ownership amongst Muslim Women
Historically, the Quran acknowledges the right of women to own property. The Quran explains important post held by women during the period of the prophet which made them to acquire property. In general terms the Islamic law allows women to hold, use and dispose of property but when you go into details the terms become very complicated and this therefore restrict these women. The Islamic law acknowledges the fact that a woman should be given what she earns and which can be a man’s when she willingly transfers it to the man. But when we consider the fact that Muslim women are suppose to be very reserve, their right of property ownership which can be gained only when they are exposed is restricted. To own a property in any form means you need to manage this property and this management cannot be adequately established in the private space you need the public space. The following analyses discuss the different ways in which property can be acquired but which women are being restricted in societies where Islam and tradition are being practiced in extremes.
Inheritance
In Islam the man is considered the head of the family and has the right to own property. Inheritance which is a form of property ownership highly favors the man. Though women have the right to inherit property of a deceased member of their family, their own share is usually half of what the man inherits. Though women have the right to inherit from their father, it is usually two shares for men and one for women. They believe that women do not have any obligation to take care of the family as the men do, therefore the men should be given more. In most traditional Islamic countries the combination of customary and Islamic law against women concerning this issue makes women to be totally refused the right of property ownership. For them since these women do not take care of the family, they should not be given the right to own any property. Also in most law courts like in Northern Nigeria where Islam is practiced, the right of women to inherit property is denied by some judges though Islam accepts these rights.
Most often, the inheritance is done in theory and not in practices. The women are just told that they have been assigned this portion of property which in most cases is never given to them. Property ownership is consider as a man’s business since women are considered to be dependent and weak and needs the support of a man to handle property issues. Annelies Moors (1995) also explains that while in Islamic law women have inheritance rights, these then are generally more limited than those of men. This she explains that, looking into the shares of the widows and daughters, the male preference is usually very clear. This is because, in the case where the husband dies it is difficult for the woman to inherit the husband’s property because she can get married to another man or better still she is suppose to stay under the protection of the men in the husband’s family be it her sons or the husband’s brothers. According to Islam, wives are entitled to one-eighth of the property of their husbands when the deceased husbands have children and to one-fourth if they are childless while daughters on the other hand are entitled to only half the share of their brother’s share. Also, when there is an only daughter she gets half of the deceased father’s property and the rest goes to the father’s male relatives while an only son gets the entire property of the deceased father showing a biased against these women. This is because the property the woman with children owns goes to her children especially if they are boys and if she does not get married, she is given less and most often refused because she can be remarried. The case of a childless woman is worst because she is left with nothing as property even if she contributed in the acquisition of the property.
Also, owning a property means giving the woman an upper hand and changing her private space to a public space. A woman is suppose to be very reserve in her private space and not exposed by owning property to the public space which is considered a man’s space. This perception is different with urban and rural Muslim women. Annelies Moors (1995), discusses that although the women in both area knew their rights of property ownership, some those in the urban areas accepted their own share of the estate but most in the rural areas stayed retrained from acquiring their own shares. This I believe was the result of their customary law in those rural areas which prohibited them.
Education
Education is a form of property acquisition because when you are educated you are exposed to issues of knowing your rights. In most parts of Africa where Islam is practiced, the number of girls going to school has been relatively low compared to the Christian areas. The people do not see the need of educating the girl child since she is believed to be the property of the man. Education is not a priority but early marriages are encouraged. Going to school is meant for the boys who will eventually become a family head and needs education and property to take care of the family. This is very common with Muslims especially in the rural areas who strongly believe in their customary and Islamic laws. Most of them are not aware of any state law or international human rights laws or even the Islamic which give them the right to own property. Vanessa Maher (1974), explains that Berbers in Morocco equivalent of seclusion, and preserving family honor intact in keeping their girl child at home since schools are considered as a corrupting influence and giving access to the public sphere making education very irrelevant.
Work
According to the Islamic law, women are allowed to work but this is usually under certain circumstances and under very strict conditions. In many Islamic countries, job opportunities for women and men are not the same. They are not given equal opportunities because women are highly restricted from public life. A woman is not supposed to work alone with a man because according to the Quran they might be tempted. A woman is not supposed to do any job that will expose her honor of womanhood but she is supposed to remain modest. Islam generally recommends that women stay at home and take care of the home. When Vanessa Maher carried out her field work on Women and Property in morocco in 1974, she pointed out that women do not work for wages because their participation in the ‘public sphere’ is considered immoral. This alone prohibits these women from doing anything that will make them acquire property. Also the man has is oblarged according to Islam to uphold his obligation of maintaining the woman. The husband is responsible for maintaining his wife and the entire family not the other way round even when the wife has the means, so this also discourages Muslim women from working.
According to the Islamic law, women are allowed to work but this is usually under certain circumstances and under very strict conditions. In many Islamic countries, job opportunities for women and men are not the same. They are not given equal opportunities because women are highly restricted from public life. A woman is not supposed to work alone with a man because according to the Quran they might be tempted. A woman is not supposed to do any job that will expose her honor of womanhood but she is supposed to remain modest. Islam generally recommends that women stay at home and take care of the home. When Vanessa Maher carried out her field work on Women and Property in morocco in 1974, she pointed out that women do not work for wages because their participation in the ‘public sphere’ is considered immoral. This alone prohibits these women from doing anything that will make them acquire property. Also the man has is oblarged according to Islam to uphold his obligation of maintaining the woman. The husband is responsible for maintaining his wife and the entire family not the other way round even when the wife has the means, so this also discourages Muslim women from working.
Even the dower and maintenance gift in which the woman is entitled to be given to her for marriage is only owned by her in theory and not in practice. Annelies Moors 1995 when she carried out her research in Palestine explained that “younger village women rarely expressed an interest in selling their gold (which was their dower) to buy productive property; they would rather invest it in their husband and his house”. This is because when she gets married to the man this property automatically goes back to the man since he is supposed to control the family’s resources. At times the dower and maintenance gift are orally given through promises and the woman never receives it.
The dower is gradually losing its value because most contemporary Muslim women will prefer their husbands to invest his resources in the up keep of the family. They do not really care about the dower especially in the urban areas. More so, in case of divorce since the wife does not have any right of property compensation or sharing all what was given to her as dower is taken by the husband. This is because, during marriage the properties she contributes to the family are not regarded as hers but the husband’s property. Annelies Moors (1995), in her research in Palestine explains that women no longer sell their gold dower to buy productive property because independent female ownership of such property clashes with their definition as dependent wives. They instead use it to invest in their families therefore reducing their access to property.
CONCLUSION
Though efforts are being made to enhance property ownership by Muslim women, this issue is more complicated in the rural areas since there are strong customary laws which restrict women. When these customary laws are put together with the Islamic laws, these women are completely isolated in the ownership of property. This is because there is a deliberate confusion between Islamic laws and customary law by men which suppress a woman’s right of owning property making the customary law to predominate. Actual control of property has still remained in hands of the men. Women’s less right of property according to Islamic thoughts is seen to be compensated with the fact that they are under the custody of the men. Property is considered as power, and the more property you own the more powerful you are.
REFERENCES
DUPRET, B., BERGER, M., Al-ZWAINI, L. (Eds.), Legal Pluralism in the Arab World, The Hague, Kluwer International, 1999
ROSEN, L. (2000): The Justice of Islam. Comparative Perspectives on Islamic Law and Society, Oxford U.P
Vanessa Maher (1974); Women and Property in Morocco: The Changing Relation to the Process of Social Stratification in the Middle Atlas. Cambridge University Press.
Annelies Moors (1995); Women Property and Islam: Palestinian Experience 1920-1990. Cambridge Middle East
Ngoné Diop Tine and Mohamadou Sy (2003): Women and Land in Africa: A case Study from Senegal.
 

The Effects Produced by Owning Property in ‘My Wood’

Edward Morgan Forster is a famous English writer and is well known for his novels “Howard’s End” and “A Passage to India”. He was also the author of a book of criticism, some novels, two biographies, as well as many essays and short stories.
Forster was a Bloomsbury’s Group member. That group consisted of philosophers, writers and artists who lived in London and supported the modernist movement at the beginning of the 20th century. E. M. Forster was born in London, but he lived in the countryside of Herforshire. While he was a student of King’s College, in Cambridge, he felt a great interest to other cultures and that is why he traveled a lot afterwards. In 1912 he went to India where his observations and experiences gave him a lot of materials which he used lately writing his famous novel “A Passage to India” (1924). It is the book that he mentions about in the first paragraph of “My Wood.” Forester’s fiction works often describe the impact of social conventions on common human relationships.
The essay “My Wood,” was published in 1926 and it is still encourages readers to think about the essence of materialism and the seductive energy of human property.
The purpose of this essay is to show the effects produced by owning property. Using wit and humor, the author explains that obtaining land may not bring the uncomplicated happiness people might expect.
“My Wood”, is a witty essay describing Forster’s opinion about the possession of a small property he bought with the royalties from his novel. He talks about the effects the wood makes on him. Forster shows a humorously negative attitude to his experience of obtaining land using biblical allusions, the manipulation of sentences and word choice.
Biblical illusions are mostly used to help emphasize his point. In the essay “My Wood” there is a biblical allusion to a passage in Mark, “It is easier for a camel to go through the eye of a needle, than for a rich man to enter into the kingdom of God.” Another allusion is the line Happier Alexander. I think he means Alexander the Great who conquered a lot of foreign lands to increase his empire.

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So, the use of Biblical allusions supports Forster’s opinion, and explains his attitude to possession a land. He points out what is likely obvious, but is not always understood: that if you own a lot of things you can’t move around a lot. He tells that the furniture needs dusting, dusters need servants, servants need insurance, and all these make you think several times before you decide to possess something. Yes, Forster clearly explains that even if something may seem simple, a person should think several times before he decides to be engaged in any endeavor. The attitude of the author is understandable; he is contemplating if the owning of the wood will result in dire consequences. Forster makes a conclusion, telling that a person should think many times before he obligate himself to something. His ideas are forcing him to see and accept the negative influence of the wood on him.
Owning property can’t be seen only as a good thing, and Forster mentions this using manipulation of sentences. He gives indirect meaning to some of his sentences, for example: “My wood makes me feel heavy.” Forster gives the sentence a variation in the meaning, and the reader should understand what he is insinuating.
On my opinion, the target audience is all grown-up population. This essay is not for children for sure, because they are not able to understand the whole deep meaning of it. Mature people, who have read Bible and a lot of other books already, know history and are rather well-educated, are able to understand and value ideas of the author.
In order to reach his reader, Foster makes a lot of examples, tells about his personal experience with owning a land. His viewpoint is well expressed and argued. All examples that he used in the essay are understandable. For example, in his talk about the bird in the 4th paragraph he mentions that just because someone owns a property, it doesn’t mean that he owns totally everything on this property. Also the author tells that owning property makes people greedy and they start wanting more and more, until they achieve the unachievable. Also one of the impacts is that the owner of property wants to make show off of his property. Property makes person so selfish in owning that he can’t benefit anyone else but himself.
And if to look thought the 2nd paragraph we see that the property produces men of weight. And the author mentions that the man of weight is the one who didn’t manage to get into the Kingdom of Heaven. So, the men of weight show the men of self-importance. So, the more property someone has, the more important he considers himself. The man of weight can’t move like the lightning from the East to West, by definition. And Foster agrees that his wood makes him feel heavy.
So, all biblical allusions, word choices, manipulations of sentences, examples and facts make the Foster’s essay interesting and have a big impact on readers. Sometimes his language is too complicated, not understandable, but this is one of the things that make this essay unique, that attracts reader. He uses a lot of metaphors and that is why his style of writing makes readers to think a lot, using their imagination. The topic that is described in “The Wood” is quite simple and understandable, but the way it is presented makes people enjoy reading the essay.
 

Property management, asset management and facilities management

An examination of Property Management, Asset Management and Facilities Management in the context of the management of real property by investors and occupiers
Your essay must include a review of the generic property, facilities and asset management literature that addresses these topics and you are required to reach your own structured conclusions as to the make-up of these aspects of real property management, and the differences and areas of similarity or overlap that might exist between them as operating functions.

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The stakeholders in the facilities management process are chiefly the client or property owner, in other words the investor, on one side. With the tenant or occupier on the other side (Best, Langston, & De Valence, 2003). Money, time and function can be viewed as the drivers off any outcome when evaluating the property management process. It is clear that investors and occupiers will view theses drivers in opposing lights and for this reason will have highly divergent objectives. Investors, by definition, are interested in the return that a property or asset has to offer (Devine, 2003). This contrasts with an occupier who would most likely be concerned with the utility or gain that can be derived from occupying an asset. For this reason, investors will often approach the ambit of property or facilities management in a diametrically opposed manner from those occupying the asset. Essentially, the occupier will be looking for long term occupation, while the investor is driven by the need for short term construction. These different views make it near impossible to agree on an all-inclusive definition of facilities (Devine, 2003). One thing that both parties will agree on is the need to build and occupy a successful and usable building at the lowest possible cost (Best, Langston, De Valence, 2003). The role of facilities management in the economy is gaining increased prominence (Alexander, 1994), particularly the value it can have to inward investment. Competent facilities management provides the infrastructural support for investment inflows (Alexander, 1994) and as such should be given a significant amount of respect in a corporate strategy or in the decision making process. From the investor perspective, this is particularly topical as this goes to the core objectives of any investor; maximizing returns. The occupier will be less affected by the prominence that FM is acquiring, but will affected indirectly.
It is an unfortunate consequence that the differing agendas of the investor and occupier often work against each other. This can clearly, and is shown to, lead to conflict between the two parties during the lifecycle of an asset of facility. For instance, the possessor of a shopping centre will look to reduce costs as much is possible without affecting the tenants, whereas the occupier would ideally like the owner to inject as much capital as possible into the shopping centre. A middle ground has to be found, but the road there can be full of conflicts to be resolved and compromises made. The cost-benefit approach is key to defining assets and properties for the client/owner. Devine (2003) has considered four keys requirements that constitute the investor approach, it is patently clear that profit is the driving force. Firstly, it is required to redefine the cost motivation as a pure profit/return motivation. Secondly, it is vitally important to make tangible those attributes of intelligent buildings that are presently intangible (Devine, 2003). Essentially, this is concerned with building performance and its impact on the performance of the business as a whole. For instance, maximizing space that is not being used optimally or ensuring a tenant mix that results in the highest possible profit (once again, this illustrates the conflict that can arise in facilities management; owners will let go occupiers who are not delivering adequate returns). A further requirement is the need to realign the facility as an organizational competence (Devine, 2003). In other words this is concerned with optimizing the returns per unit of space, space that is under-utilized effects investment return. Finally, the investor is concerned with tilting the cost-benefit balance in favour of the benefits (Devine, 2003). This involves optimizing the life cycle costing to reduce costs and using consultative design to create and run a successful and profitable facility.
Asset management is the planned alignment of physical assets with service demand. It is achieved by the systematic management of all decision-making processes taken throughout the life of the asset (Griffith University, 2005). Essentially, assets are platforms that facilitate service delivery. From an investors point of view, there are several objectives that sum can sum up asset management and address competitive pressures, because in essence that is what management of any asset of facility/property is concerned with; getting the most out of the asset whilst minimizing costs and ensuring competitive advantage over any rivals (Rondeau, Stack, & Fox, 2000). Achieving the best possible match of assets and service delivery strategies is crucial, this consists of ensuring that the assets under use match the needs of the owner or investor. Secondly, to reduce the demand for new assets by adopting strategies that result in non-asset solutions, ie: pursuing all available avenues before financing new assets and thus minimizing costs. The need to maximize the service potential of existing assets is crucial if investors are to minimize costs of existing assets and ensures that service potential is reached. Asset registers are generally used for this purpose (Devine, 2003), their main purpose being to record the existence and costs of different assets. Registers are also employed to ensure that the correct assets are in use and that their management is co-ordinated and appropriate in the context of the service delivery specific to that field. Ultimately, asset registers ensure that assets deliver the value that was intended when invested in (Devine, 2003). Lowering the costs of assets through effective life cycle costing techniques is also an imperative from an investor point of view, this dovetails with ensuring the bottom-line is the focus, this is implemented by maintaining clear accountability and responsibility (Rondeau, Stack, & Fox, 2000).
Facilities Management is performed during the operational phase of a buildings life cycle, which could extend over many decades. As such, it represents a continuous process of service provision that provides support to the owner/investors core business and is a service where improvement will be sought on a continuous basis (Ellison and Sayce, 2007). Essentially, facilities management is associated with day to day running of an asset. This is done most efficiently by implementing a Strategic facility plan (SFP), a SFP is a two-to-five year plan encompassing the entire portfolio of owned and or leased space that sets strategic goals based on an organizations particular strategic aims (IFMA, 2009). SFP helps facility managers do a more effective job and ensures that all employees are working toward the same goals and objectives. A SFP should be flexible and company specific and will ensure that every decision made will positively affect a companys assets and ultimately an investors bottom line (IFMA, 2009)
The facilities plan can be created in four steps, according to the white paper on strategic facility planning (2007). The first step requires the manager to develop an understanding and thorough knowledge of his organizations values and goals. Secondly, scenario planning for all possible scenarios and outcomes should be prepared for; this requires analyzing a companys facility using analytical techniques. Typically, this would include a SWOT analysis (strength, weakness, opportunity and threat (IFMA, 2009). Third, it is necessary to plan for periodic updates to existing plans in response to changes in the market and to plan for changing company goals etc. Fourth, it is necessary to take action based on your plan; to make decisions based on your SFP (IFMA, 2009).
The potential impact that an occupier can have on property worth will also affect the relationship between them and the investor (Ellison and Sayce, 2007). It has been found that in the UK some investors already screen out particular occupiers, suggesting an existing recognition of the impact of the occupier on asset value. Once public awareness and opinion becomes focused on a particular organization or activity and therefore occupiers associated with that activity, the resultant impact on property worth could be significant. A tenant with a high profile and an inferior reputation might reduce the liquidity of an asset by reducing demand from other investors; this would most likely manifest in an increased yield and therefore lower capital values of properties (Elison and Sayce, 2007). A significant difficulty that investors face is their lack of control over who their tenants are. Whilst the equity investor can sell shares in a company that fails to live up to certain standards, a landlord has much less flexibility with a property investment. Due diligence requires investigation of the financial history and capacity of tenants. However, in many cases this does not provide a true reflection on the financial viability of a tenant, this can often result in landlords accepting tenants who negatively affect the value of the building (Elison and Sayce, 2007). Furthermore, the investor is unlikely to be able to refuse an assignee or a sub lessee on reputation grounds under a lease with an open assignment clause. This suggests that such assignment clauses may increase the risk associated with owning/investing in a building over the lifetime of the lease, an issue, which would have to be balanced by any reduction in rent created by a more restrictive clause (Ellison and Sayce, 2007).
Property management, as an operating function, covers a broader spectrum than that of facilities management. Essentially it covers the processes, systems and manpower required to manage the life cycle of a property. This includes acquisition, control, accountability, maintenance, utilization, and disposition (Devine, 2003). It can be viewed as an umbrella, under which the sections of asset and facilities management will fall. The measurement of property management performance takes place within a conceptual framework (Baldry & Amaratunga, 2003). This might appear to be an abstract thing to measure, but facilities management, like any function, has to be measured up to a certain standard. FM is seen to be able to contribute to performance of organizations in many ways, including strategy, culture, control of resources, service delivery, supply chain management and, perhaps most importantly, the management of change (Baldry & Amaratunga, 2003). In order to manage this, units of analysis and levels of analysis have to be conceived. It is clear that investors will attach a higher degree of importance to measuring FM performance as opposed to those merely occupying the facility (although occupiers will feel the direct effects of poor management, they are unlikely to take an active role in measuring it). Investors, with their return dominated objectives will ensure that their facility is being run efficiently and to its maximum potential. In many parts of the world, facilities management has long been seen as a driver of economic growth (Alexander, 1994). For instance in Japan, with a high reliance on office productivity, facilities management is seen as a way of improving the productivity of Japanese office workers (Alexander, 1994)
It is interesting to note that McLennan (2008) sees facility management, particularly in the office sector, as taking two divergent paths, both the result of information being seen as a highly valuable but intangible business resource, Making this information a tangible business asset is the purpose of intellectual capital as a management concept. Intellectual capital can be defined as : “packaged useful knowledge” (McLennan, 2008) The facilities manager is in the powerful position of having access to this data set as a resource. Within the office sector it is about exploiting the strategic value of their knowledge about physical resources. The two paths that exemplify this opportunity are the facilities manger controlling the physical resource on behalf of the investor, or the facilities manager controlling the physical resource on behalf of the occupant. These diverging ways of using information illustrate the difference in approach between investor and occupier. It seems that as part of the knowledge based economy the path relating to the investor can provide more value (McLennan, 2008).
Globalisation is requiring business and facilities to be increasingly agile and adaptive (Green & Price, 2000). This brings a focus to the way in which business decision making is conducted; it is challenging traditional approaches to property from both the occupier and investor perspectives (Green & Price, 2000). This desired environment requires the management of an integration of people, property, and place. It also requires the integration of asset, property, and facilities management. In order to achieve meaningful success in this changing world, it is necessary for the the aims and objective of the investor and occupier to converge. Many developed countries have acted to progressively pursue this coming together of objectives, South Africa, is some way behind.
 

Property investment decision making

Introduction and background
Within the process of property investment decision-making, increasing attention to the relationship between sustainability and business growth. The terms ‘sustainability’ refers to the relationship between environment protection and the economic development related with the industry society (Ratcliffe et al, 2009). As well as, property industry is considering of the business development with responsibility of social and environment. Furthermore, the increasing demands for property assts and investment opportunities that comply with the principle of sustainable development. This concept also discussed by McNamara (2005) the environmental friendly building will become more desirable property asset in future years even if it is not reflected in their current value. Therefore, sustainability development is taking in to account of the real estate company business context.

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Interestingly, Prudential Property Investment Manager Limited (PRUPIM) is the global real estate management company with over £15billion of assets in more than 800 properties. In 2007, the company introduced ‘Sustainable Development: A Framework for Decision Making’ which targeted to minimise the business risk and maximise the market opportunities (Moore, 2007). Leads to the main proposal of the report as following;

To analyse PRUIM Sustainability Development Framework in the UK real estate market focusing upon business park development.
To critically review the Sustainability Development Framework in relation to the portfolio management of PRUPIM.
To critically evaluate the Sustainability Development Framework in terms of, environmental scale of development and impact on the investment portfolio.
To provide recommendations on improving PRUPIM portfolio in order to competitive advantage in UK real estate market.

In particular, area of study in the business park portfolio at The Green Park in Reading and The Oxford Science Park in Oxford by using the interview with two (2) expertises in real estate investment and the academic published literatures.
The chapter 1 of this report provides the published literatures review which concerned to sustainability development. The report focuses on the principle of triple bottom line to emphasise the correlation of economical, environmental and social within the sustainability development of real estate portfolio. Furthermore, the author adopted the sustainability development criteria (Sayce et al, 2004) to align the assessment of sustainable development framework of PRUPIM.
Furthermore, the author provides business analysis of PRUPIM sustainability development framework by using PESTLE analysis. As well as, to identify the critical success factors of the sustainability framework by using Key Performance Index. In addition, the evaluation of PRUPIM sustainability framework in term of environmental, social and economic context this will be mention on Chapter 2.
The chapter 3 of the report provides recommendation in order to short to intermediate term and long term to implementation the sustainability development framework for PRUPIM in further project investment.
CHAPTER 1
Sustainability and Real Estate Portfolio
Emerging of ‘Sustainability’ to ‘Sustainable Development’
Sustainability has become crucial environmental discussions. When an environmental issueis debated in the media, there is frequently a quotation from a scientist or an environmental activist saying that the trend in question is “unsustainable”. The idea of sustainability becomes crucial nowadays. Regarding to, it is much more powerful rhetorically than an idea like being “environmental friendly” (Dresner, 2002).Concept of sustainability was likely formed by the World Council of Churched in 1974 in the report of Ecumenical Study Conference on Science and Technology for Human Development (World Council of Churched, 1974). The environmentalist proposed for response to developing world objection to concerning to the environment when human being in many parts of the world suffers from lack of food and unemployment. Therefore, the concept of sustainable development was put forward by the International Union for Conservation of Nature and Natural Resources in 1980 (International of Union for Conservation of Nature and Natural Resources, 1980).
Furthermore, sustainability issue within the real estate industry has been examined by a number of authors. Pivo and McNamara (2005) defined sustainability and the concept of responsibility property investment (RPI) as to maximize the positive effects and minimize the negative effects of property ownership, management and development on the social order and the natural environment in a way that is consistent with investor satisfactions and reliable responsibilities.
Francesco and Levy (2008) also examined this definition within the others literature, the term “sustainability” might be viewed as providing a framework for adopting investment principle which provide correlation to the economic, social and the natural environments that effectively utilise resources for the current and future generations. As a consequence, sustainability considers the three main elements of economic accomplishment, social development and environmental friendly. With respect of, the social environment, the emphasis is on changing the behaviour of real estate market participants to become more aware of day-today sustainable living.
As a result, sustainability is significantly important for over thirty years the concept has been developed by the scientists, the environmentalists and the social activists. At the initial stage of the discussion in sustainability concept was generated to the awareness of the quality of life for human being, which related to the social welfare and standardise of living of the future generation. Moreover, sustainability in real estate business has been developed under the circumstance of economic growth, environment protection and social wealth consideration to maximising benefits and minimising negative impact to the building owners, developers, and occupiers in term of society responsibility and environmental friendly.
Moving forward to the term of ‘sustainability development’ according to, Dresner (2002), has been discussed sustainability and sustainable development finally came to prominences in 1987, when the United Nations’ World Commission on Environment and Development published the Brundtland report which identified the way to square the circle of competing demands for environmental protection and economical development through out the new scheme of ‘sustainable development’.
The summary of the Brundtland report in 1987 has been defined sustainable development as ‘meet the needs of the present without compromising the ability of future generations to meet theirs needs’ (Dresner, 2002).
Interestingly, Sayce et al., (2004) also have discussed the term of sustainable development became significantly important topic for many governments over the 20th century, following, the Rio de Janeiro declaration in 1992. In this summit, the represent of many countries across the world signed the agreement of principle of sustainable development and actions at international, national and local level. The global agenda is a set of eight main principles that governments should be certify;

The fundamental of human rights to the environmental that is sufficient to people healthy and well-being;
The preservation and proper use of the environment and built environment that profit to current and future generations;
The encouragement of bio-diversity to ensure eco-system protection;
The monitoring of environmental standards and publication of related information;
The prior evaluation of environmental impacts from the development projects;
The all individuals are informed of planned activities and given right to justice;
The conservation is integrated to the planning and implementation of development activities;
The co-ordination with other state towards mutual implementation.

Additionally, Sayce et al., (2004) has been examined the eight principles of sustainable development in scale of the continental and country level as the European Union and the United Kingdom. According to, the Agenda 21 from the Rio 1992 summit. The plan for completing the sustainability development in business as the sets of great challenges for everyone and in this mean time, a combination of governmental legislation, political pressure and increased awareness on the part of the public, places the onus on all professional people to conduct their business in such a way that it does not conflict with the ambition of UK government to promote sustainable development. Sustainable development affects to all those concerned with the creation and maintenance of the built environment. The essence of sustainable development requires that in all development activity, due account is taken of both the short and long term of the activity for all those affected. The professionals in this field have a unique opportunity and obligation, whether they are developers, planning advisers, architects, contractors, building surveyors, property agents or investors. One of the key decisions for buildings that have implications for sustainable development is whether to demolish or retain an existing building. Economically, the decision may seem relatively simple but if the principle of sustainable development as to adopted, the implications become more complex
the UK, Sustainable Development Strategy does not mean having less economic development: on the contrary, a healthy economy is better able to generate the resources to meet people’s needs and new investment and environmental improvement often go hand in hand…. What it requires is that decisions throughout society are taken with proper regard to their environmental impact.
More recently, sustainability development relevance to social responsibility in real estate investment in term of, Social Responsibility Property Investment: SRPI. The property investors have become to be attentive of more ethical and environmental protection in the business development (Rapson et al., 2007). The fundamental of developing built environment to sustainable development required well-documented and becoming to increasingly well-recognised along the property community (Pivo and McNamara, 2005; WWF and Insight Investment, 2005; Morley Fund Management Ltd, 2005). Particularly, the commercial sustainability development implications the developers shall be determine the term of development location, the re-use of land, environmental reservation and “green buildings design” either to, the practices, method and materials employed (Keeping and Shiers, 2004)
The progress forward to sustainability in real estate portfolio to date has mostly been downward to the work of architects and engineers on the development and construction part. On the other hand, there have BREEAM and the “Green Guide” series taken the responsibility to the production of new material of construction and the design as well as, the assessment criteria of sustainable development in property business (Rapson et al., 2007). According to McNamara (2005) cited in Rapson et al., (2007) has been discussed sustainability development have been developed from the circle of problem in the real estate and construction business between engineers or architect, developers, investors and occupiers. Sustainability development could be based on the development from technical knowledge, energy efficient factors and ethical in the business to the persuasion the developers and the investors to realize and interest in the business strategy.
In summary, sustainability has been established over three decade from the group of people those concern to environmentally protection and well-being in the community. From the globalization agreement moved forward to continental scale and government policy of sustainable development. The term sustainability and sustainable development have been examined by a number of authors. In contract, Sustainable development has been developed from conflict in the cycle of real estate and construction. Next section will be explained why sustainability development is significantly important in the UK.
Why sustainable development has taken placed in UK real estate and construction business?
As Sayce et al., 2004 has been discussed the reason why sustainable development taking into account of real estate and construction. According to, the property and construction industry is significantly important to the UK economy and realisations the buildings have been relevance to all activities take place. People in the UK spent over half of their lives inside buildings. The good quality of work place should be affected the performance of the workers in theirs building and leads into the business growth as the result of sustainable development.
Furthermore, construction industry is significantly important to indicate the wealth of the UK’s annual’s GDP. The report, ‘Construction in the UK economy: The Benefits of Investment’ (CBI, 2009) illustrated that sustainability development in construction and real estate industry is the best sector for stimulating employment. According to, every £1 spent on construction business could be generated in the UK GDP growth to £2.84, as the spending not only creates construction output worth £1, but also stimulates growth elsewhere in the economy worth £1.Consequently, the relationship between sustainable development in real estate and construction industry in the UK and the other parts of the economy, as well as, its crucial contribution to the numerous other social and economic contexts including the regional development and employment.
The construction and real estate industry as a whole has to increase the attention into the broader environmental and social agenda. That this, presented by the concept of sustainable development regarding to the built environment affects to all human activities (Curwell and Cooper, 1998). Additionally, in 1999, the Kyoto Protocol is an agreement made under the United Nations Framework Convention on Climate Change. In 1999, targets were agreed worldwide on the reduction of greenhouse gas emissions; the target for the European Union was to reduce emissions to 8 per cent below 1990 levels by 2008-2012 (DTI, 2004).The UK has set itself the goal of reducing the gas emissions by 8-12 per cent by 2010 with respect of the global agreements, sustainability has been highlight on the UK government policy. Later on the same year in 1999, the United Nations Framework Convention on Climate Change has been published the strategy document ‘A better quality of life: Strategy for Sustainable Development for the United Kingdom’ (Tucker et al., 2009). The report is focused on social development in order to, recognize the needs of everyone, environmental protection, carefully use of natural resources and maintain the high level of economic growth and employment (DEFRA, 1999).
The department of the Environment, Transport and the Regions: DETR (2000) also introduced the regulations to monitoring real estate and construction sectors to achieve of more sustainable development. The main proposes for more profitable and competitive, delivery customers’ satisfaction and value added by provide the sustainability building, with respect to create maximization of shareholder wealth. As well as, enhancing and protecting environmental and natural resources. And minimizing the impact of energy consumption particularly, carbon-based and natural resources.
As a result, sustainable development has been contributed from three main contents in term of social, environmental and economic growth. The following section would be presented the significantly important of sustainability development in the equity of society, environment and economy principle.
The triple bottom line principle (TBL)
With the advent of sustainability development paradigm in real estate sector, corporations is become to move into economic conception of responsibility and influence the business strategy in response to environmental protection and changing society expectation (Robinson, 2000). Interestingly, Sayce et al., (2004, p.3) stated in building sustainability in balance of TBL principle as
‘The sustainable development context has three main aspects to be concern in term of Economic, Environmental and Social. The balance of these three elements is said to comply with the principle of the triple bottom line (TBL). Increasingly, corporate bodies are adopting TBL principle in developing their business activities. This is partly in response to legislative imperatives and partly due to an increasing realisation that compliance with and promotion of social and environmental well-being is good for business ‘.
In term of, economic factor refers to financial viability. These include issues of competitiveness advantage, employment, market development and long-term profitability. Economic sustainability is increasingly implicit of value added creation in broader rather than conventional financial accounting. Economical and financial aspects of sustainability development therefore, may be encompassing to decrease operations costs along the management system and emerging the new market through rigorous business integrity policies. As well as, increase productivity and high performance from a motivated workforce and workplace. And attract a new investor by offering opportunity in social responsible investment (ICC, 2002)
As Jamali (2006) has been investigated environmental issues in sustainability development is focused on the impact from business activities to natural system, ecology system, and natural resources for instance, land, air and water. The responsible in environmental engage to comply with government regulations. In generally, the sustainable development in environmentally context also concerned to initiative of recycling and energy efficient. And it has been involved a comprehensive approach to a company’s operations, products and that including the business product assessment, operations processes and services. Furthermore sustainability development in environmental point of view is focused on eliminating waste from the property during the under construction period until the project completion and hand-over to the customers; maximizing the efficiency and productivity of all assets and resources; and minimizing practice that might be negatively affect the natural resources for the future generations.
The social element is become to corporate sustainability in term of centralize on the impact of the organization on the social activities. Particularly in the real estate sectors, social responsibility expectation of diverse groups either, internal and external stakeholders. As well as interest groups comprising civil society are actually considered and skillfully balanced. The social bottom line incorporated topics for instance, public health, society issues, public controversies, education and training, social justice, workplace safety, working environmental, human rights, equal opportunity and labour rights (Jamali, 2006). Therefore, sustainability is crucial in the property company business strategy to being balance between economic growth and the responsibility of environmental and social performance over the long term. Notwithstanding the compelling principle of TBL, the economic performance in the property company is controversial issues of its reliability and sustainability growth and thus as fundamentally element of the corporate social responsibility (CSR). However, to become social responsibility is increasingly understood to both involvement the environmental stewardship and concern to social activities (Windsor, 2001).
Therefore, the challenge facing to the property company nowadays to becoming considered the principle of triple bottom line as a whole for generate and develop the business strategy in order to complying the sustainable development. Hence, the criteria assessment of sustainability development is essentially focus topics. The following section would be examined the sustainable development criteria from the published literature and leads to assessment the existing sustainable development framework of PRUPIM in chapter 2.
 

Residential property investing

Residential Property Investing :-
Information on Investing in Residential Property
When you think of investing, residential property is one of the most lucrative options that you may consider. To make the most of your investment, you must follow the rule of strategic planning and look forward to enjoy the long-term gains.
Like all other investments, you must do enough research and take time to choose the right property. It is equally important to keep an eye on the housing market to identify the fluctuations in the value.
1]Choose the Right Source
The two basic sources of income that you may enjoy from a residential property investment are yield and capital gain. As a percentage of the purchase price, the rental income or yield is actually the estimated yearly annual return. However, if you decide to sell the property, you earn profits in the form of a capital gain.
You may choose to either rent out or sell the property as per your preference but it is vital to consider the present market conditions.
2]Create Long-term Strategies
Be prepared to face the ups and downs of the housing market. In its 7-10 year cycle, the residential property market may go through different phases. As such, you strategies and expectations must be based on long-term financial goals.
If you are renting the house, either find a long-term tenant or else go for the option of changing tenants after the expiry of a specific term. Whatever you choose, make sure that you follow a well thought-out plan that leads towards the maximization of profits.
3]Opt for a Suitable Loan
Choose the home loan option that can go with your current needs while being flexible. You may choose to go for a fixed or a variable rate of interest, depending on your requirements and resources.
You may refinance the loan or alter the features to match the changing lifestyle and circumstances.
4]Consider Tax Deduction
Whether we like it not, we have to bear tax deductions. You will have to pay taxes on your annual rental income or capital gains. Nonetheless, if your annual expenses (loan repayment and maintenance cost) exceed the income, the amount of tax payable will be reduced.
It is better to consult a taxation advisor for managing the taxes in a proper and professional way.
5]Stay Informed
As an investor, you cannot afford to stay ignorant. Be aware of the ever changing trends in the housing market and research the areas of your interest. Update your knowledge by reading related articles and browsing the Internet.
Stay in touch with the industry experts and try to develop an understanding of the market. Such efforts will definitely form a base for the future investment returns.
If your knowledge about the residential property is too low to make a right move, seek assistance from a property agent/finder. You may also visit a financial advisor to discuss the various options for diversifying your investment.
Remember that a carefully designed plan and insight knowledge of the residential property market will let you achieve your target of earning high revenues.
6]Buying a Property below Market Value
Information on how to buy a property under market value
The only way to make quick money is to buy cheap. And in today’s world where everybody is just interested in making a quick buck, the arena of property investing holds a lot of attraction. Property Investment is a numbers game. The competition is becoming intense by the day whether it is ‘buy to sell’ or ‘buy to let’ investment. The best undisclosed truth of many property dealers comes in three simple words: below market value. Most popularly known as BMV, below market value properties are those, which are priced below their current true market worth. When you buy a property below market value, you lock in almost guaranteed profits from day one. That’s the true power of below market value BMV investments.

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A few more terms and understanding residential property investment :-
What is market value?
In most generic terms market value of any product or thing can be determined by the supply and demand. In other words, market value can be described as the price at which the seller is ready to sell his property to the willing and the genuine buyers based on an open and free method. It would be quite simple to apply the same logic to the property investment. The market value of a second hand property would be the price that the seller expects marketing through any local estate agent.
7]Major Strategies of Buying Property below Market Value:-
There are various routes that can lead you to the path of purchasing property that can give you value for your money. Here are some of the best ways to buy property below market value:
a)Repossessions: This is one of the latest though strangest and one of the most controversial sourcing techniques. Here you can directly contact the owner of the house and ask if you could help in stopping the repossession and as a result gain some profit in the entire process. This is undoubtedly a time consuming and tedious process.
b)Auctions: The properties bought in auctions can be described as treasure troves of below market value properties. In auctions it has been mostly observed that properties are generally sold 10 to 30% below the market value. This fast paced process can be quite confusing as well. Before you actually invest into any property in the auction, it is always advisable to do your homework well beforehand finding all the relevant details about that particular property.
c)Classified Ads: Buying is a numbers game. It is best to scan at least 100 properties from your local news paper, shortlist the top thirty views and finally get serious to making offers to five. Offer price, which is 15 to 20% below market value to top property first and gradually move down the order on rejection. Once the offer has been rejected by the last one also in your list again repeat the cycle but this time with 12% below market value price. Following this process, someone would eventually accept your offer.
d)Internet: Another way of buying property at lower rates would be through Internet sites. There are many companies, which advertise the vendor’s properties and certain sites also try to fix up appointments with the vendors. These sites charge commission to the vendor, which is as low as 0.5% of the sale price or may be some fixed fees. As a purchaser you would definitely be expecting this margin coming to you in the form of profit. But that is not really possible as this is relatively quite a small amount of money.
e)Estate Agents: Estate agents add a lot of value to the deals by holding them together, chasing up and negotiating on tricky issues with the vendors. The best plan is to get to know one or two estate agents in an area very well and make sure they know what you want in terms of your budget, type of property requirement – be very open with them. You will be surprised with the good deals that they come up with.
f)Personal Contacts: If you know some one who wants to sell the property you like, the best way would be to approach them. You might be able to crack a good deal particularly if you persuade them they will be saving 2% on the estate agent fees. It is even better if you know them as a friend, since the value of trust you have built up will also be worth a price reduction.
Therefore, if your dream business is property investment, you need to find every possible method of sourcing and give it a try. Maximising your sources will only improve your chances of success.
 

Land Property Rights

A number of prominent cases concerning land and property rights, which have mainly involved women, have been addressed throughout the previous few decades. The above scenario states fundamental principles within the rule of law that have been raised in past cases. In consequence, this paper will be considering various different outcomes of important court decisions, along with the relevant Acts and law that accompany such proceedings. In the scenario, it appears that John, the trustee want to sell Fairview Cottage, however Mary, the beneficiary objects to this.
Following this, considerations will be given to the given scenario, and what advice should be given in such circumstances.
Land law recognises two forms of property ownership, which have been defined as legal ownership and beneficial or equitable ownership. Beneficial ownership concerns a person’s right to live in and use the property, along with the right to any financial gains when the property is sold. The result of beneficial ownership can, therefore, significantly affect the sale of a property.

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The issues concerning beneficial interest were highlighted in Turton v. Turton (1988), during which the Court agreed on the notion that beneficial interests were dependent upon the intent of both parties when purchasing the property. In Walker v Hall (1988), LJ Nourse stated, “It must always be remembered that the basis on which the court proceeds is a common intention, usually to be inferred from the conduct of the parties; that the claimant is to have a beneficial interest in the house. In the common case, where the intention can be inferred only from the respective contributions, either initial or under a mortgage, to the cost of its acquisition, it is held that the house belongs to the parties beneficially in proportions corresponding to those contributions” (As quoted in Family Law Week, 2007).
In order to establish a beneficial interest the claimant needs to prove “a resulting trust by showing that it would be inequitable for the legal owner to claim a sole beneficial ownership” (Privy-council.org.uk, 1999).
A resulting trust is where ones share of the property is proportionate to their contribution made. It Arises due to the intention of the parties. In the case of Drake v Whipp (1995) 28 HLR 531, Peter Gibson LJ stated that it is crucial to distinguish between the different types of trusts. He argued that the distinction was of ‘crucial importance in deciding the size of the claiments size’ in terms of contributions made. The case of Bull v Bull [1955] 1 QB 234 shows the intention of the parties can be determined by the contribution made. In this case Lord Denning in the Court of Appeal stated that the share of the property should be ‘in his or hers respective contribution’ and also explains that each of the parties is entitled to the ‘possession of the land’ if they gave a respective contribution. Peter Gibson LJ in Curley v Parks [2004] EWCA Civ 1515 further explains that only contributions made at the time are relevant. Later contributions are not relevant for a resulting trust.
In this scenario, Mary has contributed 50% of the purchase price. The contributions were made with the intention of the property being used as a family home for the couple and their 3 children. Thus she has an equitable/beneficial interest under a resulting trust. It is also obvious that the contribution was made at the time of purchase, so a resulting trust will be applicable for Mary.
Once its established somebody has a equitable/beneficial interest i.e a resulting trust, it is also important to note if they are in actual occupation, if so then their interests will be overriding. There is no stautory definition of what is meant by actual occupation. Actual occupation was defined by Lord Wilberforce in Williams & Glyn’s Bank Ltd. v. Boland [1981] as ‘some physical presence with some degree of permanence’. This was further confirmed by Lord Oliver in Abbey National Building Society v Cann and Another [1991] 1A.C. 56 where he further stated the emphasis on the degree of permanence. Lord Oliver also discussed when the claimant must be in actual occupation. He said ‘actual occupation required to support such an interest as a subsisting interest must exist at the date of completion of the transaction giving rise to the right to be registered’. The House Of Lords also said that purchaser is bound by all overriding interests, thus giving more rights to the current occupier. The case of Ferrishurst Ltd v Wallcite Ltd [1991] further indicates the necessities for an overriding interest. Once an overriding interest is shown then he/she will have greater rights.
In this scenario Mary ‘lives at Fairview Cottage’ which indicates that she lives there with a ‘degree of permanance’. She also fulfils Lord Oliver’s criteria because she still lives at Fairview Cottage along with her children. Once actual occupation and beneficial interest are proven then a overriding interest will be present and Mary’s rights will be greater than any other persons. The Land Registration Act 1925 (LRA) confirms this, where it states. “The rights of every person in actual occupation of the land or in receipt of the rents and profits thereof, save where enquiry is made of such person and rights are not disclosed”.
Another important topic to discuss is the issue of overreaching. In City of London v. Flegg (1988), the court ruled “that the Fleggs had no interest in the house once the payment had been paid to the Maxwell-Browns, since their interest had been overreached” (Todd, 1996). In this case, Mr and Mrs Flegg claimed a beneficial interest in the property by virtue of s.70(1)(g) of the LRA 1925. According to Todd (1996), this “… decision would probably be different today, following the enactment of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), because overreaching would no longer occur.” Now, overreaching would only occur where the money is paid to atleast two trustees. Overreaching doesn’t occur where the money is only paid to 1 trustee as seen in Williams & Glyn’s Bank Ltd. v. Boland (1981). This led to Lord Wilberforce making the following statement;
‘a husband or a wife (in each actual case a wife) who has a beneficial interest in the matrimonial home, by virtue of having contributed to its purchase price, but whose spouse is the legal registered owner, has an ‘overriding interest’ binding on a mortgagee’ (Wilberforce, 1980. As quoted by Mary Rose Plummer, 2007).
In this scenario it is possible a potential purchaser may be able to overreach Mary’s interest if money is paid to atleast two trustees. However, it is unlikely that Mary’s interests will be overreached as there is only 1 trustee i.e. John.
The rights of an occupant are dependant upon their legal status in relation to both the ownership of the given property and the other party. Individuals that are either married or registered in a civil partnership, according to British law, are automatically entitled to occupancy rights. In consequence, even when a spouse is not mentioned in the title deeds, he or she still has a right to live in the matrimonial home, as stated by the Family Law Act 1996. S.30(1) (FLA) , where the spouse can occupy house if owned by other spouse. However, this right is dependant upon where a divorce or dissoluteness of a civil partnership doesn’t occur.
In consequence, therefore, a person who is not on the title deeds, does hold certain occupancy rights. S. 31(10)(a) FLA 1996 states that matrimonial home rights are minor interests. For a minor interest to be protected, it must be registered by entry on the register of a notice. A notice is defined by the LRA 2002. An entry of a notice will protect the interest from any subsequent purchasers. If a notice isn’t registered then ones right/interest may become void.
As the property is legally owned by her spouse, Mary has the right to occupy it. In order to occupy the house however, she must register this right, by submitting a notice on the register. . It can also be argued that her interest as a spouse is only a minor interest, in relation to this a minor interest must also be registered under S. 29 LRA 2002. If this interest is not registered then it will not be binding.
In addition, not only is Mary physically present, but she also holds clear occupancy rights, which include the right to exclude all those who do not hold the same rights. Fairview Cottage is clearly a matrimonial home, which was bought with the intention of being inhabited by both spouses, along with any existing or future children, of whom all would have a beneficial interest within the property.
The fact that Mary is married to John, that they have three children, and has an equitable interest in the property as that she contributed financially towards the purchase of the property is clearly in Mary’s favour as stated in Family Law Week 2007 where it said “If you are married or in a civil partnership, your spouse or civil partner cannot sell the family home without your permission, even if your name is not on the title deeds”
In addition, when considering the circumstances outlined within the given scenario, it is evident that Mary and John bought the house as a matrimonial home in which they intended to raise their family. As the couple are still legally married the house is still the family home, so the intention is still ongoing.
S.14 of TOLATA 1996 lets anybody who has any type of interest in trust property to make an application for sale. In practicality, Mary can apply to the court to prevent John selling the house, or John can apply for the court to grant permission for sale. Even a potential purchaser wishing to buy the house can apply. As outlined in TOLATA 1996, matters referring to determining an application in accordance with section 14 are dependent on are stated in S.15;
S.15 (1)(a) The intention of the individuals in attaining the property.
S.15 (1)(b) The purposes or reasons for purchasing the property.
S.15 (1)(c) The welfare of legal occupants, including children.
The intentions of John and Mary when purchasing Fairview Cottage, as this paper has clearly demonstrated, was to provide a matrimonial home, which indicates that both had a common intention. The issue of matrimonial home is further discussed in S30 Family Law Act 1996, whereby a spouse has the right to occupy a property is he/she has a beneficial interest. Mary successfully fulfils this criteria. As S.15 (1)(a) and S.15 (1)(b) are still in existence, the court are likely to find in favour of Mary. They should prevent John from forcing a sale upon her.
In addition to this, and in reference to the third factor S.15 (1)(c), the interest of the children is also and seen as an important consideration when considering beneficial applications. In the case of Re Evers’ trust [1980], LJ Omerod stated that it is important to underlay the importance of intention of the trust. In this scenario it was to prvide a family home. He further states that if the children are not mature it would be wrong to order a sale. This is further reiterated in the case if Williams JW v Williams MA [1976]. Therefore in this scenario, if the children are young, then the court is likely to find in favour of Mary, though if the children are mature then that fact should aid John. The ages of the children are unknown. Also, it is not sure what age is considered as ‘mature’ (it could be 18 or 21). If any of the kids are under 18, then a ruling in favour of Mary is likely. However, Judge Wroath in the case of TSB Bank plc v Marshall & Others [1988] stated that even if the children are considered as adults, the courts may not take this issue into consideration when deciding on the sale of a property.
Article 8 of the Human Rights Act (1998) states, “Everyone has the right for his private life and family life, his home and his correspondence,” which infers that children, who are profoundly affected by change brought about by parental disputes such as that portrayed within the given scenario, are protected by law. However the courts are not as likely to consider this in practicality. The courts are more likely to consider S.15 TOLATA 1996. However, as John is the legal owner/trustee of Fairview cottage, it is possible for him to sell under S14 TOLATA 1996 whereby the courts can grant him an application for sale. The courts in doing so would consider the factors listed in S.15 TOLATA 1996, to determine what action to take.
In conclusion, it is evident that Mary has equitable interest of the property. An equitable interest together with actual occupation gives her an overriding interest. If she has this overriding interest then her position as a beneficiary would be even stronger, as her interests would override the interests of any other persons. However it is possible a potential purchaser may be able to overreach her interest. This is only applicable to where money is paid to two trustees, in this scenario John is the only trustee so it is unlikely that this will occur. If John wishes to evict Mary then he must apply under S. 14 TOLATA 1996. The courts will then consider the factors in S. 15 and any other factor it wishes to make a decision in regarding the sale. However, as outlined above it is unlikely that John will be successful. Although John is legally the sole proprietor of Fairview Cottage, the circumstances surrounding the purchase of the property strongly indicate that Mary is in a stronger legal position. The matrimonial status of the couple, for example, the fact that Mary significantly contributed towards financing the project, the original intentions of setting up a matrimonial home, and the presence of children, all indicate Mary’s right to beneficial ownership.
 

Investing in property shares

http://ezinearticles.com/?Pros-and-Cons-of-Indirect-Investing&id=1506834:
Investing indirectly means purchasing shares of companies that hold large portfolios of securities on behalf of their share holders. Indirect investing is a great opportunity for those who are willing to start investing with a small amount, having no previous knowledge or experience of stock market’s ups and downs. You can decide if indirect investing is the right choice for you after examining the following features.

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The advantages associated with investing in property shares is that investors gain from greater liquidity since property company shares are publicly traded and the time taken to buy and sell these shares is far shorter than the time taken to buy and sell real property. Investors can create diversified property portfolios’ of property company shares at relatively low costs and in most cases, buying into diversified property portfolios in acquiring those shares. Transaction costs are lower than direct purchase. Finally since the price of publicly traded shares are known at any given time, there are no uncertainties as to the value of them. This is a contrast to direct investment with the buying and selling of real property, whereby it can take a matter of days to establish the values.
Possibly the biggest advantage of indirect investment is the expertise and high standard management that comes along with investing in indirect property investment vehicles, as far as someone who knows little about property investment is concerned. Property investment companies have experts specializing in investment analysis and portfolio management and these companies will always stand a better chance for positive yields as compared to a common man who barely knows about financial markets.
Furthermore another advantage with indirect investment vehicles is the opportunity for the investor to capitalise on discounts and premiums, especially in the case of close-ended funds. The net asset value of investment company’s share keep going up and down based on company’s performance and these shares are not always traded on net asset value. If sold at a price lower then net asset value, these are said to be sold at discount and if the price is higher then net asset value, they are selling at premium. This provides an opportunity to earn, even when the Net Asset Value has not changed.
Neverthless there are disadvantages to investing in property shares. Firstly, the prices of property shares move up and down with the stock market, as such they are more voliatilie. Between 1970 and 1992 the annualised standard deviation of UK property shares was 27 per cent compared to 11 per cent for direct property as measured by the Jones Lang Wooton Index (Barkham and Gelthbner, 1995). It should be noted that when the impact of gearing was removed form property share prices and when the JLW series desmoothed, the standard deviations were much clooser in magnitude. Since according to finance theory, risk-adjusted returns should equalise, property companies should offer higher average performance to compensate investors with this volatility. Secondly another disadvantage is that since property companies are taxed on their profits , their is no full tax transparency . As such tax-exempt investors such as pension funds are unable to claim back corporation tax.
A notable disadvantage of investing in indirect property vehicles is that although mutual funds are managed by qualified professionals and experts, no expert can guarantee a profit on every investment made. There are many uncontrollable variables involved and then there is always a chance of unpredictable happening, normally referred to as “the great unknown”. Mutual funds can be divided into different categories on basis of risk, for example “hybrid fund” being less risky while “specialized stock funds” falling in the high risk – high return category.
Another disadvantage is the charges involved in buying into property shares, trusts and funds. Investment companies do not provide the high quality portfolio management services for free. This can off putting to the would be investor because they also have to pay additional charges associated with dealing through a broker as most property investment companies do not offer direct purchase plans. Also, most of these companies run excessive marketing and sales campaign because of competition. Some part of this expense is also charged from investors, known as sales load.
In addition, another disadvantage is the lack of control that the investor has in guiding their investments. This can be off putting to a investor who wants control and they have to alternatively rely fully on the company’s management decisions regarding investment. Another shortcoming is that investing in property shares, trusts and funds are not guaranteed by any government body or authorities nor do they provide any specific protection. The shareholder has little influence over the acquistion and disposal decisions made by the company, nor overfinancing decisons (the amount of borrowing -gearing or leverage – and the issuing of new shares which dilute the value of existing shares). Since share prices should reflect judgements about the quality of management, the equity markets provides some form of discipline. The shareholder may also find it difficult to obtain full information on the property assets and development schemes of the company, particularly where there exist complex ownership structures with joint ventures and off balance shet holdings.
The advantages of Real Estate Investment Trusts (REITs) are alike to that of property shares in terms of lot size, liquidity, public trading and price information, with the added advantage of tax transparency. As many researchers have pointed out, there has been an explosive growth of the REIT market. For example the market capitalisation of the industry has gone from $1.88 billion in 1972 to $44.31 billion in 1994 for the total index with a substaintial amount of that growth in the equity index (without healthcare). Also the breakdown between two types of REITs in the index was as follows: 205 equity REITs with a reported value if $62.06 billion (70.4 per cent of total assest value); 32 mortgage REITs with a reported value of $21.78 billion (24.7 per cent); and 23 hybrid REITs with a reported value of $4.34 billion (4.9 per cent). This boom in the market was a direct result of the 1986 Tax Reform Act that allowed greater management flexibility and established a less restrictive tax environment as such more tax transparency, creating the conditions for growth in the REIT market. However, in common with property company shares, REITs exhibit higher volatility than the direct market.
The advantages of investing in Property Unit Trusts and Managed Funds is that they offer relatively low unit costs , allowing investors to acquire an interest in a diversified property portfolio without excessive commitment of capital. However there are potential disadvantages in terms of lack of management control and illiquidity. In theory, there is some liquidity in that units may be redeemed on a monthly basis. In practice, in a poor market or when a when a high proportion of units are attempting to sell, the manager may defer redemption. Furthermore, the spread (gap between unit purchase and redemption prices) tends to increase when there is selling pressure, harming performance. Finally, since selling pressure tends to occur in falling markets, sales take place in poor conditions and are, in effect, forced rather than open market sales. These disadvantages temper the benefits in terms of lot size and diversification.
The disadvantages of conventional debt instruments such as mortgages, mortgage debentures and bonds is that the lender as a investor cannot benefit from any growth in rents and capital values: there is downside, but no upside risk. The risk-adjusted return will, therefore, change with conditions in the property market. Innovative forms of debt funding have similar characteristic. Deep discount bonds are sol below par (that is, at less than their face and redemption value) so that the investor obtains capital growth on redemption. A number of hybrid debt-equity instruments have been developed which enable the investor to participate in market performance. Since convertible mortgages are loans secured on a property (or, possibly, a portfolio of properties). The lender has an option to convert some or all of the loan into a direct or indirect equity interest in the property. Thus, the lender can benefit from greater than anticipated growth in the property market. The borrower can benefit from lower interest rates or from the lender permitting a higher loan to value ratio, thus reducing the borrowers own equity input. Furthermore there are tax and accounting advantages in participating mortgage structures for both the borrower and the lender, whereby the lender receives a premium related to the sale price (or agreed valuation) at redemption. However, a legal problem – the fact that the lender’s call option acts as ‘a clog the equity of redemption’, preventing a borrower from clearing debt and thus owning the asset unencumbered – has, at the time of writing, not been decisively resolved and has been the subject of Law Commission deliberations in the UK.
The principal advantages of property derivatives relate to their low unit costs , the ability to gear up investment and the ability to gain exposure to the property market without incurring high levels of specific risk (for example, a PIC enabled an investor to track the IPD portfolio – then valued at some £40bn) for just £250,000. However, there are a number of drawbacks. These include questions about the information content of commercial property indices, lags in the publication of the indices and the fact that the investor is buying into average performance and cannot hope to ‘outperform’ the market. he key condition for successful development of property derivatives is the establishment of an active secondary market. This requires sufficient market capitalisation, investors prepared to trade actively in the market (as opposed to buying the initial offering and holding it to redemption) and, critically, differences in opinion as to future trajectories of the underlying assets or index. There must be buyers and sellers. Once established, it is possible that price movements in the derivative market will, as in other capital markets, have implications for pricing in the underlying direct property market.
The introduction of UK REITs means small investors are now able to invest indirectly in a truly diversified property portfolio, buying low cost and easily tradable units, instead of having to purchase, say, entire properties.
A major advantage of UK REITs is their tax-efficient nature. Investors avoid the double taxation that any investor in property company shares faces, as tax won’t be payable on rental or capital gains earned within a REIT (as the REIT organisation is exempt from corporation tax on qualifying property income and gains). Investors will only be liable for the tax due on income received as dividends.
Because UK REITs pay out such a large portion (90%) of their profits in dividends, they’re also particularly attractive to small income-seeking investors.
Without the challenges associated with the current double taxation regime, UK REITs may differ from existing quoted property companies in that their prime focus may be less about capital growth than maximising shareholder dividends.
They are able to meet the needs of the property investment market and the small investor in that they offer regular and potentially high-yielding returns. Also access to property investment for small investors is for minimal outlay as such there is less exposure to their investments. It offers portfolio diversification for investors and as such more leverage against risk. Buying into REITs offers a more attractive form of diversification than by buying into a wider range of bonds or equities simply because they have a higher correlation with diversification than equities and bonds have (reita.org, All about REITs) Liquidity – easy to buy/sell Lower transaction costs compared to buying property directly (stamp duty on direct property is up to 4%, whereas buying shares in a UK REIT will only be subject to stamp duty of 0.5%)Access to property investment in a variety of sectors and geographical locations Strong corporate governance.
The major concern about investing in REITs as a means of gaining exposure to the commercial property market is their correlation to equities. Because REITs are stock market listed companies, the performance of their shares is inevitably affected by the performance of the market. In the short-term, ie over periods of less than 18 months, the performance of REITs shares is likely to be more closely correlated to that of other shares than it is to that of commercial property. Having said that, commercial property, whether direct or indirect, should be considered for long-term investment rather than short-term speculation.
Like any investment, the value of a REIT can go down as well as up and past performance isn’t necessarily an indicator of future performance. If you are looking for advice on where to invest, Reita would always recommend seeking independent financial advice from an investment professional.
 

Factors that Influence Buyer Decision for Property

CHAPTER 1: INTRODUCTION
 
1.0 Introduction of Study
Nowadays, the demands for houses increase every year. In Malaysia, housing demands include all sorts of houses which are low cost houses, medium cost houses and also high cost houses. All the demands for the houses come from all kind of income groups based on their income. The supply of the houses sometimes over than demands that makes the houses abundant.

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More challenges of competitive market in these decades because the developers entering the housing market increasing. At the same time, the local and national economic makes the developers to aware and pay attention to the buyers for their needs, satisfaction and preferences. When the developers meet the buyers’ needs, satisfaction and preferences in delivering the product, this will avoid in abundant of the property.
The thesis is about the findings of the research that determines the factors that influence the buyers towards buying the residential property. The buyers that involved in this thesis are chosen from the people that attend new launched project and also the buyer that already bought a house. The findings also come from the observation of the study area and also the market.
All the factors that influence buyers in decision-making will be defined and the preferences and satisfaction of the buyers also taking into account. The outcome of this study will help to increase the quality of the property towards the development of new residential property in the market.
1.1 Background of Study
The study covers the buyers and also the residential property in Kuching, Sarawak. The demand for houses increased in Kuching caused by the increment of the population in this town. The study can also be the guide towards preparing the residential property based on the preferences and the satisfaction of the buyers. If the residential property build based on the preferences and satisfaction of the buyer, the market will be active and the supply of the houses will meet the requirements of the buyers through this study.
The factors that maybe included that influence the buyers in decision making are design, location, developer’s reputation, facilities within neighborhood, safety and security and the price. The factors that influence the buyer in decision making toward the residential property of each respective buyer is different, so through this study, the factors can be defined.
1.3 Problem Statement
This dissertation is to know what are the factors that influence buyer in decision-making for residential property. It is to assure that the preferences and satisfaction of the buyers could be determined.
1.4 Objectives
There are two main objectives for this research. They are as follows:

To define the factors that influence buyers in decision making for residential property
To measure the level of importance of factors that influence buyers in decision-making process.

1.5 Scope of Study
The scope of this study is mainly in Kuching which is located in Sarawak. The study will focus on residential property in Kuching Sarawak. The residential properties which are the landed property that involve in this study include the medium cost housing and high cost housing. The landed property that being focused are single storey terrace house, double storey terrace house, single storey semi-detached house, double storey semi-detached house, single storey detached house and double storey detached house.
It also concentrated on the buyers in three groups of age between 25 years old to 30 years old, 30 years old to 35 years old and 35 years and above. The three groups are chosen because of the age of 25 years to 30 years is the best age to own the house and the age of 35years and above is the age which they must own the house for living.
Besides that, this study also focuses on the group of income in order to determine the level of affordability in buying the property. In this study, the residential property that involves is medium cost housing and high cost housing. So, the income group should be determined.
1.6 Significance of Study
The significance of this study is to know the factors that influence the buyers in decision making of residential property in order to make sure that the supply of the property will fulfill the requirement of the buyers in buying the property. It also important to know the preferences of the buyers so that no housing units in the area would be abundant caused by not fulfill their satisfaction.
In addition, this study also can be the guidelines and also preparation for the developers in order to build and supply the property to the market and at the same time, the government can take action to avoid the housing development from being abundant. The factors that influence buyers in decision making are also important because it can help to determine the design, the location, the price and also the facilities that needed in the development.
1.7 Methodology of Study
In this study, two methods used in order to find the information to lead through the completion of this thesis. The methods are divided into two which is primary data and secondary data.
For primary data, the method is by distributing the questionnaires. In distributing the questionnaires, the person to answer the survey are the new buyers, the recent residents and also the visitors at the new launched project and housing exhibition.
For secondary data, the method are by manual which come from reading the reference books, journals, papers and also the magazines , by statistics data which can be look at the Department of Statistics of Jabatan Perangkaan Malaysia and Economic Planning Unit and also the data collection from online through websites related to the topic and also the research papers. Through reading, much information can be gathered together for a good and successful outcome in this study. All the materials to be read will be find at main library of Universiti Malaya, library Faculty of Built Environment, National Library, Pustaka Negeri Sarawak and also Perpustakaan Sultanah Zanariah Universiti Teknologi Malaysia.
1.8 Organization of Study
CHAPTER 1 Introduction
In chapter 1, the introduction includes the background of the study that will be discussed in this thesis. It also shows the problem statement that also can be the hypothesis of this study. The objectives of this study also include in this chapter. Besides that, the introduction also discussed the scope of the study, the significance of study and also the methodology of the study.
CHAPTER 2 Literature Review
Literature review consists of the strategy of the thesis in order to gain and gather the data of information that are needed in this study. All the data from the articles in the property magazines and books, the journals related to the housing demands and property buyers, the research papers about the related topics, books that include all the information about buying a property and also residential property, magazines that shows the factors influence the buyers in decision making of residential property.
CHAPTER 3 Overview the Study Area
For this chapter, the overview of the study area will consists of the socio-economy in Kuching which is the location of this study. The socio-economy depends on the population of people in Kuching, the household income, the group of age, the changes in physical environment and others socioeconomic issues.
CHAPTER 4 Research Analysis and Findings
The research analysis is the analysis of this study from all the information and data that gathered together in order to get the outcome. All the analysis and the findings from this study determines into graphs, charts, tables and also pictures to make this study clear.
CHAPTER 5 Research Outcomes and Conclusion
In this chapter, all the finding and research analysis will be summarized and the conclusion of this study will be presented. Either than that, the implication of this study are also discussed and the availability of the problem statement whether it can be used or not.
CHAPTER 2: LITERATURE REVIEW
CHAPTER 2
LITERATURE REVIEW
2.1 Introduction
In decision making for residential property, there are several factors that influence the buyers. The factors are divided into categories. The categories are buyers’ taste and preferences, demographic factors, economic factors and marketing strategy.
This thesis will focus on residential property which is the landed property. The landed property consists of property for high income group and middle income group which are terrace house, semi-detached house and detached house. The property categorized according to the supply and demand in the market and also the prices.
The location for this housing study will focus in Kuching, Sarawak that have a large population due to Sarawak, the biggest state in Malaysia which have the multiracial including Malay, Chinese, Indian and others. The reason to have this location as the case study is because of the big location with multiracial and can explore the demand and the preferences of the consumers in buying the residential property.
2.2 Definition
2.2.1 Decision- Making
Decision-making is an outcome of mental processes. Every decision making process produces a finalchoice wherebythe output can be an action or an opinion of choice which is a continuous process integrated in the interaction with the environment concerned with the logic of decision making and rationality with the invariant choice.
Decision making made by the buyer, depends on individual’s need, preferences, satisfaction and also their requirement in order to choose the perfect and right choice in buying the property. The decision making influence by various factors.
In this study, the objective is to determine the factors that influence buyers in decision making of residential properties. The decision making of every people related to the factors and the way of the people think in order to fulfill the need and satisfaction through the requirement of the property.
2.2.2 Consumer (Buyer)
The product which is goods and services that consumes by a person and has the ability to choose between the different suppliers and products. In the other hand, consumer or buyer is a party that requires or agrees to own, acquire and have the benefit in usage for the services that in exchange for money or other consideration under a contract or agreement of sale.
The consumer or buyer in this study just focuses on high group income and middle group income. It is because to look towards the choices or need of this income group in their decision making for buying residential property. For lower income group, it just only lead to the affordability in their decision making, so they are not chosen as the respondent in context of buyer for this study.
2.2.3 Consumer Behavior
‘Consumer behavior examines not only consumer’s action, but also the reasons for those behaviors. On a macro level, marketers are interested in demographic shifts as well as society’s values, beliefs and practices that affect how consumers interact with the marketplace. Thus, concepts are drawn from sociology and psychology figure prominently in the study of consumer behavior.’ (Karen M Gibler and Susan L Nelson, 2003, p.63-64)
Consumer behavior is the study of how people behave when obtaining, using, and disposing of products and services or when, why, how, where and what people do or do not to buyproducts.It mixes ofpsychology, social,personal andcultural. It is attempting to understand the buyer decision-making process for both, individually and in groups. The characteristic of individual consumers such asdemographicsand behavioral variables which is in an attempt to understand people’s wants. It also assesses influences on theconsumerfrom groups such as family, friends, reference groups, and society in general.
Customer behavior study is based on consumer buying behavior, with the customer playing the three distinct roles of user, payer and buyer. The relationship marketing is being the influential of asset for customer behavior analysis as it become a keen interest in the rediscovery of the true meaning of marketing through the re-affirmation of the importance to the customer or buyer. A greater importance is also placed on consumer retention, customer relationship management, personalization, customization and one-to-one marketing. Social functions can be categorized into social choice and welfare functions.
Consumer behavior also can be define as the process and activities which the people engage in when searching for, selecting, purchasing, using, evaluating, and disposing of products and services to satisfy their needs and desires. For cultural, the people will act based on the cultural that usually be the influence in certain places and surrounding. For social, the people will think and act more to socially action that also can be positive and negative. In physiological aspect, it is more to thinking and the personal behavior leads to the decision making. People maybe influence by the way they thinking of.
2.2.4 Marketing
Definition of marketing by Institute of Marketing is the management function which organizes and directs all those business activities involved in assessing and converting customer purchasing power into effective demand for a specific production or service to the final customer or user so as to achieve the profit target or other objective set by the company.
‘Marketing is a combination of marketing concept of marketing concept, marketing function and the operational implementation of these functions in the context of the concept. … The marketing concept can be most simply explained as a belief that the organization can function in the best interests of its customer and its self where a balance is achieved between the need of both of these parties.’ (Trustrum, LeslieBernard,1989, p.48).
Marketing plan is the marketing strategy by the developer to sell their property to the people so that people will attract to buy the property from them. The advantages of marketing strategy will diverse marketing activities that can be better co-ordinate and can avoid or reduce to a minimum crisis management such as unsold unit and etc. The basis of marketing strategy is 4P’s consist of Product, Price, Place and Promotion.
2.2.5 Developer
The coordinators of the activities that converting ideas on the paper to the reality by building the realproperty that encompassing activities range from therenovationand re-leaseof existingbuildings to the purchase of rawlandand the sale of improved parcels to others.
Developers usually take the greatestriskin the creation or renovation of real estate and receive the greatest rewards such as the money and also acknowledgement from the purchaser or respective buyer that satisfy with their product. Usually, developers purchase a tract of land then determine themarketing of the property. After that, they developing the building program and design, obtaining the necessary public approval and financing, building the structure, leasing, managing, and ultimately selling the property.
Developers work with many different counterparts along each step of this process including the architects, planners, engineers, surveyors, inspectors, contractors, property agents and etc. The developers build the house to supply to the market and sell to the buyer based on the demand in the market. The demand depends on the needs of the consumer, the market trend and also the economic trends.
2.2.6 Residential
Residential property is the property in the residential area that includes the single family housing, multi-family residential or mobile house. The residential property is under the zoning of residential and may permit high density land use or low density land use.
Residential development is real estate development for the purpose of residential. The developments are when the land divided into lots with the house constructed on each piece of subdivided land.
2.2.6.1 Medium Cost Housing
Medium cost housing is the property that sell in the median price that can be purchase by medium income group and high income group. The medium cost housing in this research is the single storey terrace house, double storey terrace house, single storey semi-detached house and double storey semi-detached house.
2.2.6.2 High Cost Housing
High cost housing is the property that the price is high and usually for the high income group of people. The high cost housing is selling with the high price that the price influences by the material, the design, the location and the size or area. The people that usually buy the high cost property is the people that need the high satisfaction and also all about luxury. The high cost housing could be the detached house and also high end property. In this research, the high cost housing is the single storey detached house and double storey detached house.
2.3 Factors
Factors divided into four categories which are demographics’ factor, economics’ factor, buyer’s taste and preferences and marketing strategy. The factors distribute in the categories so that it is easy to determine what, how, when and etc. In addition, the factors that influence buyers in decision of residential property can be determining by distributed the factors as above.
For demographics’ factor, it includes the age, social class and race or ethnicity. Age of the buyer also important that may influence them in decision making because it may show that what type of residential property they want that can give them satisfaction or needs for the requirement of the property. For social class in this study, it consists of high income group and middle income group because it is easy to know what they want to consider before buying the property not only based on their financial. The low income group is not included in this study because of the affordability of them to buy the type of property which is just the low cost housing. Race or ethnicity is one of the demographics’ factor because it also could influence the buyer whether to live in a same location with it own ethnic or race or just mixed with other races and ethnic.
For economics’ factor, it consists of prices, availability of finance and affordability. Prices of the property depends on the type of property, location of the property, the supply and demand of property and also the market trends of current situation. The availability of finance may depend on either the government loan or private institution’s loan such as bank and etc. The finance also depends on the availability of the bank in releasing the amount of loan and based on the income of buyer. Affordability is the main thing to discuss whereby every people have their own level of affordability.
Marketing strategy is also one of the factors in decision making. Marketing strategy has four basis which are price, promotion, place and product. The price can me the measurement to know what is the price that agreed and affordable for the buyer based on the type of property, location and also the market price. The promotions in this marketing strategy consist of the launching of the project and the exhibition also important which is good in order to promote the property to the prospective buyer. Such promotion can attract more buyers and give the buyer opportunities to ask about the property and also giving the good image of developer and the product itself. Place is the location where is the property located and it seems very important because in every location, it have its own density and population. Some of the buyer wants the location either the high density or low density of population and some of the buyer wants to buy the property located in the city centre or otherwise. For the product, it depends on whether it is high class property or medium class property for high income group and middle income group. Depending on the class of property, the marketing strategy should be based on the focus group that will buy the property. So, the developer has the main role in the development to plan a good marketing strategy in order to have the successful project by selling 100% of the units.
Buyers’ taste and preferences is the buyer needs and satisfaction in order to fulfill their taste and comfortless. The buyer needs and satisfaction is different. According to Abraham Maslow (1954), safety is one of the needs of human. The safety includes the security of family, health and property. So, the people needs the property for secure and health whereby every human being need shelter to lives. For satisfaction, it is more towards the luxury, taste and comfort that will be different depending on the person. Preferencesis a concept that have been used in thesocial sciences, particularly economics that assumes a real or imagined choice between alternatives and the possibility of rank ordering of these alternatives, based onhappiness, satisfaction,gratification, enjoyment and theutilitythey provide. More generally, it can be seen as a source ofmotivation. In cognitive sciences, individual preferences enable choice of objectives or goals.
2.4 Factors Might Be Influence the Buyer
From the factors above, the factors might be influence the buyer in decision making for the residential property are the design, location, developer’s reputation, facilities within neighborhood, safety and security and the price.
The residential property has several of design nowadays such as contemporary design, modern design or traditional design. All the design chooses by the buyers to buy the residential property. So, the design might be one of the factors that influence buyer in decision-making. The location also might be the factors that influence the buyer in decision making. The location might be choose by the buyer are in the city centre, near the city centre and out of the city. The location that the buyer wants to live is the factors might be influence them in decision making.
The developer’s reputation might be the factor that influences buyers because it is all about quality and confidence to the buyer to buy the house. The reputation of the developer could show the quality of the house and build the confidence to the buyer in buying the property from them. The safety and security in residential area is important because nowadays the criminal cases highly increased and made people more aware about the security for the safety living. The people trust that if in the area have a good security and safety, it would be safe for living and it might be one of the factor that influence buyer.
The price is based on the design, location and also the market trends. The price that is reasonable based on the area or size, design; location would be the factors that influence buyer in decision-making. So, the factors might be influence the buyer will be determined in the questionnaire and the level of interest would be defined.
2.5 Buyers’ Decision- Making Process
Buyers decision vary an importance and complexity, thus, it is important to classify them to be understand the characteristics, the products, the marketing strategy implications on each type of purchase behavior.
2.7 Theory of Needs
Maslow’s theory of needs
Figure 2.5: Maslow’s Theory of Needs
The safety level includes the security of the body, employment, resources, morality, the family, health and property. In this research, the important part of the safety is the shelter whereby its a need for the family to live with comfortable and healthy living in a property.
So the buyer’s have the right in the need for a property that they want to buy and before make the decision, they need to know what is the factors that influence them in buying the property.
2.8 Conclusion
For this literature review, the discussion more on the definition of decision making, consumer, developer, the marketing and also factors that lead to the factors that influence buyers in decision-making.
All the category of factors based on the buyer itself and also the market trends that supply the property. The developer also have to take note that not only the demand of buyer need to be fulfill but also the economic and demographic factors must taking into account. In conclusion, the factors that influence buyers in decision making of residential property for this case of study and also the level of interest of those factors can be determine by the research.
CHAPTER 3: OVERVIEW OF THE STUDY AREA
CHAPTER 3
OVERVIEW OF THE STUDY AREA
3.0 Introduction
This chapter attempts to give an overview of the study in Kuching. The issues to be discussed in this chapter are information related to socioeconomic in Kuching.
3.1 Background of Study Area
Sarawak is one of the state on the island of Borneo which also known as ‘Land of the Hornbills’. It is situated on the north-west of the island and it is the largest state among all in Malaysia. It is the capital of Sarawak as it is the largest city on the island of Borneo and also the fourth largest city in Malaysia. Sarawak divided into eleven administrative divisions which are Kuching Division, Samarahan Division, Sri Aman Division, Betong Division, Sarikei Division, Sibu Division, Mukah Division, Kapit Division, Bintulu Division, Miri Division and Limbang Division.
Each division divided into districts which are 33 districts in Sarawak. In Kuching Division, there are District Of Kuching, Lundu and Bau. The study area of this research is District of Kuching in Kuching Division. The district covers an area of 1, 863 square kilometres with the population approximately 620 700. The district of Kuching is administered and divided into three local governments which are Kuching North City Hall, Kuching South City Council and Padawan Municipal Council.
The part under Kuching North City Hall covering an area of 369.48 square kilometers which is the area north of te Sarawak River, parts of Old Kuching and also the western Central Business District. Meanwhile, the area south of the Sarawak River, eastern Central Business District and towards the South China Sea is within Kuching South City Council jurisdiction. The rural areas within Kuching District, Batu Kawa, Kota Sentosa and Third Miles are under the jurisdiction of Padawan Municipal Council.

District

Jurisdiction

Land Area (square kilometers)

Kuching

Kuching North City Hall

369.48

Kuching South City Council

61.53

Padawan Municipal Council

1431.83

Total

 

1862.84

Table 3.1: Total Area of Kuching District
For further information about the location of Kuching, please refer to the Appendix I.
3.2 Population
Sarawak has the population of about 579, 900 in years 2006.From this survey, it shows that Kuching District has a great housing market which the potential buyers are from the category of 25 years old and above.
According to the population census 2006 published by Department of Statistic, Malaysia, the population of Kuching District is as the following:-

Jurisdiction

Total

Kuching North City Hall

133, 600

Kuching South City Council

143, 500

Padawan Municipal Council

302, 800

Total

579,900

Table 3.2: Population Census 2006 in Kuching District
(Sources: Population Distribution by Local Authority Areas and Mukims, Census 2006, Department of Statistics Malaysia.)
3.2.1 Projected Population by Ethnic Group
(Sources: Population Distribution by Local Authority Areas and Mukims, Census 2006, Department of Statistics Malaysia)
The majority projected population by ethnic in Kuching District within Kuching Division is Chinese, which is 38% of the whole population and about 220, 400 people. The second ethnic is Malays, 36% and follow by other ethnic groups 16% and Iban 10 %.
The projected population by ethnic group and jurisdiction in Kuching for year 2009 is shown in the Table 3.3. The total population from the table has shown that majority of residents in Kuching District live under Padawan Municipal Council jurisdiction. Population under Kuching North City Hall is lesser than other jurisdiction although the land area is bigeer in size than Kuching South City Council.

Jurisdiction

Total

Malay

Chinese

Iban

Other Ethnic group

Kuching North City Hall

133, 600

80, 160

26, 720

10, 040

16, 680

Kuching South City Council

143, 500

40, 805

68, 800

21, 060

12, 835

Padawan Municipal Council

302, 800

87, 799

124, 842

26, 890

63, 269

Note: 1. Population projection based on the 2006 Population Census
2. The added total may differ due to rounding
(Sources: Population Distribution by Local Authority Areas and Mukims, Census 2006, Department of Statistics Malaysia)
3.2.2 Projected Population by Age Group

Age Group

Kuching North City Hall

Total

579, 900

0-4

80,500

5-9

60,800

10-14

52,200

15-19

54, 900

20-24

49, 300

25-29

49, 300

30-34

43, 500

35-39

37, 400

40-44

30, 700

45-49

29, 600

50-54

25, 300

55-59

20, 800

60-64

16, 900

65-69

14, 500

 

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