TY - BOOK

T1 - To what extent is the sentimental attachment to property recognised in legal, political, and social discourses, and what are the consequences of this recognition for compensation for compulsory purchase?

AU - Purewal, Anita

PY - 2021

Y1 - 2021

N2 - It may be presumed that the UK’s compensation code fairly compensates thosesubject to compulsory purchase given its awarding of home loss payments, payments which recognise the sentimental value of one’s home. However, despite providing just awards at face value, this perception is only valid to an extent since UK compensation fails to consistently recompense this recognised sentimental aspect of property ownership today. This consequently impacts the awarding of full and justified compensation for all whose homes are compulsorily acquired since such awards are ‘additional’, and not a core component of compensation’s assessment.In light of the UK’s failure to endorse sentiment as a guaranteed compensatoryvalue, and the subsequent failure of contemporary theories of property to recognise the importance of sentimental attachments in this context, this thesis aims to consider the necessity for the law’s reform, and the consequential development of contemporary theories to explain and justify such changes. To do so, this thesis will examine: the uniform recognition of a sentimental attachment to property across discourses; the implications of such recognition on UK legislation and theoretical understandings of property; and whether legal reform, through means of incorporating sentiment within the compensation code as an obligatory value to be recompensed when homes are acquired, is necessary to address such issues. As will be demonstrated, the failure of the compensation code to recognise sentiment as a guaranteed compensable value hinders the awarding of full and fair compensation for all compulsory purchases of the home, leading the thesis to urge such legislative reforms to ensure the UK secures compensation of equivalence to the losses suffered in practice. Thus, the thesis aims to highlight the current gaps within UK compensatoryprovisions and the need for their reform in light of the uniform recognition of the importance of sentimental attachments to property.

AB - It may be presumed that the UK’s compensation code fairly compensates thosesubject to compulsory purchase given its awarding of home loss payments, payments which recognise the sentimental value of one’s home. However, despite providing just awards at face value, this perception is only valid to an extent since UK compensation fails to consistently recompense this recognised sentimental aspect of property ownership today. This consequently impacts the awarding of full and justified compensation for all whose homes are compulsorily acquired since such awards are ‘additional’, and not a core component of compensation’s assessment.In light of the UK’s failure to endorse sentiment as a guaranteed compensatoryvalue, and the subsequent failure of contemporary theories of property to recognise the importance of sentimental attachments in this context, this thesis aims to consider the necessity for the law’s reform, and the consequential development of contemporary theories to explain and justify such changes. To do so, this thesis will examine: the uniform recognition of a sentimental attachment to property across discourses; the implications of such recognition on UK legislation and theoretical understandings of property; and whether legal reform, through means of incorporating sentiment within the compensation code as an obligatory value to be recompensed when homes are acquired, is necessary to address such issues. As will be demonstrated, the failure of the compensation code to recognise sentiment as a guaranteed compensable value hinders the awarding of full and fair compensation for all compulsory purchases of the home, leading the thesis to urge such legislative reforms to ensure the UK secures compensation of equivalence to the losses suffered in practice. Thus, the thesis aims to highlight the current gaps within UK compensatoryprovisions and the need for their reform in light of the uniform recognition of the importance of sentimental attachments to property.

KW - sentimental attachment

KW - compulsory purchase orders

KW - compensation

KW - land law

KW - property law

KW - home

U2 - 10.17635/lancaster/thesis/1197

DO - 10.17635/lancaster/thesis/1197

M3 - Doctoral Thesis

PB - Lancaster University

ER -