...1. The Law of Mortgages resolves disputes between a borrower and a lender, who has been granted a “mortgage” as security over the borrower’s land. Who is the “mortgagee”? Borrower Lender Who is the “mortgagor”? Borrower Lender 2. How are mortgages created? Terms in the mortgage contract that restrict the right to redeem or which are “oppressive or unconscionable” may be struck out by the court. A clause in a mortgage agreement provided that the debt could not be repaid until either the lender called in the loan or upon the expiry of 50 years. Discuss the validity of this clause What procedure does a lender have to follow in order to obtain a court order for possession of mortgaged residential property? What are the possible outcomes of the hearing? What is the text of section 36 of the Administration of Justice Act 1970? Under what circumstances does a judge have discretion to postpone/suspend a possession order for residential property? Study pp700-705 of Gateway including the extracts from Cheltenham & Gloucester Building Society v Norgan [1996] What factors does the borrower have to prove in order to obtain a suspended possession...
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...Module Title: | Land Law | Module Code5LW006 | Module Leader: | T Hough | CourseworkYear Long ModuleJanuary 2013 | Please see attached | Word Limit: 1500 (Excluding footnotes and bibliography) | Date in by: 4pm on 14 January 2013 | Notes for Students: 1. Please state accurately the number of words used in your assignment.2. Division of words between questions is a matter for the student's own judgment3. You are reminded that your assignment must be your own work and that any quotations from both published and unpublished sources must be properly acknowledged with quotation marks, references or appropriate citation.4. Footnotes must not be used to introduce material that should be in the main text.5. You must include a bibliography in correct form.6. Assignments must be typed or word-processed. | You must answer all parts of the questions in parts A, B and C. Do not assume that each part of your answer carries equal marks. You should use your discretion as to how many words you devote to each issue. ------------------------------------------------- IMPORTANT NOTE ------------------------------------------------- You are not required to discuss the law relating to running the burden of restrictive covenants or to creation of easements; you should deal only with the land registration issues relating to these areas (which you have covered in class). ------------------------------------------------- Jake is interested in purchasing the freehold of Staffordshire...
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...Land Law and Conveyance Assignment 2 Peter has to consider the following issues to his intention of purchase Vincent’s freehold house whereby the title rests on an unregistered land:- a. A freehold estate is owned on an indefinite period of time subject to Government’s rights also known to be fee simple absolute in possession unlike leasehold estates which is purchased on a specific period of time. Peter will need to identify the 2 restrictive covenants that was created in 1922 and 1945 by Vincent. Restrictive covenant is an obligation in deed between parties that the property shall be used in a specified manner and prohibited to do any modifications to the land for example he cannot build a hotel on the land. In the earlier days, most land were unregistered and was governed under Common law and subject to doctrine of notice. Hence the covenant in 1922 was subject to doctrine of notice. Until 1925, the statutes were first modified with the Land Charges Act 1925 being set up to register the different categories of interest of the unregistered land. This legislation is to protect the interest attached to the land for future purchasers. We cannot dismiss the equitable interests that are bound to Peter who has knowledge of the interests. Peter is bound to the 2 restrictive covenants under 1922 and 1945 as long the covenants are enforced by way that (i) the covenantee retains the concerned land whilst the covenant is in place; (ii) the benefit of the covenant...
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...Central Government Act Section 141 in The Indian Penal Code, 1860 141. Unlawful assembly.-- An assembly of five or more persons is designated an" unlawful assembly", if the common object of the persons composing that assembly is- First.- To overawe by criminal force, or show of criminal force, 10[ the Central or any State Government or Parliament or the Legislature of any State], or any public servant in the exercise of the lawful power of such public servant; or Second.- To resist the execution of any law, or of any legal process; or Third.- To commit any mischief or criminal trespass, or other offence; or Fourth.- By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or Fifth.- By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Explanation.- An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly. Central Government Act Section 447 in The Indian Penal Code, 1860 447. Punishment for criminal trespass.-- Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend...
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...Tort Law – Trespass to Land Tort Law - Definition A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others. The person who sustains injury or suffers pecuniary damage as the result of tortious conduct is known as the plaintiff, and the person who is responsible for inflicting the injury and incurs liability for the damage is known as the defendant or tortfeasor. Trespass to Land –Definition In modern law the word trespass is used most commonly to describe the intentional and wrongful invasion of another's real property. An action for trespass can be maintained by the owner or anyone else who has a lawful right to occupy the real property, such as the owner of an apartment building, a tenant, or a member of the tenant's family. The action can be maintained against anyone who interferes with the right of ownership or possession, whether the invasion is by a person or by something that a person has set in motion. For example, a hunter who enters fields where hunting is forbidden is a trespasser, and so is a company that throws rocks onto neighboring land when it is blasting. Every unlawful entry onto another's property is trespass, even if no harm is done to the property. A person who has a right to come onto the land may become a trespasser by committing wrongful acts after entry. For example, a mail carrier has a privilege to walk up the sidewalk...
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...Creation of freehold covenants * Not capable of being legal interest in land (s. 1(2) LPA 1925), can only be equitable (s. 1(3)) * Invariably created expressly by deed. However, as an equitable interest the minimum formality requirement is that it is created by signed writing (s. 53(1)(a) LA 1925) * Usually imposed when a person sells part of the land that he owns and are therefore contained on the transfer. Covenant Terminology * Covenantor * Person who makes the promise / has burden of covenant * Covenantee * Person to whom the promise is made to / has benefit of covenant * Annexation * Benefit of covenant is attached to the land of the covenantee so that it passes automatically to successors of the covenantee * Benefit of covenant occurs at the time of creation of the covenant * Can be express in the deed or implied into deed under s. 78 LPA 1925 * Assignment * Express transfer of the benefit of a covenant to a successor * Benefit of covenant may occur at the same time as the transfer of the land to a successor | Step 1: Draw an annotated diagram showing the various events and benefited / burdened land Step 2: Analyse the types of covenant that exist * Positive Requires expenditure or labour by the covenantor (e.g. repair / maintenance) * Restrictive Requires the covenantor to refrain from a particular action (e.g. user) * Touch and concern land * Personal Step 3: Identify the breaches and which parties C can...
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...Unwritten Law Unwritten laws are laws that are not enacted and not found in any constitution. It comprises of judicial decision of the superior courts, English law and customary law. Judicial decisions of the superior courts In Malaysia, judicial decisions of the superior courts are the High Court, Court of Appeal and the Federal Court. It is based on the hierarchical system known as stare decisis or the doctrine of binding judicial precedent. There are two types of precedents. Mandatory precedent is applied when the decisions of superior court are binding on lower courts or the superior courts are bound by their own decisions previously. However, the decisions of lower courts are not binding over superior courts. The lower courts must refer to the mandatory precedents of superior courts. However, judge of superior court will distinguish a case before him and the cases lying down the precedents and can decide not to follow the mandatory precedent if he thinks that the mandatory precedent is not related to the case before him. From this, an original precedent is formed. Persuasive precedent is a precedent which is useful or relevant to a case. It is not mandatory for the judges to apply persuasive precedent. Persuasive precedent may be binding on lower courts if judges of superior court choose to apply persuasive precedent. Precedents are the decisions made by judges previously in similar circumstances. It is generally recognized that judges do make law though not in the...
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...ANDTRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 ------------------------------------------------- THE RIGHT TO FAIR COMPENSATION ANDTRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 An Overview An Overview Contents 1. Introduction 2. Background 3. Why a new and combined law? 4. Aims and objectives 5. Purpose 6. Salient Features of the New Law – Scope of the Bill – Definition of “Public Purpose‟ – Urgency Clause – Definition of “Affected Family‟ – Safeguarding Food Security – Minimum Compensation for Land – Minimum R&R Entitlements – Special Provisions for SC‟s/ST‟s – Enhanced Role for Panchayati Raj Insitutitions especially Gram Sabhas – Special Provisions for Farmers – Special Benefits for Tenants and Sharecroppers – Infrastructural Amenities under R&R – Compliance with Other Laws – Process Flow – Institutional Structure – Safeguards against indiscriminate acquisition – Timelines 7. Some other Key Features INTRODUCTION Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is a legislation that regulates land acquisition and provides laid down rules for granting compensation, rehabilitation and resettlement to the affected persons in India. The Act has provisions to provide fair compensation to those whose land is taken away, brings transparency to the process of acquisition of land to set...
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...ADVERSE POSSESSION LAWS DO NOT APPLY TO LAND GRANTS THAT WERE ISSUED BY THE SOVERNITIES OF SPAIN AND MEXICO AS TREATIES ENTERED INTO BY THE UNITED STATES CONGRESS (AS IS THE TREATY OF GUADALUPE-HIDALGO) are considered Supreme law by the Constitution of the United States of America Bert Lucero, Trustee, LTLGA, 2 March 2007 After three centuries as Sovereign, the Government of Spain relinquished all Spanish claim in the Americas to a new Sovereign, “Mexico” via the Treaty of Cordova, 28 September 1821. Property rights were honored IAW (in accordance with) Las Siete Partidas and the International Law of Conquest. Land Grant ownership, management and operations were allowed to continue in the same manner as under Spanish Rule (Land Title Study, Koch, et al). The following year, on 24 February 1822, all of Mexico’s inhabitants, within its borders, were declared “Free and Equal Citizens” via the Plana de Iguala. “...that all the inhabitants of New Spain, without distinction, whether Europeans, Africans or Indians are citizens of this monarchy, with the right to be employed in any post, according to their merits and virtues”. “... the equality of civil rights to all the free inhabitants of the empire, whatsoever may be their origin in the four quarters of the earth”. The United States of America (created in 1776), enacted Indian Intercourse Act of 1834 (Manifest Destiny), wherein it...
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...AGRICULTURAL LAW AEC304 CONVENOR – Felix Odimmasi OBJECTIVES OF THE COURSE The course is intended to help the student to explore the legal environment of Agricultural Law by providing a comprehensive survey of the development and regulation of legislation and doctrines which affect the development of Agriculture as a distinct driver of the economy in Kenya. CONDUCT OF THE COURSE The course shall consist of both coursework and examination. The coursework will be in the form of a researched seminar presentation, a term paper and a continuous assessment test each constituting 10% of the final mark, thus a total of 30% of the total mark. The exam will constitute the remaining 70%. COURSE CONTENT | |TOPIC |WEEK |COMMENT | |1 |Nature and sources of Kenyan Law | | | | |Definition and Classification of Law | | | | |Sources of Law | | | | |Law making processes | | | | |Administration of the Law ...
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...Introduction History of Unwritten Law Objective of Unwriten Law General Principle of Unwritten Law Element of Unwritten Law The Different between a Unwritten Law and Written Law Example of Unwritten Case UNWRITTEN LAW It is simply that portion of Malaysian law which is not written, i.e., law which is not being enacted by Parliament or State Assemblies and which is not found in the written Federal and State Constitutions. Unwritten law is found in cases decided by the courts, local customs, etc. Unwritten law comprises of the following. * English law The common law of England does apply in Malaysia. However, not all of England’s common law forms part of Malaysian Law. Section 3 (1) of the Civil Law Act 1956 ( Revised 1972) provides that, in Peninsular Malaysia, the courts shall apply the common law of England as well as equity as administered in England on April 1956. In the states of Sabah and Sarawak, the common law of England and the rules of equity together with the statutes of general application shall be applied However, the application of the English law throughout Malaysia is subject to two limitations: a) It is applied only in the absence of local statutes on the particular subjects. Local law takes precedence over English law as the latter is meant to fill the gaps (lacuna) in the local system. b) Only that part of the English law is suited to local circumstances will be applied. The provision to Section 3(1) of the Civil Law Act, 1956 is authority for...
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...Unwritten law is simply that portion of Malaysian law which is not being enacted by Parliament or the State Assemblies and which is not found in the written Federal and State Constitutions. This category of law comes from cases decided by the Courts and the local customs, which is otherwise known as common law. The unwritten law mainly comprised of the English law, judicial decisions and custom law. English law forms part of the laws in Malaysia. English Law can be divided into two which are the English Commercial Law and English Land Law. In section 5(1) of the Civil Law Act 1956 provides that The English Commercial Law is applicable in Peninsular Malaysia except Penang and Malacca as it stood on 7 April 1956 in the absence of local legislation. On the other hand, Section 5(2) of the same act, applies in Penang, Malacca, Sabah and Sarawak as the law administered in these states will be the same as law administered in England, in the like case at corresponding period. As for the English Land Law, none of the English Land Law concerning the tenure, conveyance, assurance of or succession to any immovable property or any estate, right or interest therein applies in Malaysia. In Malaysia, National Land Code is the law that governs the land matters. There is no any allowance for English land law, except in so far the National Land Code might expressly provide. Approaching the judicial decision, judges do not decide arbitrarily. Instead, they are bound to follow certain accepted...
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...purchaser cannot discover from the register ”. Discuss and consider the extent to which the Land Registration Act 2002 meets the principles referred to in to in the quotation, including in your answer discussion of the extent to which pre-registration concepts such as notice might continue to persist in relation to difficult cases. In the following essay I shall discuss the above quotation. The Land Registration Act 2002 [1] came into force on the 13th October 2003. The Act completely repeals its predecessor the Land Registration Act 1925 [2], and presents a complete volte-face of how to organise the system of registered land in the UK. The LRA 2002 promotes a system of title by registration. The aims of the Act as set out in the Law Commission Report Number 271 are to create a register that is an accurate reflection of the true state of title to a registered estate of land at any time. The Act also aims to implement Electronic - Conveyancing, and to allow the state of title to be investigated with the minimum of additional enquiries and inspection [3]. This piece will focus on how the LRA 2002 has made title more secure and easily provable. The LRA 2002 increases the triggers for registration of land. The aim of this being that as many interests as possible, be entered on the register so that it shows a complete and accurate reflection of the state of title to land. Provisions for both compulsory and voluntary registration are made....
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...Decision on Amending the Rules for the Formation of Securities Companies with Foreign Shareholders I. Article 10 is amended to read: “The shareholding of foreign shareholders or the stake of foreign shareholders in a securities company with foreign shareholders shall not exceed 49% cumulatively (including direct shareholding and indirect control). “The shareholding or stake of one domestic-funded securities company at a minimum among domestic shareholders in a securities company with foreign shareholders shall not be lower than 49%. “After a domestic-funded securities company is changed into a securities company with foreign shareholders, the shareholding of one domestic shareholder at a minimum shall not be lower than 49%.” II. Paragraph 1 of Article 25 is amended to read: “Foreign investors may legally hold shares in a listed domestic-funded securities company through securities trading on a stock exchange or hold shares in a listed domestic-funded securities company with the approval of the CSRC by establishing a strategic partnership with the listed domestic-funded securities company, and the approved business scope of the listed domestic-funded securities company shall remain unchanged. The restriction that the shareholding of one domestic shareholder at a minimum shall not be lower than 49% shall not apply to the listed domestic-funded securities company provided that its controlling shareholder is a domestic shareholder.” III. Article 27 is amended to read:...
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...LAND ACQUISITION IN INDIA A REPORT SUBMITTED FOR THE COURSE “THE INDIAN ECONOMY” SUBMITTED BY: BISWAPRIYA SAHA DEEPSHIKHA GOVLI HIMANI KABRA ITISHREE DASH MRITYUNJAY BASAK PGP/17/076 PGP/17/077 PGP/17/080 PGP/17/083 PGP/17/094 Page 2 of 13 Table of Content ACKNOWLEDGEMENT ............................................................................................................................ 3 EXECUTIVE SUMMARY .......................................................................................................................... 4 INTRODUCTION ........................................................................................................................................ 5 BENEFITS OF LAND ACQUISITION ....................................................................................................... 6 NEGATIVE IMPACT ON FARMERS ........................................................................................................ 6 NEGATIVE IMPACT ON TRIBALS .......................................................................................................... 6 NEGATIVE IMPACT ON SOCIETY.......................................................................................................... 6 NEGATIVE IMPACT ON ENVIRONMENT ............................................................................................. 6 CRITICISM OF LAND ACQUISITION POLICY ...................................................................................... 7 LAND...
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