...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 You are reminded that your assignment must be your own work and that any quotations from both published and unpublished sources must be properly acknowledged with quotation marks, references or appropriate citation.4.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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...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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...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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...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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...The Law of the Land, According to Texas Federalism is defined as a system of government where power is divided by a constitution, between local government and federal government. Under this rationale of governing, power and authority are designated such that each unit (state and federal) has exclusive authorities only it can exercise while other powers are required to be shared. Though Texas has its own constitution separate from that of United States, the supremacy clause prevents the Texas constitution from over ruling the US constitution and its laws. As the supremacy clause is defined in Article IV, Section 2 of the United States Constitution, it is the supreme law of the land and shall prevail over any conflicting state laws or as it relates to Texas any state issued constitutions. With over 93,000 words, 16 articles, 474 amendments resulting in 6 total constitutions, no other state within the US is structured and run so similarly to that of the US government. For example Texas has a clearly defined separation of power where no one branch of government shall be attached to either of the other branches (with the exception of the lieutenant governors role in the Senate. In 1866 after the civil war Texas was back in the Union and many actions were taken to bring the state into compliance with President Johnsons’ policy of reconstruction. At this time Texas did not adopt the 13th amendment that abolished slavery. In 1869, Under the Congressional Reconstruction Act of 1867...
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...Introduction Economics involves making choices. Individuals, groups, businesses, and organizations like health care organizations choose how to use resources. Economics and health care are interlinked in that heath care practitioner apply economics in their activities. This is mainly through resource allocation. A health carte organization has to plan how to use the resources it has. Economic and health care share some terms like cost, quality and resources. This paper analyzes how the terms are similar in economics and health care. Also, the paper analyzes how the terms differ in economics and health care. Terms In economic a resource is considered to be any physical thing or virtual element that has limited availability. It is also considered to be anything that is used to help people earn a living. Economists use the term resources to refer to different things (Chung, 2006). In economics there are different types of resource like human resources, natural resources. Human resources in economics mean human capital or employees in an organization. Resources can also mean factors of production. Natural resources are used in production. A resource in economics has economic value (Hall & Jones, 2007). Economists view resources in economics important as they help in production. Resources in economics are limited, and people have to look for ways of allocating resource Resources in health care means all materials and funds used to provide health care services to people. In addition...
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...process and such input-output relationship is called as "Production Function". All factors of production like land, labor, capital and entrepreneur are required altogether at a time to produce a commodity. In economics, production means creation or an addition of utility. Factors of production can be classified into four categories. Such as: 1. Land 2. Labour 3. Capital 4. Enterprise Factors of production refer to inputs required for conducting production. Input is the starting point of every production activity. According to Prof. Benham, "Anything that contributes towards output is a factor of production." Mere existence of anything doesn't make it a factor of production but its contribution in production process is a necessary condition. Dr. Alfred Marshall described factors of production as "Agents of Production". Cooperation among factors is essential to produce anything because production is not a job of single factor Four Factors of Production in Economics - Chart Following chart provides brief tabulated information on 4 factors of production. * Mention the features of Land, Labor. * Land:- Land is a Natural and primary factor of Production. Land is not created by mankind but it is a gift of nature. So, it is called as natural factor of production. It is also called as original or primary factor of production. Normally, land means surface of...
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...bills. _ Venture capital is risk capital invested in a new business or one which Irestructuring, usually for a period of years. The venture capitalist hopes to make a large return on investment when the stake in the business is eventually sold, but also risks losing the whole investment.1 Land This means the land itself, and any natural resources that come with it. So oil, natural gas,bauxite, fertile soil, a pleasant climate and sandy beaches are all included in this factor of production. Every business uses some physical space – though, for example, a bank or small home-based business uses much less land than an agricultural business growing sugar. In economic terms, river and marine resources also count as land, for example fi sh, fresh water, or hydro-electric potential from a fast-fl owing river. Economists use the word “rent” to describe the earnings from land as a factor of production – even if it does not take the form of a regular weekly or monthly rent payment.Land and natural resources are in limited supply.The level of rent is related to scarcity. There is a high rent for resources such as: land in the central business district of the capital city_ beach-front land...
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...members are the Agrarian Reform Beneficiaries and Farmers Following purposes: * To develop appropriate system for land tenure, land development and management. Provide assistance in storage transport, marketing of farm products, financial facilities to beneficiaries for a reasonable cost, and arrange transfer of suitable technology in low cost. * To provide social security, medical, social insurance, non-formal education, vocational, technical training livelihood programs and promote the general welfare of agrarian reform beneficiaries and marginal farmers * To undertake comprehensive, integrated development program like agro-based, marine based, cottage based industries and act as a channel for external assistance for the beneficiaries. Section 90: Cooperative Estates Landholdings, plantations, haciendas acquired by the state of the workers in accordance with comprehensive agrarian reform program shall be owned collectively by the workers and beneficiaries Section 91: Infrastructure Government shall grant to agrarian reform cooperative the preferential treatment, authority to construct, maintain funding, roads, bridges, irrigation systems, reservoir, other infrastructure, and provide technical assistance facilities equipment to agrarian reform cooperative for their use. Section 92: Lease of Public Lands Government may lease public lands to agrarian reform cooperative members not exceeding 25 years. Renewal is for another 25 only with provided application...
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...Deyonne’s assets: 1. 400 sheep 2. 20 acres of land 3. A one-room cabin 4. A plow 5. Two carts 6. An ox Deyonne’s liabilities and deduction of assets: 1. 35 sheep 2. 3 sheep Due to the information, 20 acres of land equal 80 sheep according to the exchange rate of last year, a one-room cabin equal 3 acres of land and equal 12 sheep finally, a plow equals 2 goat and equal 2/3 sheep according to last year’s exchange rate and 2 carts which were traded with a poor acre of land equals 8 sheep plus 400 sheep. So Deyonne’s total assets are 500(2/3) sheep. Deyonne’s liabilities and assets deduction are 35 sheep plus 3 sheep, which will come to 38 sheep, therefore, his total net assets are 462(2/3) sheep. Batonne’s assets: 1. 360 sheep 2. 30 acres of land (which were trade with 35 sheep 10 years ago) 3. 10 acres of land (which were trade current year) 4. 10 goats ( 3 goat equals 1 sheep according to last year’s price) 5. An ox ( equals 3 sheep) 6. A two-room cabin (worth 3 acres of land) Explanations: 1. Although Batonne obtained 20 acres of land 10 years ago with 35 sheep, the worth of land increased to 4 sheep per acre of land. So all the land should be converted to sheep according to this later price. 2. There is no exchange price for the poor land, so it is assumed that the price for poor land is also 4 sheep per acre of land. 3. Because the order Batonne’s wife received cannot...
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...1. Economics is the study of how people choose to use resources. Resources include the time and talent people have available, the land, buildings, equipment, and other tools on hand, and the knowledge of how to combine them to create useful products and services. 2. Needs are limited. These include food, liquid, heat, shelter, clothing (material needs), self-esteem and being loved (psychological and emotional needs). Whereas Wants are unlimited. Be it a farmer in Africa, a manager in the UK or the richest individual in the world. There is always something which he or she wants more of. 3. Land is the economic resource encompassing natural resources found within an economy. This resource includes timber, land, fisheries, farms and other similar natural resources. Land is usually a limited resource for many economies. Although some natural resources, such as timber, food and animals, are renewable, the physical land is usually a fixed resource. Nations must carefully use their land resource by creating a mix of natural and industrial uses. Labor represents the human capital available to transform raw or national resources into consumer goods. Human capital includes all able-bodied individuals capable of working in the economy and providing various services to other individuals or businesses. This factor of production is a flexible resource as workers can be allocated to different areas of the economy for producing consumer goods or services. Human capital can also be improved...
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...After that try and my friend Misha stuck it as well after that I knew that I had to do it because we are always battling each other to land a trick first. I really wanted it though I wanted to rub it in his face because he had beaten me to the last week that we are both trying and he rubbed it in my face. We were at the top of the stairs I looked at him and I told him that I'm going to beat him. Before I even got to put my board down and hop on heat first It Off threw down his board and got a head start. He was rolling up very fast and has the he flipped it felt like it was going in slow motion he did the perfect rotation and it looked like he was about to land it. Me being selfish ice cream to try to distract him. And it worked wonderfully. After that he got upset and yelled at me and when he was yelling at me always already rolling past him. That's why I put everything on the line I wasn't even thinking about it. I wanted to be him so bad that my fears became non apparent. It was that Triad I landed on it and rode away. Hand touch with both of my hands and went to a sliding...
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...1. What past forest management activities have lead to the unique landscape seen today at Shelburne Farms? The ice storm hurt the forest big time there for some management activities were focused on making sure the forest aspects can stand another storm like the ice storm more so than it did last time. And the landscape has changed due to water erosion and land movement. The hills make for the sugar lines to run smoother and quicker. On the other hand the steady land makes it easier to collect sap buckets. 2. How did the 1998 ice storm affect forestlands at Shelburne Farms? What kind of challenge does this type of natural disturbance present for forest managers? The 1998 ice storm affected the Shelburne Farms forestlands by destroying many trees and most things froze to where they broke. The sap had to stop flowing because the trees were so damaged and solid. The ground and landscape also could have been damaged as well. This kind of disturbance to the forest can prevent sales and even take time to rebuild the entire forest floor. 3. One major challenge facing forest managers and sugarbush owners in the northeast is deer overpopulation. How do deer affect the long-term management of a forestland? Sugar lines if any would be affected and possibly the buckets may be torn down. The deer also would eat the natural wild life around and bugs that are keeping the pests away. 4. In the Shelburne Farms management plan, the section on Harvest Systems is quite specific...
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...ECONOMICS AND ETHICAL ISSUES Economics and Ethical Issues Given the business situation of Mrs. Acres Homemade Pies and using the economic concepts of supply and demand, explain * Discuss what you think will happen to the supply, demand and price of the product in the short-term; * Discuss what you think will happen to the supply, demand and price of the product in the long-term. * Explain why you think supply, demand or equilibrium price will be different, if at all¸ in the short-term and long-term. I want to begin sharing my findings with the definition of supply and demand. Supply is defined as the number of products, goods and services that businesses are willing to sell at different prices at a specific time (McGraw-Hill p. 13). Demand is the number of goods and services that consumers are willing to buy at different prices at a specific time (McGraw-Hill p.13). Mrs. Acres Homemade Pies started out successful which caused an increase in demand for the product. In the short-term, the supply of the product can be increased to meet the demand. Shelly had already taken the necessary steps to meet the rising demand of her product, by expanding operations and borrowing money in order to increase her staff. In order to meet the increasing demand in the short-term, Shelly could consider another expansion and find the financial means to increase her staff so she will be able to keep up the supply of the product. I think the price of Shelly’s pies will...
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