Property law Essays & Research Papers

Best Property law Essays

  • Property Law - 24340 Words
    [Note: Numbers in brackets refer to the printed pages of Understanding Property Law by John G. Sprankling where the topic is discussed.] LexisNexis Capsule Summary Property Law PART I: INTRODUCTION Chapter 1 WHAT IS PROPERTY? § 1.01 An “Unanswerable” Question? [1-2] The term property is extraordinarily difficult to define. The ordinary person defines property as things that are owned by people. However, the law defines property as rights among people that concern things. § 1.02...
    24,340 Words | 94 Pages
  • Property Law notes - 14358 Words
    Physical Dimensions. RIGHTS ABOVE SURFACE →The owner’s rights in airspace should be restricted to “any such height as is necessary for the ordinary use and enjoyment of his land and the structures upon it”. If within this meaning their may be an action in trespass. – Berstein v Skyviews and General Ltd. S 2(1) of the Damage by Aircraft Act 1952 precludes action in trespass for overflying aircraft.→ An intrusion by a land based structure located on the defendant’s land constituted a trespass to...
    14,358 Words | 34 Pages
  • Australian Property Law - 63351 Words
    Table of Contents d 5 Torrens Title Lan Introduction 5 Principle of Indefeasibility 5 Key Provisions (RP Act) 5 Deferred v immediate indefeasibility 6 Frazer v Walker 1967 6 Breskvar v Wall (1971) 7 What will attract indefeasibility? 8 Leases: 9 Mercantile Credits Ltd v Shell Co of Australia Ltd (1976) 9 Karacominakis v Big Country Developments (2000) 11 Mortgages: 11 Yazgi v Permanent Custodians Ltd (2007) 11 Volunteers 12 Bogdanovic v Koteff (1988) 12 Rasmussen v...
    63,351 Words | 195 Pages
  • Property Law notes - 4794 Words
    Topic 5: Torrens Title Intro reasons why Torrens Title came into being old system very complex tracing title back security of title the registration of deeds doesn’t fix the above issues especially security General Register of deeds difficult to search General Register does not fix any defect Under Torrens Title indefeasibility of title started with Robert Torrens in SA NSW started 1963 Since then all grants under Torrens Title At conveyance of old property transferred to Torrens...
    4,794 Words | 21 Pages
  • All Property law Essays

  • Introduction to Property Law - 22017 Words
     PROPERTY LAW 2013 Contents 1. Rights Above and Below Land……………………………………………………. 3 2. Fixtures and Related Matters……………………………………………………… 7 3. Co – Ownership……………………………………………………………………. 12 4. Easements………………………………………………………………………….. 26 5. Covenants………………………………………………………………………….. 35 6. Adverse Possession………………………………………………………………... 46 7. Native Title Legislation and Indigenous Land Rights Legislation………………... 60 1. Rights Above and Below Land Cuius est solum eius...
    22,017 Words | 87 Pages
  • Property Law- Adverse Possession.
    PROPERTY LAW - Adverse Possession Introduction To understand the comments made by Young J in Shaw v Garbutt (1996) 7 BPR 14 at 816, it is necessary to discuss the doctrine of adverse possession, it's requirements and the history of how this law has been interpreted. Philosophy of adverse possession The basic underlying philosophy for the doctrine of adverse possession is that historically land use has been favoured over disuse. The doctrine protects ownership by barring stale claims of...
    1,442 Words | 5 Pages
  • Gifts and Exchanges in Property Law
    GIFTS IN PROPERTY LAW ------------------------------------------------- Anweshaa Majumdar BA LLB 2ND YEAR 20110089 JGLS ------------------------------------------------- CONTENTS * Definition of a Gift * Essential elements of a Gift * Mode...
    2,906 Words | 9 Pages
  • Property Law Assignment 1
    MOSK GIVES US MOORE OF AN IDEA ABOUT PROPERTY Contents MOSK GIVES US MOORE OF AN IDEA ABOUT PROPERTY 2 INTRODUCTION 3 PROPERTY DEFINITION 4 ADAPTABILITY 5 LEGISLATIVE GUIDANCE 6 ETHICS AND EQUITY 7 WEAKNESSES OR STRENGTHS? 10 POST ‘MOORE’TEM 13 CONCLUSION 14 INTRODUCTION The question of property rights in human tissue has traditionally been relevant in matters concerning dead bodies. However, with the rise of Biotechnology human tissue storage is increasing...
    2,234 Words | 8 Pages
  • Property Law 2 Notes
    Indefeasibility * The conclusiveness of the register & bars 'retrospective investigation of title' aimed to achieve security and simplicity in matters of title to land * Protection of purchaser – they are ‘paramount from unregistered interests’ but still are bound by registered interests * Frazer v Walker – ‘indefeasibility of title is convenient description for the immunity from attack by adverse claim to the land or interest in respect of which he is registered,...
    9,380 Words | 27 Pages
  • Property Law Outline - 64374 Words
    I. Introduction to Property Law (1-12) Restatement View of Property 1. The legal relations between persons with respect to a thing. a. Thing may be an object with a physical existence or an intangible object. 2. Bundle of Sticks – each stick represents a right a. Posses, use, manage, consume, destroy, modify, alienate, etc Classical Perspectives 1. Occupation - one of the natural modes of acquisition a. Taking possession of property of no man with the intention of keeping it...
    64,374 Words | 196 Pages
  • Hong Kong Property Law
    introduction The protection of property rights in Hong Kong Special Administrative Region is always a large and important topic. This article attempts to discuss protection of property right in the perspective of separation of powers under Basic Law. It will look at how Basic Law has entrenched the doctrine of separation of powers in protecting property rights. The first part of this article involves in some theories of property right and separation of powers, as well as their relationship....
    369 Words | 2 Pages
  • Real Property Law Assignment Essay
    Anna and Mark are residents of Memphis, Tennessee. While they were married, they purchased a condominium in Gatlinburg, Tennessee for vacation purposes. They purchased the condominium with marital funds and as tenants by the entirety. In 2004, Mark and Anna divorced, but maintained a friendly relationship. Since they both wanted to continue to have access to their condo in Gatlinburg, they had their lawyers insert the following clause into their divorce agreement: "Both parties hereto...
    676 Words | 2 Pages
  • Australian Personal Property Securities Laws
    Question 1 (a) Australian laws relating to personal property securities (“PPS”) have been messy for years, based on often incomplete state records which have never been centralised. The major rationales for the reforms are that the previous laws were inflexible, outdated, and prevent product innovation.[1] Personal property incorporates intellectual property , an important repository of wealth in the 21st century. This causes a need to incorporatefor flexible and modern laws which...
    3,189 Words | 9 Pages
  • Legal Aspects of Vested Property and Law of Inheritance
    Chapter one Introduction 1.1 Context of the study The creation and continuance of the law of enemy property, later vested property, is a violation of property rights of the people in Bangladesh. Resultantly, such law violates the law of property inheritance of the people. It created the state succession of individual property which is a violation of personal laws of property inheritance. The law governing the return of such property also violates some aspects of such personal laws. It is...
    2,616 Words | 8 Pages
  • Terms of Personal Property and Real Property
    Solution 2 General Comments The aim of this question is to test whether students grasp the fundamental differences between real and personal property. In their introduction, students should explain what is meant by the terms real property and personal property. Students should also define what is meant by the term ‘land’ to indicate that it includes not just physical territory. As part of their answer, students must therefore deal with corporeal and incorporeal hereditaments in real...
    751 Words | 3 Pages
  • Mountain Property - 896 Words
    Mountain Property Problem In this case study Martin was faced with losing his land to Otis who claimed to have lived there for twenty years and to the lease company that had lend money to Andrew, one of his partners joint tenancy owner for the mountain property. Legal advice Looking at Martin’s case legally, he was right to contact the attorney for the necessary legal actions. According to laws that states joint ownership of properties, a co-owner of a joint tenancy with rights of...
    896 Words | 3 Pages
  • Property Act - 29522 Words
    TRANSFER OF PROPERTY ACT M. S. RAMA RAO B.Sc., M.A., M.L. Class-room live lectures edited, enlarged and updated Msrlawbooks TRANSFER OF PROPERTY 1929 By M S RAMA RAO B.Sc.,M.A.,M.L., Page 1 msrlawbooks© Transfer of property >>>>> INTRODUCTION Transfer of Property is the most difficult subject, next only to jurisprudence. The reason is that it deals with certain doctrines having their Origin in the Common Law of England, some totally alien to the Indian Concepts....
    29,522 Words | 88 Pages
  • Transfer of Property - 22959 Words
    transfer of property Introduction to TOP Act What is the meaning of "transfer of property" for the purpose of the Act? [pic] The term "transfer of property" as defined by S5 means an act by which a living person conveys property in present or in future to one or more other living persons, or to himself or to himself and one or more other living persons. In this section, the term, ''living person'' includes a company or association or body of individuals whether incorporated or not....
    22,959 Words | 67 Pages
  • Transfer of Property - 5891 Words
    4) TRANSFER OF PROPERTY IN GOODS AS BETWEEN SELLER AND BUYER & RISK The property in the goods is defined to be transferred from the seller to the buyer when the latter acquires the proprietary rights over the goods and the obligations linked thereto. 'Property in Goods' which means the ownership of goods, is different from possession of goods which means the physical custody or control of the goods. Otherwise , a person may be in possession the goods passes to the buyer because of the...
    5,891 Words | 14 Pages
  • real property - 456 Words
    Memorandum To: Reader From: (paralegal) Re: Mildred and Cliff have 3 acres of land in question where Cliff's fence takes up her property for dispute. Mildred has a deed executed 40 years ago and Cliff's claims he is the adverse possessor. Mildred of Ohio organized her estate plan and had a survey done on her home; realizes that her neighbor Cliff's picket fence is 3 feet on her property line....
    456 Words | 2 Pages
  • Real Property - 1357 Words
    Question # 1 – What were Birdwell’s options on July 5? Doctrine of Equitable Conversion – once a contract is signed, equity regards the buyer as the owner of the property. The seller’s interest is looked at as personal property. The legal title of the property remains with the seller and is considered to in trust and the risk is on the seller. The right of possession follows the legal title; the seller is entitled to possession until closing. Risk of Loss – there is a split of...
    1,357 Words | 5 Pages
  • Title to Property - 1987 Words
    Question: Identify the principle Lord Denning was discussing in Bishopgate Motor Finance Corporation Limited v Transport brakes limited and clearly explain how the principle has been modified by common law and statute. AUTHOR : KATALILO JOY INTRODUCTION This paper will identify the principle Lord Denning was discussing in Bishopgate Motor Finance Corporation Limited v Transport brakes limited and clearly explain how the principle has been modified by common law and...
    1,987 Words | 6 Pages
  • Interference with Property - 1501 Words
    Interference with Property What is Interference with Property: Intentional interference with property is the section under intentional tort law that protects a citizen from having their land trespassed on, chattels stolen or obtained by people that should not have their items.It is also the act that protects your rights as a Canadian citizen to privacy and protection of property. Types of Interference with Property: There are four main sections under which intentional interference...
    1,501 Words | 5 Pages
  • Property Notes - 2597 Words
    TORRENS TITLE * System of title by registration rather than registration by title (Breskvar v Wall (1971) 126 CLR 376. * Indefeasibility- The registered proprietor holds the title free of all unregistered interests. S42 Real Property Act 1900 (NSW). * Registration of a void instrument confers immediate indefeasibility in the absence of fraud (Frazer v Walker [1967]] 1 AC 569. * Sir Garfield Barwick sitting on the Privy Council in Frazer v Walker described it as: “a convenient...
    2,597 Words | 10 Pages
  • Public Property - 8415 Words
    Public property is property which is owned collectively by the people as a whole. This is in contrast to private property, owned by a individual person or artificial entities that represent the financial interests of persons, such as corporations.[1] State ownership, also called public ownership, government ownership or state property, are property interests that are vested in the state, rather than an individual or communities.[2] [edit] Crown property In the modern representative democracy,...
    8,415 Words | 24 Pages
  • Law of Mirath - 1694 Words
    CHAPTER ONE STATEMENT OF THE PROBLEM The Law of Mirath, which mean succession is concerned with the distribution of the estate left by the deceased person, the method implied in the sharing it and the heirs themselves. This aspect of the family law as very important as it is has not been fully understood by the majority of the Muslims in general. The general public has not taken interest in the learnings and writings on it, especially the lay man who constituted the majority in our...
    1,694 Words | 5 Pages
  • Land Law - 2568 Words
    Co-ownership Why did David leave the property behind for his three daughters? What is the purpose of it? From a third party’s point of view, we say that it was meant for them to make a living out of it. He wants to let the property be there so that his three daughters can still live together even after he passed on. Based on the assumption that his three daughters share the co-ownership as joint tenancy of the property based on this sentence ‘jointly and to share amongst themselves’....
    2,568 Words | 9 Pages
  • Land Law - 470 Words
    Parties - Astol Flooring Limited, Bridgman Limited Equity Finance Limited Issues – flooring losing its chattel nature and becoming a fixture flooring becoming part of the realty and thus part of the bank’s security. Whether Astol Flooring Limited can enter the Bridgman House and remove the flooring, in particular whether the rights provided by section 7 of the contract between Astol Flooring and Bridgman Limited will prevail over the rights of Equity Finance Limited as registered mortgagee of...
    470 Words | 2 Pages
  • COMMERCIAL LAW - 3966 Words
    LOUISE MERRETT TRINITY COLLEGE COMMERCIAL LAW LECTURES 2012 -2013 SALE OF GOODS (4) TRANSFER OF TITLE BY A NON-OWNER Context 1. The general rule as to priority in the case of personal property is clear and underpins all forms of transfer, whether by gift, sale, bailment or security, and it is that a person cannot give what is not his or hers to give. This basic rule is often expressed in the Latin maxim nemo dat quod non habet and if reflected in s 21 SGA. 2. In practice,...
    3,966 Words | 15 Pages
  • Land Law - 5091 Words
    land UNIT 9- LEVEL 6 - LAND LAW SUGGESTED ANSWERS - January 2010 Note to Candidates and Tutors: The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students should have included in their answers to the January 2010 examinations. The suggested answers do not for all questions set out all the points which students may have included in their responses to the questions. Students will have received credit, where applicable, for other points not...
    5,091 Words | 12 Pages
  • Land Law - 3359 Words
    This assignment will discuss some of the interests which can exist in land, and how they can affect a third party who wishes to purchase the property. By considering the creation of such interests, it can be assessed how they are protected against third parties in the registered system and then consider how the protection differs in the unregistered system. Richard has entered into a written agreement to purchase a freehold estate from Vanessa. He has been informed about the interests relating...
    3,359 Words | 9 Pages
  • Computer "Law" - 1833 Words
    RUNNING HEAD: Computer law Computer “Law” Edward A Celaya September 5, 2012 Regis University Abstract In the world of Information Technology the one thing that is king above all others should be the security of the device or network a person is on because if they feel that they can’t trust the network or device it is more than likely not going to be used. And even with cultural and corporate interests abound it is clear that intellectual property needs to be protected in order to...
    1,833 Words | 5 Pages
  • Reviewer Law - 376 Words
    Reviewer in LawObli DIFFERENT KINDS OF OBLIGATIONS Pure obligation- is one which is not subject any condition and no specific date is mentioned for its fulfillment and is, therefore, immediately demandable. Conditional obligation- is one whose consequences are subject In one way or another to the fulfillment of a condition. Condition- is a future and uncertain event, upon the happening of which, the effectivity or extinguishment of an obligation subject to it depends. Future and...
    376 Words | 2 Pages
  • Land Law - 8064 Words
    The need to provide for boundary adjustments in a registered title land system by Malcolm M Park* Graduate student Department of Geomatics, The University of Melbourne and Ian P Williamson Professor of Surveying and Land Information Department of Geomatics, The University of Melbourne ianpw@unimelb.edu.au Abstract The practicalities of a modern land administration system require some means of boundary adjustment (or repair). Of the possible mechanisms it is concluded that an alternative to...
    8,064 Words | 23 Pages
  • Commercial Law - 43155 Words
    Commercial Law Property 4 Ownership/Possession: 4 ‘Finding’ Cases 5 Personal Property 6 Bailment 8 Nature And Classification Of Bailments 8 Duties Of Bailee 9 Duties Of Bailor 11 Termination Of Bailments 12 Special Types Of Bailee 13 Agency 15 Definition Of Agency 15 Creation Of Agency 15 Nature And Scope Of Agent Authority 16 Duties Of Agent 17 Rights Of Agents 18 Liabilities Of Agents 19 Termination Of Agency 21 Particular Types Of Agents 22 Statutory Regulation Of Agents...
    43,155 Words | 137 Pages
  • Insurance Law - 11084 Words
    ESSAY EVOLUTIONARY THEORY AND THE ORIGIN OF PROPERTY RIGHTS James E. Krier † For legal scholars, the evolution of property rights has been a topic in search of a theory. My aim here is to draw together various accounts (some of them largely neglected in the legal literature), from dated to modern, and suggest a way they can be melded into a plausible explanation of property’s genesis and early development. What results hardly amounts to a theory, but it does suggest an outline for one....
    11,084 Words | 31 Pages
  • Research Paper Property - 2877 Words
     Property Law, The Inside Look Azrielle D. Washington July 20, 2014 LSTD506 “Property law has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the unanimity that property has no special content, but is a protean construct; a mere placeholder for theories aimed at questions of distributive justice and efficiency” (Joel Feinberg & Hyman Gross, Philosophy of Law (1975). Until recently there has been a relative absence of...
    2,877 Words | 8 Pages
  • Investment Property, Ias 40
    2012 Technical Summary IAS 40 Investment Property as issued at 1 January 2012. Includes IFRSs with an effective date after 1 January 2012 but not the IFRSs they will replace. This extract has been prepared by IFRS Foundation staff and has not been approved by the IASB. For the requirements reference must be made to International Financial Reporting Standards. The objective of this Standard is to prescribe the accounting treatment for investment property and related disclosure...
    552 Words | 2 Pages
  • Property Case Digests - 11325 Words
    Roman Almalbis Spouses Felix Chingkoe and Rosita Chingkoe (Petitioner) vs. Spouses Faustino Chingkoe and Gloria Chingkoe (Respondents) G.R. No. 185518 April 17, 2013 Facts: Respondents are registered owners of real property. They permitted petitioners to inhabit the subject property. Through the intercession of their mother, Faustino agreed to sell his property to Felix, on condition that the title shall be delivered only after payment of the full purchase price. They agreed that the...
    11,325 Words | 30 Pages
  • Real Property Finders and Rewards
    Summary: In our case scenario Bart and Alan bot reside in Boring, Oregon. Alan is the finder of Bart’s lost item before Bart offers a reward. In Contract law a reward offer is binding. In Property law a person has a responsibility to return lost personal property to its rightful owner. Issue: Is Alan entitled to collect a reward before he returns Bart’s object? Rule: MacFarlane v. Bloch, 59 Ore. 1 (Or. 1911) In the above mentioned case, one party found a pocketbook with a...
    598 Words | 2 Pages
  • Understanding Tangible Property - 723 Words
    Understanding Tangible Property Team E LAW531 February 07, 2012 Michelle Hamilton Understanding Tangible Property This week team discussion involves understanding the tangible property right of a business. The business rights depends in the field of industry that companies conducts its businesses in. Some tangible are similar while others pertain uniquely to its industry. Discussion amongst the team member lead to the decision to undertake the retail industry such as Wal-Mart,...
    723 Words | 3 Pages
  • Real Property Notes - 71415 Words
    ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- LAWS2017 Real Property ------------------------------------------------- Comprehensive Study Notes 1. Common Law and Equitable Approached to Competing Interests The basic...
    71,415 Words | 201 Pages
  • Tangible Property Rights - 845 Words
    Week Five Team Assignment: Tangible Property Rights Jo Darling, Mark Plenty, Chantile Smith, Chante Strickland LAW/531 April 15, 2013 David Cheatham, J. D. Week Five Team Assignment: Tangible Property Rights Tangible property is property that is seen and touched outside of fixtures (University of Phoenix, 2010).” Tangible property includes physically defined property such as goods, animals, minerals “(University of Phoenix 2010). The laws in the United States of America provides...
    845 Words | 3 Pages
  • Journal: Property and James - 324 Words
    Journal #5 This is the story that I have witnessed in my community. The dispute between the boundaries of houses led to the misunderstanding of each other. Since I do not own any rights to appear theirs real name in this paper, let’s assume they are James and Taylor. James and Taylor were longtime neighbors and best friends before the dispute happened. One day, Taylor had done some changes in her front gate, which included laying a concrete slab. This concrete slab intruded on James’ property...
    324 Words | 1 Page
  • Location: Personal Property - 1916 Words
     Location, Location, Location ACC_543 August 25, 2014 Thomas Frank Location, Location, Location When starting up a new business, one of the most important factors for a business owner to decide on is the location of that business. With a white-water rafting business there are several important factors that a company must look at before they can proceed. First item is the legal aspects of acquiring, holding, and disposing of both real and personal properties. This aspect is more...
    1,916 Words | 6 Pages
  • Recovery of Possession of Property - 449 Words
    RECOVERING POSSESSION OF PROPERTY Recovery of specific immovable property.-A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908). Suit by person dispossessed of immovable property.-(1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any...
    449 Words | 2 Pages
  • Fiqh 1-Classification of Property
     CLASSIFICATION OF PROPERTY VALUABLE AND NON-VALUABLE MOVABLE AND IMMOVABLE SIMILAR AND DISSIMILAR USABLE AND PERISHABLE DEFINITION VALUABLE -Valuable property includes all permissible things that are possessed and secured NON VALUABLE - Non Valuable property includes all those things which are prohibited by Shariah MOVABLE - Movable property is a property that can be moved from one place to another IMMOVABLE - Immovable property is a property that is permanently fixed to the...
    589 Words | 3 Pages
  • Property Rights in the United States
    The economic concept of private property refers to the rights owners have to the exclusive use and disposal of a physical object. Property is not a table, a chair, or an acre of land. It is the bundle of rights which the owner is entitled to employ those objects. The alternative (collectivist) view is that private property consists merely of a legal deed to an object with the use and disposal of the object subject to the whims and mercies of the state. Under this latter view, the state retains...
    1,325 Words | 4 Pages
  • Industrial Property and Ethics - 1002 Words
    Advanced Study of International intellectual Property Law Industrial Property and Ethics The transition to a new stage of social development is impossible without respect and promotion of creative and scientific activities. Consumer society stimulates the development of new technologies and manufacturing them in new products. Thereby, our society needs in a clear legal regulation of such legal institution as intellectual property rights. Intellectual property is usually divided into two...
    1,002 Words | 3 Pages
  • Real Property Final Exam Notes
    Old System Title Legal Interests under Old System Title S184G CA: priority given to the earlier same as s 12 of the former Registration and Deeds Act. If the four elements are satisfied, namely: 1. Instrument relating to the land (excludes wills) must be effective and not void 2. Made in good faith a. There must be no fraud – Re Cooper b. It must be bona fide - Marsden v Campbell c. Notice only effective after registration, no notice before registration, but after settlement –...
    7,487 Words | 26 Pages
  • Real Estate Law - 5528 Words
    Easement may be released by the following ways: 1. By statute sec 106(2) Land titles Act – Non-user of easement exceeding 12 yrs implies its abandonment 2. By express release- Requires a deed 3. By implied release – from the conduct of DT to release after a long period of non-user 4. By unification of ownership and possession of DT and ST—two adjoining lands are now owned by the same person” I wish to correct a misconceiption; there is no privity of estate between the original...
    5,528 Words | 17 Pages
  • The transfer of property act 1882 1
    The transfer of property act 1882 Immovable properties The definition of immovable properties it is negative definition, which say what is not an immoveable property. Section 3- of Transfer of property Act 1882-immoveable property does not include standing timber, growing crops or grass. Section 3- of The General Clauses Act 1897- “ Immovable property- Land Benefits to arise out of land- Profit Appendary (Exp- Rent, fishing rights, right to ferry, lease) Things attached to the earth or...
    11,166 Words | 39 Pages
  • Sale & Attachment of Property in Execution Decree
    Chapter – I Introduction & Research Methodology 1. Introduction: The passing of a decree by a competent court conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit, thus creating substantive rights in favour of the decree-holder. However, lately it has been seen that instead of following the terms and conditions of the decree, judgment-debtors have been placing a number of obstacles in the way of a decree-holder. In...
    4,661 Words | 14 Pages
  • Property Reviewer Recit Guide Usufruct
    USUFRUCT Usufruct in General ARTICLE 562 “Usufruct gives a right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides” Illustration: If a party has a usufruct in a real estate property, he or she has the full right to use it or rent it out and collect the rental income without sharing it with the actual owner, as long as the usufruct is in effect Definition: Usufruct is the right to enjoy the...
    6,320 Words | 19 Pages
  • Conversion Under Tort Law
    MGT320 5/19/2012 Conversion under Tort Law The layman’s definition for conversion is basically considered theft; according to our text “whenever a person wrongfully possesses or uses the personal property of another without permission” is considered conversion…..”deprives an owner of personal property or of the use of that property without that owner’s permission”. On March 28 of this...
    570 Words | 2 Pages
  • Land Law Values - 4034 Words
    Introduction By English land law is meant the land law of England and Wales, two of the four parts of the United Kingdom of Great Britain and Northern Ireland, the other two parts being Scotland and Northern Ireland. England and Wales use the same land law, and Northern Ireland (like the Irish Republic) also uses English land law, but subject to the legislation of its own Parliament. There is, therefore, no such thing as British land law. The English Land law can only be explained by an...
    4,034 Words | 11 Pages
  • Land Law Procedures in Kenya
    CATHOLIC UNIVERISTY OF EASTERN AFRICA (CUEA) FACULTY OF LAW THIRD YEAR 1ST SEMESTER BACHELOR OF LAWS JANUARY- APRIL 2013 COURSE TITLE: LAND LAW 1 COURSE CODE: CLS 300 BY: WILSON MAROTSE MULEI LLM (London), LLB (Moi), Dip. Law (KSL) Attorney at Law, EAC COURSE OUTLINE INTRODUCTION Land law is split into two separate but related units. Land Law 1 and Land Law II. Land Law I deals with foundations of property law and Land Law II deals with Proprietary...
    16,823 Words | 52 Pages
  • Corporation Law Lawer - 805 Words
    Corporate lawyer IMAN TRABOLSE, GLEB REMIZOV • Who is it ? • Salary: 50 hours per week, with a mean startng salary of USD 64,000, rising to USD 93,700 afer 5 years and USD 139,000 afer 10–15 years • Role and knowledge about: • Contract law • Tax law • Accountng • Securites law • Bancruptcy • Intellectal property rights • Licensing • Zoning laws • And the specific to the business of the corporaton that they work for … COMMERCIAL TRANSACTION • Commercial transacton • An interacton between two...
    805 Words | 6 Pages
  • Land Law - Proprietary Estoppel
    Proprietary estoppel protects a person who has a non contractual agreement over land but they have suffered a detriment due to them acting upon a reliance based on an assurance made by the claimant. There has been much discussion in recent case law and academic commentaries as to the elements which make up the nature of proprietary estoppel. Unconscionaibility is a major point for discussion in deciding whether it should be treated as a separate element or if it is linked into the three main...
    2,381 Words | 6 Pages
  • Land Law revision - 1106 Words
    CO-OWNERSHIP (FAMILY HOME) ***C can claim a right to occupy home by (i) proving she has a property right (TRUST) (ii) statutory (automatic) right to occupy for spouse/civil partner (s30 Family Law Act 1996), irrespective of holding a property right (right to occupy can be applied by former spouse/civil partner/cohabitant s35 FLA) 1) Express declaration of legal & beneficial ownership conclusive but must be in writing s53(1)(b) LPA 1925 TR1 form also okay, but not conclusive 2) sole...
    1,106 Words | 4 Pages
  • Law Assignment. Partnership Act
    To: Alexander Hunter From: Bea Calm Date: January 26th 2013 Subject: Analysis of Legal Issues Thank You for choosing Bea Calm for your legal advice. This is what we came up with: Facts: Alexander Hunter and Brenda Ho had co-ownership of a number of real estate properties. They had hoped to acquire the property adjacent to one of their own properties known as ‘The Baby’. However the neighbours refused to sell it and the current Mayor David Miller was not conducive to divide single...
    1,133 Words | 4 Pages
  • Land Law Notes - 981 Words
    LAND LAW INTRODUCTION REVISION NOTES What is land? Law of Property Act 1925 s.205 (1)(ix) Land includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments; also a manor, an advowson, and a rent and other incorporeal hereditaments, and an easement, right, privilege, or benefit in, over, or derived from the land...
    981 Words | 3 Pages
  • Land law preliminary assessment
    1A) In order to advise Colman as to whether he has any interest in either Yantabulla or Muckinbudin and whether any such interest is enforceable against Eleanor, we must first look at the nature of the estate. Both Yantabulla and Muckinbudin qualify as being legal estates as per s.1(1(a))of the Law of Property Act 1925. We must look at Colman’s legal standing in both properties it establishes whether he has an interest in either. Yantabulla Boulton is the sole legal title holder of...
    2,991 Words | 8 Pages
  • Expropriation Procedure, Law and Practice
    Addis Ababa University School of post Graduate School of Law LLM Thesis on: Issues of Expropriation: The Law and the Practice in Oromia By: Girma Kassa Kumsa Advisor: Muradu Abdo (Ass.Professor) A Master’s Thesis Submitted to School of Graduate Studies of Addis Ababa University in Partial Fulfillment of the Requirements of Masters of Law (LL.M) November, 2011 i Table of Content Pages Acknowledgement……………………………………………………………………………………….iv Abstract…………………………………………………………………………………………………..vi...
    55,531 Words | 172 Pages
  • Land Law Registration - 3568 Words
    The law of the land comprises a crystallized expression of values cast in sharp relief against the landscape of the law. (Gray and Gray, Elements of Land Law) What key values or aims does English Land Law promote and evaluate the balance struck by them. Provide illustrations of relevant cases and statute in this regard. The English Land Law is one of the oldest branches found in the doctrine of common law. It has its origins in the feudal reforms imposed on England by William...
    3,568 Words | 9 Pages
  • Land Law Test Notes
    Ffion Wyn Parry Land Law – Assessed test LA36130 1. Distinguishing between fixtures and chattels is important when deciding who the legal owner of property is. A fixture is an object which is attached irreversibly to the land, the removal of a fixture would result in the damage of the object. However the description of a describes how a chattel is not fixed it is an independent object resting on the land, and can be removed without causing damage. The distinction between whether an...
    1,078 Words | 3 Pages
  • Land Laws of Malaysia - 1713 Words
    QUESTION 1 The land laws of Malaysia are contained in the main pieces of legislation. What are they? The National Land Code 1965 was made effective from 1st of January 1966. It was enacted to ensure uniformity of land laws and land policies with respect to land tenure, registration of titles relating to land, transfer of land, leases, charges in respect of land, easements and other rights and interests inland. Some of the contents of National Land Code 1965 are as follows: indefeasible...
    1,713 Words | 5 Pages
  • Probate Law Final - 2213 Words
    To: Stacy Hopkins From: Suzanne M. Briscoe Re: Final Assessment Probate 65B Date: June 12, 2013 1. What does the term “probate estate” refer to? The term “Probate Estate” quite simply, refers to all the assets and property owned at the time of the defendant’s death that require some form of probate proceeding before the title and assets may be transferred to the proper heirs. 2. If property (either community or separate) goes outright to a surviving spouse or domestic...
    2,213 Words | 8 Pages
  • Law and Economics Notes - 1216 Words
    WLAW & ECONOMICS: PROPERTY LAW QUESTIONS THAT PROPERTY LAW MUST ANSWER • How are property rights to be initially assigned? Or How does one acquire ownership of something? What are the consequences of the nature of ownership – private, public or un-owned? May one property-owner maximizing her own utility offend her neighbor thus lowering his utility? When does an event constitute a “nuisance”? • • • PELZMAN: PROPERTY LAW 3/23/2013 2 QUESTIONS THAT PROPERTY LAW MUST...
    1,216 Words | 12 Pages
  • Security Laws in India - 15730 Words
    Introduction Constitution of Working Group Based on the recommendations of Joint Parliamentary Committee (JPC) the Reserve Bank of India advised the Indian Banks’ Association to set up a Working Group to review and suggest changes in the laws relating to creation, enforcement and registration of Security Interest. Accordingly, with the approval of the Managing Committee, the IBA, in October 2003, formed a Working Group under the Chairmanship of Dr. Anil K Khandelwal, the then Executive...
    15,730 Words | 50 Pages
  • Tort Law: Farmer vs. Pilot
    ‘TORTS – Essay One’ Student ID - 250755 November 14, 2014 FARMER v. PILOT TRESPASS Trespass is defined by the act of knowingly entering another person’s property without permission. Such action is held to infringe upon a property owner’s legal right to enjoy the benefits of ownership. Trespass comes in two forms: trespass to land, and trespass to chattel. In either case, trespass means using the property without permission of the owner. Trespass to chattel is an intentional...
    518 Words | 3 Pages
  • Questions on Real Property and Land Use Control
    Chapter 26 Real Property and Land Use Control N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows. N A question new to this edition of the Test Bank. + A question modified from the previous edition of the Test Bank. = A question included in the previous edition of the Test Bank. TRUE/FALSE QUESTIONS 1. The protection of an individual’s right to his or her property has become one of our most important rights. ANSWER: T PAGES: Section 1 TYPE: N BUSPROG:...
    2,518 Words | 13 Pages
  • The Law On Leases From A Legal Concept Of
    The Law on Leases from a Legal Concept of “Property” Property in the legal sense is a collection of legal rights over a “thing”. This thing is a relationship that can be described as a power relationship within “real property” concerning legal rights and interests in land. Though the legal concept of property is very much broad and covers many types of proprietary rights, which are ‘interests in land’1, this essay will focus narrowly on the leasehold estate within the concept of property as a...
    2,076 Words | 6 Pages
  • Business Law and Economics Case Briefs
    Butterfield v. Forrester Factual Situation: 1809, Butterfield, plaintiff was riding and struck an a pole placed in the road by Forrester, defendant, at approximately 8 PM; sued for damages Witness testified that pole was visible at 100 yards with light at that time, and that Butterfield was riding recklessly Trial court: jury instructed that if an individual riding with reasonable care could have avoided the pole and that Butterfield was not riding with care, Forester should win Trial...
    2,268 Words | 8 Pages
  • What Does Tangible Personal Property Mean?
    LqPart I. Yanin Padron Hernandez Midterm Unit 5 What Does Tangible Personal Property Mean? Tangible Personal Property Tangible personal means all the prpoerty that inside the building. It also includes Tangible personal property is the opposite of real property is what you can’t move. Possessory interest is when a person is to occupy and/or exercise control over a particular plot of land. A possessory interest is “distinguished from an interest in the title to property, which may...
    703 Words | 3 Pages
  • Discussion Board 3 Week 5 Property 1212
     Business 561 October 19, 2013 From the beginning of time, in the Garden of Eden, God created rules to help his people live, flourish, and succeed. At first it was a single rule, “ And the Lord God commanded the man, “You are free to eat from any tree in the garden; but you must not eat from the tree of the knowledge of good and evil, for when you eat from it you will certainly die.” Genesis 2:16-17 (The Bible) Man could not seem to follow even one simple rule, so slowly but surely, more...
    1,277 Words | 4 Pages
  • Law Make Decisions Within Legal Context
    LAW ASSESSMENT 2 PART A: Question 1: 1. Kenny and Duke must register this business name. According to the Business Names Act, 2002, the legislation states that it is compulsory to register a business name where a person, including a company, wishes to use a name other than their own. 2. To register a business name, the owner or owners must submit an application form and pay the prescribed fees to the appropriate government agency. In New South Wales, it is called the Office of Fair...
    2,640 Words | 8 Pages
  • Mid Term Exam Real Estate Law
    Real MID TERM EXAM Grading Summary | These are the automatically computed results of your exam. Grades for essay questions, and comments from your instructor, are in the "Details" section below. | Date and Time Started: | 2/7/2012 8:31:12 PM | Time Spent: | 1 h , 17 min , 17 secs | Points Received: | 130 / 175 (74.3%) | | Question Type: | # Of Questions: | # Correct: | True/False | 9 | 7 | Multiple Choice | 26 | 19 | | | Grade Details | 1. | Question : |...
    1,390 Words | 13 Pages
  • January 2009 Law Ocr A2 Scenario Question
    In the scenario the following property offences have arisen, these include theft and burglary. These offences come from the Theft Act 1968. In both of the offences the burden of proof is on the prosecution and the standard of proof is beyond reasonable doubt. Theft carries a maximum sentence of seven years and for burglary it is a maximum of fourteen years. Susan may have committed three offences of theft and possible a burglary. Theft is defined in section 1 of the Theft Act 1968, and the...
    1,752 Words | 4 Pages
  • Conflict of Laws - Analysis of the Case of Re Midleton Settlement
    MATRIC NO: 060601109 COURSE TITLE: CONFLICT OF LAWS COURSE CODE: JIL 421 LECTURER: MRS. AJIBADE GROUP: 2 TOPIC: CHOICE OF LAW RULES RELATING TO PROPERTY IN CONFLICT OF LAWS WITH AN EMPHASIS ON THE CASE OF RE MIDLETON’S SETTLEMENT INTRODUCTION Conflict of laws involves situations when there is a foreign element in a case. There are three main questions which arise for determination in conflict of laws: choice of jurisdiction, choice of law, and...
    1,892 Words | 7 Pages
  • Chapter III Interference With Moveable Property Trespass To Goods Detinue Conversion
    Law of Torts, MV Accident and Consumer Protection Laws II Interference with Goods TORTS RELATING TO MOVABLE PROPERTY o Torts affecting movable property are: §  Trespass to goods, §  Trespass ab initio, §  Detention or detinue, §  Conversion or trover. Copyright: Dr C J Rawandale, Associate Professor, SLS NOIDA 2013-14 2 a. TRESPASS TO GOODS o  Technically, trespass to goods is known as “trespass de bonis asportatis”. o  It means an unlawful disturbance of the possession of the goods...
    4,361 Words | 22 Pages
  • MAPPING WOMEN’S GAIN IN INHERITANCE AND PROPERTY RIGHTS UNDER THE HINDU SUCCESSION ACT
     MAPPING WOMEN’S GAIN IN INHERITANCE AND PROPERTY RIGHTS UNDER THE HINDU SUCCESSION ACT...
    3,450 Words | 10 Pages
  • Compulsory Licensing in the Light of John Locke’s Concept of Property and Utilitarian Concept of Bentham
    Compulsory Licensing in the light of John Locke’s Concept of Property and Utilitarian Concept of Bentham Introduction:- Is it fair to grant compulsory licensing to any person of any persons’ intellectual property for which he is demanding higher price? Intellectual Property is “jura in re propria”. It is a valuable intangible property which vests on the owner in the form of artistic, literary, dramatic, musical, cinematographic works and sound recording. It also exists in any new creation...
    2,533 Words | 6 Pages
  • Case Analysis in purview of Sec. 3 of Transfer of Property Act
    Search in selected Domain MANU/BH/0002/1987Equivalent Citation: AIR1987Pat5 IN THE HIGH COURT OF PATNA A.F.O.D. No. 953 of 1977 Decided On: 25.09.1985 Appellants: Md. MustafaVs.Respondent: Haji Md. Isa and Ors. Hon'ble Judges: Ramnandan Prasad, J. Counsels: For Appellant/Petitioner/Plaintiff: Krishna Prakash Sinha, Adv. For Respondents/Defendant: S.K. Majumdar, Radha Pd. Singh, Pashupati Pd. Sinha and Ambika Pd. Sinha, Advs. Subject: Property Subject: Civil Catch...
    6,366 Words | 15 Pages
  • Joint Tenancy - 548 Words
    Joint Tenancy Joint tenancy is a form of ownership of the same property by two or more people together. It is different than other forms of co-ownership. With joint tenancy, the last surviving tenant immediately becomes the owner of the whole property upon death of the other joint tenant. Another way of putting this would be called a "right to survivorship." The joint tenants share equal ownership of the property and have equal, undivided right to keep or dispose of the property. The...
    548 Words | 2 Pages
  • Estate Planning Case Summary
    FIN 4385-01 Case II: Executive Summary For the past several weeks, BJSMC conducted a comprehensive estate plan providing a structural outline of our client’s, Scott, estate opportunities and limitations subject to specific request. Our client provided us with the following scenarios: 1). If Scott dies this year, predeceasing Sue, and his executor elected his date of death as the valuation date, indicate those assets (and their values) that would be includible in Scott’s gross...
    780 Words | 3 Pages
  • alienation - 5976 Words
    INTRODUCTION A Hindu joint family consists of all persons lineally descended from a common ancestor and includes their wives and unmarried daughters. But a Hindu coparcenary is a much narrower body than the joint family. It includes only those persons who acquire by birth an interest in the joint or coparcenery property. These are the sons, grandsons and the great grandsons of the holder of joint property for time being, in other words the holder in unbroken male descent. The essence of...
    5,976 Words | 16 Pages
  • Estate Planning - 2251 Words
    EXTRA CREDIT 1) List the basic documents used in estate planning. --Wills -Side instruction letters -Durable powers of attorney for property -Durable powers of attorney for health care -Living wills or advanced medical directives -Do Not Resuscitate orders -Codicils 2) What problems arise for someone who dies intestate? “Dying intestate” means dying without a valid will. When somebody dies...
    2,251 Words | 8 Pages
  • Trust and Co-Ownership - 3438 Words
    INTRODUCTION It is predominantly established fact that there has been a noteworthy boost in the figure of heterosexual or homosexual partners cohabiting outside marriage in the past three decades in the United Kingdom. Cohabitation has become the standard for a considerable fraction of the people in England and Wales and the increase in cohabitation is a phenomenon not restricted by the law makers. This trend recommends that cohabitation presupposes a better connotation in people’s...
    3,438 Words | 9 Pages
  • Hammurabi's Code - 590 Words
    Maya Church Mr. Harris 4B 8-16-13 Hammurabi’s Code: Was it Just? In the early 18th century, a guy by the name of Hammurabi made up Hammurabi’s Code. Hammurabi’s Code includes laws, punishments, and rewards. These laws cover subjects such as family life, agriculture, theft and professional standards (doc A). Is Hammurabi’s Code really just? In my opinion there is not an exact answer to this question simply because there are some laws that I think are pretty fair and some I highly...
    590 Words | 2 Pages
  • Hunter V Moss Criticisms
    Certainty of subject matter and the critcisms of hunter v moss When creating an express trust knight and knight articulated that there must be certainty of subject matter, certainty of intention and certainty of objects. Certainty of subject matter is where there must be an identification of the trust property and certainty as to whom is which part of the trust property to be held. In relation to uncertainty of beneficial interests, the trust will fail where the method of distribution is...
    1,427 Words | 4 Pages
  • An Introduction to Co-Ownership and Trusts of Land
    Introduction to Co-ownership and Trusts of Land Remember this for the exam to work through a problem question: The first question is whether there is a legal ownership or an equitable one? For legal ownership the answer is always joint tenancy because under s34-36&s1 LPA. Tenancy in common in the act is related to by under divided shared. The reason they decided that legal title should be in joint tenancy in 1925 was to make conveyancing proper. In joint ownership each legal owner owns the...
    14,139 Words | 43 Pages
  • Overreaching 1 - 1983 Words
    Overreaching is a concept in English land law from Law of Property Act 1925 which represents a scenario where an individual's even-handed property right is liquefied, and separated from a piece of property, and reattached to cash that is given by a third party for the exact property. As per City of London Building Society v Flegg this happens in any case where two or more title holders in agreement, purchase or mortgage a property. Overreaching is a procedure which seeks to achieve efficiency...
    1,983 Words | 6 Pages
  • Oil and gas outline - 5984 Words
    INTERESTS Fee interest – ownership of both the surface and mineral rights in fee simple absolute. Surface interest – rights of land ownership that remain after mineral interest is severed. Subject to an implied easement of surface use by the mineral interest owner. Surface interest has rights to many substances (ground water) and to many uses (geologic formations for storage of natural gas) Mineral interest – fee simple ownership of OG under tract; separate estate Exclusive...
    5,984 Words | 30 Pages
  • Sarfeasi - 1407 Words
    THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ENFORCEMENT OF SECURITY INTEREST ACT 2002 Definition Borrower any person who has been granted financial assistance by bank or who has given guarantee or created mortgage or pledge as security to the bank in respect of any loan, who becomes borrower of a securitisation company or the reconstruction company consequent to acquisition by it. Property (i) Immovable property (ii) movable property (iii) any debit or right to receive payments...
    1,407 Words | 6 Pages
  • Transfers in Contemplation of Death - 884 Words
    Transfers in Contemplation of Death, Art. 728-731 ALEJANDRO V. GERALDEZ, 78 SCRA 245 (1977) FACTS: Petition for Review on Certiorari of the decisions of the CFI of Bulacan This is a case about donations inter vivos and mortis causa. The bone of contention is Lot No. 2502 of the Lolomboy Friar Lands Estate with an area of 5, 678 sq. meters, situated in Sta. Maria Bulacan. Sps. Gavino Diaz and Severa Mendoza executed a Deed of Donation in favor of their children, Olimpia, Angel, Andrea Diaz,...
    884 Words | 3 Pages
  • family gift - 2982 Words
    VALIDITY OF GIFT UNDER MUSLIM LAW Submitted To:- Archana Mishra CONTENTS 1) Introduction 2) Different modes of gifts under Muslim law 3) Validity of gift of undivided property 4) Gift of Musa and its subsequent validity 5) Restraints against Musa 6) Conditions where restraints of Musa cannot be applied 7) Is the doctrine of Musha unadopted to the progressive society 8) Conclusion Introduction:- Gift is a relinquishment without...
    2,982 Words | 8 Pages
  • Probate Code - 651 Words
    26. There is significance in property being classified as probate or nonprobate property in terms of the need for probate, creditors’ claims and payment of federal estate and state estate and inheritance taxes is that. If property is classified as probate then that means that it is the decedent’s property that is subject to estate administration by the personal representative. It also means that the probate property is subject to creditors’ claims and federal and state death taxes....
    651 Words | 2 Pages
  • Nemo Dat - 1336 Words
    The nemo dat rule literally meaning "no one [can] give what one does not have" is a legal rule in property law that states where goods are sold by a person who is not the owner thereof and who does not sell them under the authority or with the approval of the owner, the purchaser requires no better title to the goods than the seller had. This law states that if a bona fide purchaser who unknowingly purchases and subsequently sells stolen goods will, at common law, be held liable in trover for...
    1,336 Words | 4 Pages
  • Answers to Multiple Choice, assignment 3
    1. Twenty-two yurs ago, James and Kevin began dating, and 19 years ago, they began living together. Last year, James i.o.herited over $9,000,000 from his grandfather. He wants to enSIlIe that if he dies first, Kevin will be taken c:are offor the rest of his life. Despite your insistence, James does not have a will, and you have advised h1m previously that state intestacy la_ do not protect same-sex partners. Which of the following _et ownership options would fulfill James' goal of...
    3,072 Words | 15 Pages

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