Physical Dimensions And Land Title Act

Freedom in America and property went hand and hand; without the ownership of property, indivduals were not granted the privilege of living freely. The security of property was recognized as a foundation of freedom in early America. This was so because without property one was viewed poorly, “those who did not control their own lives ought to not have a voice in governing the state. Political freedom required economic independence”. Therefore, freedom was not awarded to those without control of land and subsequently, control over their own lives. Furthermore, the connection between personal liberty and private property ownership paralleled that of the relationship between land control and complete freedom. Personal freedom is defined as, “the ability to make crucial individual choices free from outside coercion”. But without land, people were already viewed as incompetent for individuality, so it would be impossible for one to achieve personal freedom. This does in fact make owning land a prerequisite for personal freedom. In conclusion, there is a direct relationship between land ownership and

In fact, the U.S. civil and property rights have a legal hierarchical organization, where the property rights stay in between the constitutional power and individual civil rights. In the 5th Amendment, the aspect of private property is mentioned as “nor shall private property be taken for public use without just compensation”(1273). This is the clearest example of private property protection in the United States and its initial value. Besides, the Declaration of Independence relates the property rights to the issues of equality and the

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Property: The right to claim and hold property; When it has been laboured for, one encloses it for greater individual profit the profit of the community of Man, it has been laboured for – Natural means of ownership one encloses it – The process of holding legal “deed” for greater individual profit – to build investment equity and avoid poverty of waste the profit of the community of Man – Moral commitment to Human Development (Locke: 1689).

With due consideration of the facts present we can identify that the key legal issue is accession. This gives us the notion that one [thing] which is united with another [thing] becomes an integral part component of that other [thing]. It presupposes that one object can be regarded as the main object . Under the roman derived maxim ‘Accessorium principali sequitur’ . The allocation of ownership of the sandstone structure, (herein referred to as folly) can be established in cases

The taking of land refers “to government seizure, regulation, or intrusion on private property for which the owner is entitled to compensations under the Fifth Amendment to the U.S. Constitution” (Halbert, Terry, Inguilli, & Elaine, 2012). There is also regulatory takings, which is the “newly enforceable restrictions on the use of ones property, such as a newly adopted restrictions on building in certain areas of wetlands.” (Halbert, Terry, Inguilli, & Elaine, 2012). All over the world governments take private land from its owners to benefit the public. In the United States it is called emanated domain, and has been a controversial issue till this day. By evaluating the case of Lucas V South Carolina Coastal Council of 1992 and evaluating the two types of regulatory action that automatically trigger compensation as takings; the dissent object to the takings approach laid out by the majority in this case; cities ability to take private property and transfer it to private developers for the sake of economic revitalization; the ethical issues surrounding the principle of using eminent domain to take away the property ownership rights of individuals; and the feeling I would have if the government was to take my land.

property, without due process of law; nor deny to any person within its jurisdiction the

In the Second Treatise of Government by John Locke, he writes about the right to private property. In the chapter which is titled “Of Property” he tells how the right to private property originated, the role it plays in the state of nature, the limitations that are set on the rights of private property, the role the invention of money played in property rights and the role property rights play after the establishment of government.. In this chapter Locke makes significant points about private property. In this paper I will summarize his analysis of the right to private property, and I will give my opinion on some of the points Locke makes in his book. According to Locke, the right to private property originated when God gave the world to

The city of New London was in an economic depression and came up with a plan to buy properties and make it commercial, residential and a recreational element to it. They city was able to buy most of the properties but some landowners refused to sell their property. So the city used element of domain power to take the property. Kelo one of the landowners decided to sue. Their main argument was that the cities plan didn’t involve public use, which is what element of domain is used for. The Supreme Court ruled that the cities plan had public benefit so they upheld the cities decision to use element of domain and took the property.

For the Native Americans’, claiming the land had a different meaning. They felt a more spiritual connection to the land. They believed in a concept called “personhood”. This was an idea that gave inanimate objects a sense of a personality. “Because objects has a personhood, they also had the right to own themselves” (Albers). For this reason, the

According to the textbook, it states, “Our legal system creates a peaceful means to acquire, retain, and divest of property, and to settle property disputes” (Lau, 2012, p. 242). The textbook also states, “Without laws to protect ownership, the stability of our society would be seriously undermined” (Lau, 2012, p. 241). The issue in this case is who has the burden of proof regarding the averse possession of the property, so if I was the judge I would rule for the Kirlins. McLean and Steven are not the owners of the real property but has claimed the real property for their own (Lau, 2012, p. 255). The article states that the Kirlins brought the land in 1984 for $55,000; in fact, they never seen McLean and Stevens ever using the property when they went for walks (Denver). I feel the Kirlins should prevail in this event of litigation.

Being one of the most extensive law reforms of the Law Commission, Land Registration Act 2002 aims to create a flawless legal framework for land registration, especially in terms of conveyancing with emphasis on overriding interests and adverse possession. It is agreed that the Land Registration Act 2002 (hereafter LRA 2002), by putting emphasis on strict registration, moved the idea of land ownership from ownership by possession to bureaucratization of title via registration. Therefore, LRA 2002 is said to bring further strictness and clarity to land ownership and subsequent conveyancing. In conjunction, LRA 2002 was expected to bring an “e-conveyancing revolution” to land registration which was awaited to be a major success. Although steps are taken towards this development, it is claimed that there is still long way to go before a complete and problem-free e-conveyancing system. Apart from matters relating to conveyancing, LRA 2002 consists of sections regarding overriding interests where their number and scope are widely reduced with specifications of registration introduced. Moreover, the Act includes strictly drafted provisions about adverse possession, aiming to bring further restrictions to this matter by bringing further difficulties to the acquisition of title and therefore shifting from a squatter prone approach to a registered owner supporting view.

On the contrary, in Bruton court’s understanding of “exclusive possession” was a relative concept. Exclusive possession granted to Mr. Bruton was found based on the fact that he was not required to “share possession with the trust, the Council or anyone else”[13] and “the trust did not retain such control”[14]. Whether the grantor possesses title or not was held to be irrelevant. Nevertheless, since LQHT in fact could not exclude the true owner (i.e. the Council) from taking possession, the exclusive possession enjoyed by the “tenant” would be “only as against the grantor and not the rest of the world”[15] and practically dependent on the contractual relationship. This has received support from later cases applying Bruton. In Islington LBC v Green[16]with similar facts to Bruton, the tenant raised an argument that the

All the three philosophers, whose work I am going to scrutinize on, have very specific, yet in most cases common views on property. First of all, let me define what the term property means. Property, as I see it, is an object of legal rights that is possessed by an individual or a group of individuals who are directly responsible for this it.

The Land Registration Act (LRA) 1925 has drawn much flak over the years with regards to one of its most important provisions on overriding interests (OI), which often goes unnoticed until it swoops up and takes priority over the rights of a future purchaser. These interests often come in the form of other occupiers in the property with an equitable interest and, like in the case of Boland , this leaves the lender in a tight spot when they find out about the existence of these interests only after they have initiate proceedings for possession against the defaulting borrowers. Due to the other occupier’s concealed nature on the property register, the lenders have regained their footing by applying the concept of overreaching and ….. The Law Commission, on the other hand, contemplated abolishing these interest altogether but did not go to that extent because it was neither feasible nor desirable Instead, they shrank their impact on land by reforming the operation and scope of the OI. With LRA 2002 sch 3 para 2, lenders now have more control over what may bite them. …. This essay will access…. with a focus on how the lending world have dealt with the implications of Boland…. The best way to access the impact of … would be to go through the pre – post blabla to show how the thing has balanced.