Property Law Servitudes

Although the feudal system presented a mutually beneficial relationship at first, over time many burdens were placed on the vassals. A serf was bound to the land, thus resulting in a fixed income. Since he was unable to move to another lord, he was reliant on only what was originally agreed upon to provide monetary support. [Support was generally in kind, or in labor.] With no “right” to adjust the support needed for survival, the serf and his family experiences tremendous hardships.

The decline of indentured servitude and the rise of chattel slavery were caused by economic factors of the English settlers in the late 17th century. Colonists continually tried to allure laborers to the colony. The head right system was to give the indentured servant a method of becoming independent after a number of years of service. Colonists chiefly relied on Indentured Servitude, in order to facilitate their need for labor. The decreasing population combined with a need for a labor force, led colonists to believe that African slaves were the most efficient way to acquire a labor force that would satisfy their needs.

Subject to all restrictions, reservations and exceptions as set forth in deeds forming the chain of title.

Under the case of Hare v van Brugge [2013] NSWCA 74, the court had ruled that the dominant party (Van Brugge ) had the right under the clause “to go, pass and repass at all times and for all purposes with or without animals or vehicles or both to and from the said dominant tenement or any such part thereof” without the rights being dictated by the servant party. Under this context it can be said that you have the right according to your easement too allow any person that is allowed to enter your property too “go, pass and repass at all times and for all purposes with or without animals or vehicles or both to and from the said dominant tenement”. This means the use the inclinator is for the use of the dominant party until a breach of this easement

After slavery came to an end in the 1800s, the rise of a new source of labor that became known as indentured servitude began. Indentured servitude is a system of labor where people serve under a contract, to work for a certain number of years, with pay along with food and housing. As the Industrial Revolution continued to grow, the demand for cheap labor increased, and due to the abolishment of slavery, the request for a cheaper sources of labor also increased. Indentured servitude replaced slavery, behind the scenes it was technically slavery. Although it was not referred to as slavery, indentured service was a resolution to the abolishment of slavery, where employers could get workers to sign a contract and have them agree to all their conditions. Is the end of slavery caused laborers to engage in various extreme conditions, the

William Gunnell, Jr. travelled with his parents from their home in Great Britain to Virginia sometime before his tenth birthday in 1715. In Virginia, they became indentured servants for a man named Richard Lee. Following his master’s death, William’s indenture was inherited by Richard’s son. William worked for the Lee family for six years as a clerk, running errands and keeping the books. At the age of sixteen, William’s contract ended, and he became a free man (“Indentured Servants,” n.d., para. 4). This is one of the better examples of indentured servitude in the colonies, since most servants did not live to see the end of their contracts. In the colonies, indentured servitude acted as a kind of contract-based slavery in which free people were turned into property for a term of four to seven years, on average. Their owners paid for their food, clothing, and shelter on arrival in the colonies until the servants had completed their contract, upon which they were paid “freedom dues” which could be anything from tools, land, or even guns (“Indentured Servants,” n.d., para. 1).

13. The indentured servitude was a labor system in which young people paid for their passage to the New World by working for an employer for a certain number of years.

This weeks reading covers in detail the victims themselves of transportation. American authorities sent many Quakers suspected of Loyalism to the British to Virginia frontier. While British authorityies sent the banished to Charleston they also sent rebel leaders to St. Augustine. In both cases, the victims and others produced abundant documentation protesting the legality of these moves, but it happened anyway. The forced removal of tens of thousands of people that American authorities viewed as treasonous, including the massive confiscation of their property, seems to fit in with many of the trends discussed in this book.

Word of the New World had spread to Europe and many people, mostly English immigrated there in the search of land to settle, and riches to make. As the first English immigrants settled in Chesapeake Bay, John Rolfe perfected the planting of tobacco and established the tobacco industry in Virginia, saving it from collapse. The demand for tobacco was very high throughout the seventeenth century that colonists planted tobacco before food crops. As the tobacco rush increased in the southern colonies, especially in Virginia and Maryland, colonists needed a larger workforce. England had an abundance of poor whites willing to work as indentured servants in the colonies. However, various tension endorsing factors led to the shift from indentured servitude

Prior to to the 1600’s, American colonies were heavily dependent on the use of indentured servants, these indentured servants were people who came to the New World with the colonists and in return they signed a contract to work a certain number of years. After they had completed their contract they were allowed to leave and start their own life in the New World. Indentured servitude has started to decrease because the slaves that had come from Africa to the New World were already used to working conditions in the New World. Indentured Servants were all native to the Americas. The slaves on the other hand were immune to many of the diseases in the New World, this made them better fit to be the primary labor force used in the New World.

Setting sail across the Atlantic led to a truly remarkable and unexpected discovery. As the first known Europeans laid eyes and set foot on foreign land, thus marked the clash between worlds. With the discovery of unknown and unclaimed land, the Americas were approached as a marvelous economic opportunity to many European countries. Indeed, many had noted the several economic advantages with occupying land in the Americas and established a system of labor. In other words, the theme that best describes 17th century America is the presence of labor, particularly European, Indian, and African labor.

A Chattel is described as property, such as a home, a boat or even a cow. But during the 1600 ‘s and 1700’sAfrican slaves in the United States were referred to as chattel or property, not even humans or a man or women. The United States has seen many different things in its time not all bad and not all good. During this time the United States was just being explored and filled with immigrants from Spain and Great Britain. The United States was just being fully discovered and in a way not even the tip of the ice berg.

From The Road to Serfdom, how and why does F.A. Hayek denounce all forms of planning or collectivism? What is so superior to laissez faire or capitalism and why?

The purpose of the paper research is to identify the world of property law that remains confusing to quite a number of people regarding personal and real property. Due to this confusion, a number of disputes arise when parties fail to reach an agreement especially when the seller includes the item in question as part of the sale of the realty and the buyer has a different view. This research will identify five examples of fixtures and real property in my house that will be enlightening especially pertaining the two gray areas. The research will also look at the determination made by commercial law pertaining to the evaluation of real property and fixtures and the exceptions when applying such tests. In the research, it will highlight the question of figuring out what fixtures are and the significant importance or raise this question with regards to the increase in the number of disputes associated with property law in case the value of the personal property exceeds the real property value. Finally, the research will identify different scenarios that may give rise to disputes regarding personal property and fixtures and how these fixtures are identified using different tests conducted by the property law courts in order to come to a consensus.

In Milroy v Lord , Turner LJ’s rule is that “Equity will not assist a volunteer to perfect an imperfect gift” and have laid down three ‘modes’ of making a gift: outright transfer, transfer on trust and self-declaration of trust. Imperfect gift only arose in first two scenarios when the formalities governing transfer of property are not satisfied, and the property eventually does not vest in the trustee/ donee. No constitution is required in case of self-declaration of trust as the right is already in the intended trustee. Trust in the last scenario will be perfectly constituted once the declaration is made as the right is already in the intended trustee.