Property and Correct Answer Essay

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

My interest for the Attorney Advisor position with the United States Patent & Trademark Office (USPTO) arises from my longstanding commitment to constantly improve myself. I have always enjoyed legal research, writing, and the complexities of intellectual property. I have no doubt that my enthusiasm to research, my eagerness to learn, and my strong ability to communicate clearly, work efficiently, accurately, and quickly, will make me an invaluable asset to the USPTO. I believe these traits combined with my unique skillset, developed as a result of experiences working for the Arizona Diamondbacks of Major League Baseball (Diamondbacks), Nike Inc. (Nike), and the Arizona Attorney General’s Office, Liability Management Department (AG Office)

The key point of contention in this scenario is the quitclaim deed with which Julio Gazpacho attempted to convey ownership of the easement to his neighbors, Ruben and Regina Gomez, because contrary to popular public belief, quitclaim deeds have at best a tenuous legal status within the state of Texas. In this case, rather than utilize a proper warranty deed to legally transfer title of ownership to the easement, Mr. Gazpacho elected to use a quitclaim deed that Texan legal precedent has universally deemed to be invalid. According to the landmark decision made in Diversified, Inc. v. Hall, "a quitclaim deed conveys any title, interest, or claim of the grantor in the real property, but it does not profess that the title is valid nor does it contain any warranty or covenants of title. Thus, a quitclaim deed does not establish title in the person holding the deed, but merely passes whatever interest the grantor has in the property" Diversified, Inc. v. Hall, 23 S.W.3d 403 (Tex. App.- Houston [1st Dist.] 2000, pet. denied). The fact that the only claim to title on the easement held by Ruben and Regina Gomez is made through the fundamentally flawed legal device of the quitclaim deed is crucial to properly deciding this case.

Mandatory inclusionary zoning violates the 5th and 14th Amendments. Lack of affordable housing across the country is an issue that has gained national attention, and some areas in the country have resorted to zoning strategies to address the problem. For example, builders in Seattle who take advantage of the Incentive Zoning program will receive additional floor area in exchange for including affordable housing units in their developments (Director’s Rule, 2015). In contrast, mandatory inclusionary zoning is the unconstitutional practice of requiring private developers to include a specified percentage of affordable housing in their projects (Lerman, 2006). Mandatory inclusionary zoning violates the Takings Clause of the 5th Amendment. It also violates the life, liberty and property interest protections of Due Process as well as the equal protection provisions under the 14th Amendment.

Ernest’s claim is void, as he did not occupy the property continually. This is evidenced by the recognition of both Barney and Ernest of each other from the town where Barney worked.

The argument defending the ordinance says that since Ambler stills holds the title to the land that this does not constitute as a taking of their land even though their land value may depreciate or have restrictions placed on it since their land is still under their

What this entails is that the actual sole physical occupation of the land with the intent to keep it solely for the person occupying the property must be establish. Lisa demonstrated this by construction a fence between her house and Danny’s. In fact, by doing this, she establish sole possession of the property in question. Once more, by fencing in the property, and the fact that Danny knew what she was doing because he lived next door and did not contest, showed Lisa was being open, visible, and notorious with her actions. She also was continuous and peaceable with her actions because during the fifteen years of usage, there were no issues with Danny, and he never complained that her actions were wrong. Only after fifteen years and a survey, did the ownership questions come up. Lastly, Lisa believed that the property was hers and never asked or obtained permission before erecting the fence. Since all the elements coexist, Lisa has a legal right to claim adverse possession to the property. Furthermore, the state has a statutory period for adverse possession of ten years. What this means is that Lisa must have occupied the property for the full statutory period, and this action must have coexisted with the other elements of adverse possession before the statute of limitations runs out. It was not until fifteen years later, and only after the survey, Lisa found out

According to Jack Poe, master of science real estate appraisal and state certified real state appraiser in Texas, “According to Babcock’s classic study, the primary effect of Houston’s lack of zoning has been…high income neighborhoods have been preserved by the employment of private covenants and low income neighborhoods have sought in-home commercial development (like a small repair shop) as a way to add value to otherwise low value homes. (Babcock 1966, P. 28).” What all this means to the modern developer in Houston is that they have more freedom to develop what they perceive is needed. The remedy to Houston’s continuing discourse over zoning is a democratic zoning process that is not completely laissez-fair in its approach, as currently exists with the no zoning policy, but remains participatory in order to safeguard the “neighborhood commons” whilst still maintaining this membership and stewardship of the land. The no zoning land policy, as it currently stands in Houston, in part meets Aldo Leopold’s criteria for the land ethic because the citizens are members of the land and it is treated as a shared land-community rather than a commodity controlled by government official(s) or political elites. However, to meet the criteria for the land ethic in whole, it must incorporate a flexible zoning policy that would seek to protect the “neighborhood common” (citizens interests and resources) while still respecting the land-community, which Olmsted values so

From the very beginning, it is extraordinarily easy to step into the mind of the main character and narrator Manon Guadet and how the world she lives in becomes an eerie reality. Deeper throughout the novel, there are many themes presented through Manon’s eyes. Through the use of many paradoxes, the themes of racism, gender oppression and marriage in Property, by Valerie Martin is ultimately connected with the institution of slavery in America. The aristocratic life of the early 19th century is defined in the use of these themes through the pictures they create. Not only do the themes cause the novel to

In order to satisfy the possession requirement of the landlord-tenant relationship, the transferred interest in the leased property must be one that the owner is legally capable of possessing now or in the future. A nonpossessory interest in land that is incapable of ever becoming possessory, such as an easement, cannot be the subject matter of a landlord-tenant relationship, although it may be the subject matter of an arrangement that is similar in certain respects, such as its duration.

Each of these zoning designations has its own pros and cons. A brew pub or skate park might want to move into a particular part of town, but historical or aesthetic regulations might

These are two different concepts. Traditionally bundle of rights include (i) control use of the property, (ii) benefit from the property e.g rent, (iii) transfer or sell the property and (iv) exclude others from the property. The legal system has evolved to cover the transactions and disputes which arise over the possession, use, transfer and disposal of property, most particularly involving contracts. Property law has developed rapidly over many years. It started with the hunter-gatherers who had a subsistence economy.

In the introduction, the author starts to talk about easements and how they are a parcel of land or potion of the parent parcel that is used for a specific purpose. This is not a permit possession of a person’s property. It also talks about a reversion which is a right that a landowner might have to a vacated easement.

A title search will reveal many things about a piece of real estate. It is important that the company or individual that you use does a complete and thorough evaluation of the property in question. Ownership The title search will reflect who has a vested interest in the property. This is most likely the same entity as that shown on the property appraiser 's records, however that is not always the case. This is why it is imperative that you find a knowledgeable individual who will research the public records and find all parties who have an interest. When previous owners or lien holders either conveyed their interest(s) out improperly, or simply neglected to get everyone 's interests accounted for when they transferred the property, this creates problems with the title. Sometimes, these interests may be reflected in individuals who had owned the property several transactions before you purchased it. Another problem can be created when people die. After an individual is deceased, their will is filed of record in the state and county (for those in the U.S.) where they lived (are domiciled). This can present a problem to a searcher who is researching property in another county or state. If they are fortunate, the attorney who prepared the will knows of all the property owned by their client and will file papers accordingly to notify all interested persons. This will alert an examiner to research the ownership further. Encumbrances There are many kinds of encumbrances or

The ideology behind what private property represents and conveys through the theories of both Locke and Marx's results in contrasting views. Locke heavily stresses the blending of labor and common land to create private property to increase one’s wealth. Liberty and livelihood under Locke’s theory is tied to the ability of an individual to control the use of their private property. Marx’s theory strongly contends that the bourgeoisie has gained control of the profit making private properties leaving the working class in a stage of exploitation. Marx’s conclusion then is to set private property in the hands of the people in hopes of creating universal economic equality. Respectively each thesis places governments, labour and religion