The Legal Process Of Enclosure Essay

Should the United States government be allowed to seize property from you without any explanation or compensation? That is a question many people in the U.S. are asking themselves today. Eminent domain should not be allowed in the United States for several reasons. People own buildings that they do not want destroyed because they are family dwellings or places of business. People have money invested in the buildings and the property they sit on and do not feel it is right to lose it to the government. There are also the property owners who want to protect their property because it has been handed down in their family for many generations.

Year by year the farmers who lived on soil, whose returns were diminished by unrotated crops were offered the virgin soil of the frontier at nominal prices. Their growing families demanded more lands, and these were dear. The competition of the unexhausted, cheap, and easily tilled prairie lands compelled the farmer either to go west and continue the exhaustion of the soil on a new frontier, or to adopt intensive culture.

The enclosure movement was where those who practiced crop rotation also wanted a enclosed, fenced-in field in order to farm efficiently. It promoted economic growth because the Dutch could specialize and sell to a huge population to earn a great amount of money. It also caused severe hardship because in England, the amount of independent peasant farmers declined and it reduced access of poor people to land. Small peasant farmers became landless

Its population increased by 48% within few years. The expansion of cities resulted in destroying unbuilt and farm lands to further the constructions. Landowners with land interfering with “planned residential communities” were forced to give up their lands and see them destroyed. As the author states, families such as Warnes were forced to see their family lands bought and built. Even though such intact lands are rare in the area and beneficial to the population as somewhere to connect with nature, entrepreneurs prefer the economical profit. The suburbs expand and with every new family moving in the area, more cars are purchased adding to the gridlock.

Between 1760 and 1880 there was a huge growth in the size of cities and a population shift as people started to move into the more industrialised areas in search of work. This was because of the transformation of agriculture. Landowners had now decided to ‘enclose’ their lands so as they realised they could make a profit from selling food as the population of Britain was increasing. Enclosure improved the ways of farming

Throughout the eighteenth century, British landlords transitioned from the open field system to enclosures because many agricultural innovations were incompatible with the former and so that they could farm more effectively. Enclosures put more land under cultivation and thus, more food was produced. Furthermore, as Document 6 shows, enclosures were easier to cultivate and improve than the open-field system because they required less labor to do so. Less labor was required because, unlike with the open-field system, products on enclosures did not grow past their restricted land and animals could not roam into different enclosures. Throughout Document 6, Thomas Brown, the author, declares that those who neglect enclosures have done so on a superficial basis because he believes that enclosures, in fact, ignite the development of agriculture and increase the availability of jobs.

In Great Britain, the discovery of new land system such as the Four Field Systems leads to an Agricultural Revolution. Once people figured out how to make their land last longer an enclosure movement occurred. Shifting land ownership from everyone being able to have access to land to only certain people having ownership of land. The events that occurred in each of these countries impacted their

24.enclosure- In the English countryside landlords "enclosed" croplands for sheep grazing, forcing small farmers into precarious tenancy or off

Between 1860 and 1880 several land reform laws were introduced, intended to halt the monopoly of the squatters by creating a new rural class from the diggers - now experiencing diminishing returns on the goldfields. These laws made available small freeholds of pastoral land for 'selection' by any man or (single) woman over the age of eighteen.... 15

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.

Sharecropping - landowners allow farmers to use and farm their land in return for part of the money that they sell for their crops

Around when the Industrial Revolution began, agriculture began to take a turn in it’s way of harvesting crops. New techniques of growing and tending crops spread across Europe in the 1700s. “The improved yield of the agricultural sector can be attributed to the enclosure movement and to improved techniques and practices developed during this

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.

The government's move to acquire fertile agriculture lands for industry has agitated the farmers who are dependent on the lands for livelihood. Ever since the notification regarding the acquisition was published by the state revenue department on December 4 2008, the farmers to be affected have been holding meetings in Haripura, Charal, Bol and Siyawada villages and have decided to launch an agitation against the acquisition of their lands. However Government declared that it was not taking for free and the price of the land at Rs 1,200 per square

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.