As it has been a substantial part of the Land Registration Act 2002, I would like to look into the process of electronic conveyancing and how it supports my argument that the logic of English land law had been changed through the Act to a more rational, market efficient way. The Land Register was empowered to set up a “Land Registry Network”, this network could “go beyond the legal aspect of the transaction and could cover the whole transaction from the point when a property is put on sale”. The formalities of electronic dispositions were also introduced in the Act. The electronic document now had to “stipulate its effective time and date, as well as to include electronic signatures of all the parties by whom it purports to be authenticated plus every electronic signature has to be certified.” If an electric document “complied with these formalities, it was to be regarded by law as a written deed, signed by each individual and sealed by each corporation”. Another important concept development was network access agreement where the lawyers would be allowed to make changes to the title or the cautions register without involving the land registry officers. There were rules imposed on regulation of the network and in order to enter into a network access agreement an applicant had to fulfill criteria. The Act has also set out that whenever there was a conflict, the “overriding” nature of the obligation owed under the network access agreement, such obligation would
“Any dealing with the whole of the property requires the involvement of all the co-owners. We have seen that there is a general principle that it is impossible to give a greater right than you have yourself … nemo dat quod non habet” .
This essay is about the land rights of of Australia and how Eddie Marbo was not happy about his land been taken away from him. In May 1982 Eddie Marbo and four other people of the Murray Islands began to take action in the high court of Australia and confirming their land rights. Eddie Marbo was a torres islander who thought that the Australian laws were wrong and who went to fight and try and change them. He was born in 1936 on Mer which is known as Murray Island. The British Crown in the form of the colony of Queensland became of the sovereign of the islands when they were annexed in1978. They claimed continued enjoyment of there land rights and that had not been validly extinguished by the sovereign. (Australian Bureau of Statistics
In the mid-1700’s, not many people were granted the rights that they deserved. Of these rights, only few could vote and few could be educated. It was typical that white men were allowed to vote and were given the opportunity to become educated. This angered those who lacked these rights, which resulted in uproars within the nation. In an essay from a Maryland newspaper, a discussion of the injustice between owning land and having the right to vote is debated. Benjamin Rush wrote thoughts about giving women the chance at education. Living in the New World meant having rights as citizens and expressing instances of disagreement.
Henry George is one of the most important progressives of the 19th and 20th century. George was a big advocate of the idea that resources and opportunity belongs equally to everyone (McCarthy and McMillian 2003). Henry George was born on September 2nd, 1839, in Philadelphia (Encyclopædia Britannica). He left school before he turned fourteen and started working as a clerk. After two years as a clerk, George decided he wanted to go to sea. He would later quit his life at sea to take a stab at the gold rush in Canada, but would find out, upon arriving there, that he was too late (Encyclopædia Britannica). He went to California and started working for a newspaper business, as well as taking part in the Democratic Party politics. Henry George would
Source A is reliable but does not fully support the assertion. Source A, taken from a British-based research in 1997, intends to show how Mao’s preventive healthcare measures improved the peasants’ quality of life but “sparrowcide” had resulted in people having lesser grain as they were eaten by insects. Source A states that Mao had implemented the measures such as “basic healthcare and preventive services”, closing brothels and running campaigns against opium use to bring diseases and vices under control. However, by eradicating the sparrows in the Four Pests Campaign, “the insects ... now devoured the grains instead”.
“An allusion has been made to the Homestead Law. I think it worthy of consideration, and that the wild lands of the country should be distributed so that every man should have the means and opportunity of benefitting his condition”- Abraham Lincoln, February 12, 1861 (www.nps.gov). The Homestead Act not only brought free land and opportunities, it also brought a change for man to improve their life or start new in America. There were many other factors that played in opening the west but the Homestead Act provided the opportunity for individuals that ultimately opened up the West.
Clark & Ors v Gandangara Local Aboriginal Land Council (Tenancy) [2011] NSWCTTT 526 (10 November 2011)
The ECNL in conjunction with the IGA promotes consistency and the minimization of jurisdictional specific requirements which should lead to a reduction of jurisdictional differences and a lowering of compliance costs. ARNECC believes that the introduction of electronic conveyancing will assist in driving national consistency in conveyancing practices and the members of ARNECC are committed to working collaboratively through the
The High Court has as of late considered the fraud special case to indefeasibility of title of land possession in the case of Cassegrain v Gerard Cassegrain & Co Pty Ltd. The decision permits a wife to keep a half benefit for a dairy farm property in spite of paying no thought for it and just being the beneficiary of that intrigue due to her spouse 's fraud. The misfortune here is the party denied of a benefit for the land by fraud, while the victor is obviously the unwitting beneficiary of that interest.
Changing the system. During Elizabethan times the land ownership system was changed several times, but most of the land was owned by the crown, the nobles were usually the only ones to own land and the peasants were isolated from owning anything.
This event was very effective in portraying it's message. Not only did the documentary use personal stories from women who have been oppressed, but they showed cases in which the United States Supreme Court decided in favor of the oppressors. I was shocked to hear that women were not guaranteed protection under the United States Constitution, a so called "Law of the Land". I do not understand how people can put themselves over others when it comes to things as simple as basic HUMAN rights. I asked my mother, "are you protected under the constitution?" her response, "Isn't everyone?" When I become a lawyer and politician, I hope to one day change the way our laws are misconstrued in order to fit into a company's agenda.
Two sets of statutes contain disclosure obligations for sellers and sellers' representatives regarding sales of residential real property consisting of one to four dwelling units. The first statute is entitled "Disclosures Upon Transfer of Residential Property" (California Civil Code Sections 1102-1102.15). The second, "Duty to Prospective Purchaser of Residential Property" (California Civil Code Sections 2079-2079.11), applies to sales involving a licensed real estate broker.
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.
Land Victoria has also introduced a system to capture information from paper documents using Object Character Recognition (OCR) software facilitating a degree of automated processing of transactions. Accordingly, the Victorian land registry will not benefit from the lodgment of documents in electronic form to the same extent as will New South
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.