Oct 01, · 10 years from now i will be essay definition academic and professional goals essay Anti cybercrime law essay examples Zug nge of land america the free essay help zur grammatik des gegenwartsdeutschen. There are domains beyond the reach of my essay for a book on reasoning and able to detect errors Land law llb law exam question help URGENT Help Needed With Land Law Mortgages A Level OCR English Literature: How to write an essay for poetry? Tips for studying land law! show 10 more The Curtain Principle Land Law & Consumer Law, assignment help! Law Essay writers Structure for Land Law Essay Basically I am struggling with Land law in general, I just need to know some pointers for my essay, ill post the question below and any help is appreciated. John and Grace were the freehold proprietors of adjoining houses at numbers 27 and 29 Acacia Avenue respectively
Land Law Essay - Land Law Essays
Write an answer, in not more than words, to the following question taken from last year's Land Law examination paper. Answer each part of the question as concisely as possible. Within the word limit, it is up to you how many words you devote to each part of the question. Support your conclusions by referring to legislation where appropriate and case-law.
Include a bibliography listing all the works to which you have referred. ANSWER BOTH PART a AND PART b. a A commentator has stated that "the law of fixtures is and will always remain a rough and ready mechanism behind which competing claims of ownership over different things are settled.
Behind a veneer of principle, the law lacks coherence and certainty, and it is strongly arguable that it should not continue in its present form". Outline the tests the courts apply in deciding whether an object is a fixture or a chattel, and discuss whether you agree with the above statement. b In what circumstances may a person who finds an object on, or under the surface of, someone else's land claim ownership of the object?
Is the law on this subject satisfactory? a At the basis of the Doctrine of Fixtures resides the following sentence "Quicquid plentatur solo, solo cedit" Whatever is attached to the land becomes part of the land. Thus, the doctrine of fixtures is one of the fundamental elements defining what land is. Fixtures distinguish what objects are a part of the land real property and what is on the land, but isn't part of it personal property, land law essay help, commonly referred as chattels.
Two main Common Law tests are used by the courts to decide whether an object is a fixture or a chattel. First, the courts will apply a general test to all cases by considering the degree of annexation. Indeed, whether an item will be considered a fixture or a chattel first depends on how firmly the object is attached land law essay help the land. If the object isn't attached to the land other than by its own weight unless it is firmly attached to itthe court is not likely to consider it a fixture, but rather a chattel.
Physical attachment constitutes a necessary condition to consider an item part of the land. Therefore, an automatic carwash machine will prima facie be seen as a fixture and thus a part of the land itself, but a "Dutch Barn" won't. A good test for this is to consider whether the removal of the object will create considerable damage to the property. For example, trying to remove a bungalow would be impossible unless you destroy it. The courts will therein regard land law essay help as a fixture.
However, land law essay help, the extent of annexation is not sufficient for an item to be seen as a fixture. A second test, this time on a case by case basis is to be taken into account. The courts also look at the purpose of annexation, land law essay help. Indeed an object standing by its own weight, though prima facie a chattel, can be considered a fixture and vice versa.
If the item is attached for the better use or enjoyment of the chattel, like tapestries for instance, its purpose will be to remain one no matter how it is attached to the land or the building. The item thus becomes a "chattel advocate" rebutting the fixture presumption. However, if the object is on the land for the better use of the land law essay help itself, then the chattel becomes a fixture even though it may only rest by its own weight.
This situation can be seen in regards to landscaping. For example, a statue that is the entire part of the architecture of the land will be considered a fixture. De jure, the object becomes a "fixture advocate" rebutting the chattel presumption. This rebutting of the two original presumptions was found in the case of Holland v.
Hodgson [] and established by Justice Blackburn. This practical analysis of the use of the doctrine of Fixtures in the courts shows how important the two tests are as they involve the land law essay help of two competing claimants.
The law felt the need to create distinct forms of property to settle arguments between parties and to determine who owns what. This situation arose with the beginning of conveyance of land where property could go from one hand to another and thus "competing" interests land law essay help between the seller and the buyer or the landlord and the tenant etc.
For instance, while the legal owner will seek to rebut the fixture presumption in order to take as much as he can with him when selling the land, the buyer in contrast will seek to prove such items are part of the land in order to take possession of them.
While one argues these items constitute personal property i, land law essay help. chattelsthe other will challenge it as being real property. The law of fixtures is thus a matter of dispute. The problem is not that it is a "rough and ready mechanism". As we have seen, it considers the purpose of the attachment of the items on a case related basis.
Indeed, "All circumstances must be considered in deciding whether or not an object is a fixture, with varying degrees of emphasis upon different factors from case to case. With cases that have different interpretations, situations have arisen creating numerous exceptions to the general test and making the tests bulky. Consequently, the Doctrine of Fixtures creates inconsistencies. For instance, the tenant must be careful when attaching something to the land as it can land law essay help a fixture and therefore belong to the landlord even though this was not the tenant's intent.
The owner as a mortgagor must be careful because his personal property may be considered fixtures and go to the mortgagee along with the rest of the property if he fails to make his payments.
Similar injustices may occur when the seller of goods may not be entitled to get them back if it has not been paid for if the buyer attaches the goods such as central heaters so that it becomes part of the land law essay help. However, the aim of the Doctrine of Fixtures is to strike a balance between competing claims, and it is to this day the only way to solve land law essay help in regards to personal and real property, land law essay help.
b Unlike the Doctrine of Fixtures, the question of ownership regarding found objects finds its principles in statutory context, namely the Treasure Act and the Treasure Designation Order Whether a person finding an object can claim ownership will depend on the nature of the object and on the circumstances. Whether the object was found over or under the surface is irrelevant. If the object is not a treasure, land law essay help, then the ownership of the found object varies depending on the circumstances.
If the true owner of the item can be found, the item must be handed back to him and the finder cannot keep it. If the actual owner cannot be found, the determination of whether the finder can keep the object will depend on whether it was found over or under the surface. If the object is found under the surface, than the finder cannot claim ownership as the Latin rule applies in this circumstance "Cuius est solum, land law essay help, eius usque ad coelum ad inferos" i.
the owner of land owns up to heaven and down to hell. The object then goes to the landowner. However, if the finder is not a trespasser, and if there is no clear intent by the landowner to exercise control over all objects found, all items found over the surface which are not treasure and of which the owner is unknown, as mentioned above can be claimed as being the property of the finder.
Before the Treasure Designation Orderthe law was clearly unsatisfactory. Indeed the Treasure Act would only rely on ascertaining the land law essay help of the original owner" as regard to whether a treasure was meant to be found or not. It was also limited to silver and gold items. Thus the finder could become the owner of items which were not treasure under the Law, but which should have been considered as such. This was an issue mainly with items of historical value which are an important part of culture and should be placed in museums for the benefit of all and not for the finder alone.
The old law was also unjust as the landowners were rarely told of finds, land law essay help, and only the finders were rewarded in the case of a find of a treasure noting they were often trespassers. Indeed, the people living on the property landowner or occupier were not eligible for es gratia awards. Despite the fact that those issues have been recently settled, land law essay help, it cannot be said that the Law is completely satisfactory.
The law relies upon no burden of proof, land law essay help. A finder can always claim to have found the object over the surface, and there is no means to prove the contrary. Also, the finder can always keep his find regardless of whether it is a treasure or not, and it will be hard for the State to exercise control in such circumstances, land law essay help.
One might say the reward is an inducement to declare the find, but it is never commensurate to the value of the item found. The means taken by the State cannot be declared a hundred percent efficient.
This said, it must be acknowledged that finding a solution to land law essay help issues is nearly impossible unless the State exercised strict control over land which would contravene the principle of ownership though in theory the ownership of the Crown and furthermore liberty itself. Sorry, but copying text is forbidden on this website. If you need this or any other sample, we can send it to you via email, land law essay help.
Please, specify your valid email address. Remember that this is just a sample essay and since it might not be original, we do not recommend to submit it. However, we might edit this sample to provide you with a plagiarism-free paper. Search for: Search.
ANSWER BOTH PART a AND PART b a A commentator has stated that "the law of fixtures is and will always remain a rough and ready mechanism behind which competing claims of ownership over different things are settled. Related posts: Compco Corporation v. Day-Brite Lighting, Inc. Florida Department of State v. Treasure Salvors, Inc.
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Land Law - Easements Essay. Land Law words ‘The Law of Easements are complex and archaic and in desperate need of reform. Unfortunately, the reforms proposed by the Law Commission will not produce a regime fit for the 21st century’ Discuss The law relating to easements has become an increasingly important component of, not only our Estimated Reading Time: 11 mins Basically I am struggling with Land law in general, I just need to know some pointers for my essay, ill post the question below and any help is appreciated. John and Grace were the freehold proprietors of adjoining houses at numbers 27 and 29 Acacia Avenue respectively Question: LAND LAW CASE STUDY: Paula and Paul, brother and sister, have recently discovered that their l7 year-old nephew Frank has been orphaned in a road accident and that they are his legal guardians. In anticipation of Frank coming to live with them, they decide to buy a bigger house with their savings and with some of the money left to Frank by his parents over
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