Land Law Reform The Land Act Of 1913 Essay Land Law 19th Century Easements Land Law Land Act Mauritius South Africa Land Reform Essay The Law Of The Land Land Law and Tenant Why Study Law Essay

1. Land Law Reform
Indigenous people have long been denied the entitlement of land rights by Australia. Law reform
has been both effective as well as ineffective in achieving genuine access and control of land for
the indigenous people. Law reform aims to reinforce and strengthen justice, through the process of
first examining existing laws, and by then revoking, amending or creating the necessary changes
to a law. This procedure is acted in accordance with judicial bodies, by the result of case law along
with statutory law. The Native Title Act of 1993 was achieved through statutory reform. This act
took place by cause of the High Courts settlement of the second Mabo case of 1992. Although law
reform has not been exclusively effective, it has been relatively...show more content...
The significance of this decision amended the base of land law in Australia. The most significant
issue of the case was if Queensland's 1879 act of annexation of the Murray islands extinguished
native title, by empowering the Crown with control of all Murray island land. The case involved
the consideration and judgment of the High Court and the Queensland Supreme Court. After
Justice Moynihan of the Supreme Court recommenced the hearing of the case facts, the
proceedings reconvened on Murray Island as well as on the mainland as requested by the
plaintiffs. Mabo and the people of Meriam requested it to be held on the island its self, as they
believed it would be convenient in taking evidence from witnesses, as well as to provide the court a
better understanding of the island and its people. As Justice Moynihan researched and investigated
the aspects of the island, he discovered many things about the island and its people. It was found
that the Murray islanders had an elaborate social structure, no concept of public land ownership and
that the people had a clear awareness of identity as well as powerful and abiding links to their land.
The determination of the case depended on the legality of the declaration of Terra Nullius; if
Australia was determined Terra Nullius at the time of settlement, this would result in the islanders
case being invalid as English law applied, however, if it was decided that the English had invaded
Australia, then the initial occupants would therefore be recognised. The High Court concluded the
issue by deciding that Australian lands were not terra nullius at the time of settlement and that native
title had existed wherever indigenous people were settled before European settlement. The court
therefore granted the islanders with native title and the
Get more content on HelpWriting.net

2. The Land Act Of 1913 Essay
The Natives Land Act of 1913, or "Plague Act" marked a paramount moment where, "the South
African Native found himself, not actually a slave, but a pariah in the land of his birth." (Plaatje, 1).
And like any plague, the repercussions remained rampant and long–lasting, not only through the
hillsides, hollows, houses and cities but though the memories of those who experienced land
dispossession and those who continue to experience its legacies. This paper will focus on the
commemoration of this act by examining the essay: Umhlaba 1913 to 2013: Commemorating the
1913 Land Act (based on the exhibition), further comparing it to Sean O'Toole's review ‑ titled
the same. This paper will investigate the purposes of commemorations and how how we understand
them, because while they construct tributes to the past they further create moments of alienation and
trauma to the individuals who still experience the aftermath. This essay will, additionally, examine
how commemorations reinforce collective memory, map mental geographies of the past and how
they attempt to create closure for loss though I hope to reiterate that this is not always the case. It is
also important to look not only at the subject of commemorations but the relationship between
materiality and memory; how a photograph can carry memories within and beyond the land. Before
one can comprehensively continue with the significance of commemorations and preserved memory,
it is vital to look at the Natives Land Act of 1913
Get more content on HelpWriting.net

3. Land Law 19th Century
The land and business interests in Western New York were highly connected to the politics of
infrastructure. Land and Business interests lobbied the state government for the creation of canals
and railroads, due to their tendency to increase trade and the value of land in the surrounding area.
For instance, the agricultural developer and politician, Asahel Cole, of Friendship, lobbied for the
construction of the Genesee Railway and was appointed by the state legislature to manage the
project. By the time of the 1840's the Whig Party managed to establish significant support among
voters in the region by championing infrastructure projects as a means of economic development. In
the course of 19th century, various railroads and canals were constructed,...show more content...
For instance, the lakefront property of Buffalo became less valuable, as it had its buildings burned
by British in the War of 1812, recovered during the period of reconstruction, and grew to be more
valuable after the Erie Canal and the new Buffalo harbor were established. Many formerly barren
parts of the region, became more valuable after Asahel Cole developed the Underground Irrigation
technique in the 1850's made them agriculturally viable. Villages which stared out with log houses
and dirt roads in the earlier part of the 19th century, often ended up with frame and brick houses,
market places, shops, craft places, schools, churches, post–offices, paved streets, and other elements
of spatial–social development by the late 19th century. As more land plots came to be in the hands
of small landholders, and the old large estates shrunk, the commodity of land became more about
transferring between small land holdings. As settlements were established and the general spatial
order was set, the commodity of land changed to be more about the modifying of the sub–elements
to change the suiting tastes of owners and the continuing social
Get more content on HelpWriting.net

4. Easements Land Law
In the past, English law has been underpinned by a strong and generally unifying desire to protect the
rights of persons who could demonstrate a long established de facto enjoyment of land. Indeed, the
Prescription Act 1832 legislatively entrenched prescription, and in particular, prescriptive easements.
The underlying assumption was that the principle of prescription was necessary to reconcile the
conflicting interests of landowners
The basis of prescription is that if long enjoyment of a lawful right is shown, the courts will uphold
the right by presuming it had a lawful origin. There are three types of prescription, namely,
prescription at common law, prescription under the doctrine of lost modern grant and prescription
under the...show more content...
It also has been criticised for being overly complex. Various shortcomings of the act have been
outlined in cases and by critics. One of the outlined flaws is that the period of 20 years to find a
prescriptive right under the act has to be the 20 years next before action brought. Therefore the
period must be calculated back from "some suit or action wherein the claim or matter to which
such right may relate shall have been or shall be brought into question" . This means that even
though the right may have been enjoyed for the past 80 years, the claim will fail unless the last
20 years immediately before the action have been "without interruption". The claim will also fail
if both tenements had been owned or occupied by the same person anytime immediately before
the action. The minimum period of 20 years has to be "next before action" and without
interruption. If the interruption originated 19 years and one day prior to the action, the year's
interruption would not be completed until one day after 20 years. If the dominant owner did not
make his claim before the last day of the year he would be too late. As on the next day the fatal
period on one year's interruption would be complete, thus he only has one day only in which to
make his claim. The use of vague vocabulary such as the term "interruption" has amounted to masses
of criticisms. Interruption has a special meaning for the purposes of prescription act, it says that
even when there is some
Get more content on HelpWriting.net

5. Land Act Mauritius
LAND (DUTIES AND TAXES)
Act 46 of 1984 – 16 July 1984 ARRANGEMENT OF SECTIONS PART I– PRELIMINARY Short
title Interpretation PART II– REGISTRATION DUTY 3 Duty leviable PART III– LAND
TRANSFER TAX 4 Levy of land transfer tax 5 Exemption 6 Declaration by transferor 7 Penalty for
incorrect declaration PART IV– CAPITAL GAINS 8 Interpretation 9 Levy of capital gainstax 10
Sale price and cost of infrastructure works 11 Contents of deed PART V– 12–15 PART VI–
CAMPEMENT SITE TAX 16 Interpretation 17 Plan 18 Register 19 Declaration 20 Powers of
authorised officer 21 Notice of entry on register 22 Removal of entry on register 23 Campement site
tax 24 Appeal to Minister 25 Service of notice 26 Burden of proof PART VIA– TAX ON
TRANSFER OF 26A...show more content...
a partnership by a person who withdraws 'se dГ©sintГ©resse' from the partnership without taking
back the property 'apport' which he originally brought into the partnership; (iii) any immovable
property owned by a company which is attributed, on winding up, liquidation or dissolution of the
company or in any other manner, to a shareholder of the company; (iv) any immovable property
owned or purchased by a partnership which is attributed, on its dissolution, to any of the partners of
the dissolved partnership; (v) any immovable property brought by way of an 'apport' by a partner in
a partnership which is attributed, on its dissolution, to any of the partners of the dissolved
partnership; "stated amount" means the amount specified in a notice served by the
Registrar–General under section 27 or 28; "tax"– (a) means the tax payable under Parts III to VIA;
and (b) includes any surcharge on tax and penalty or interest imposed under this Act; "transaction"
means any operation creating, transferring or extinguishing a right of obligation; "transferor"
includes – (a) the lessee of an immovable property; (b) in the case of an exchange, any party who
transfers property; (c) in the case of a partnership, the property of which is, on its dissolution,
attributed to any of the partners of the dissolved partnership immediately before its dissolution; (d)
in the case of any person withdrawing as a partner from a partnership, the person who so withdraws
'se dГ©sintГ©resse' without taking back
Get more content on HelpWriting.net

6. South Africa Land Reform Essay
Land reform is generally defined as relating to the modification of laws, regulations or customs, on
the subject of land ownership. It usually encompasses allocations of land ownerships or rights.
These transfers could be from a small land owner to government owned cooperative allotments or
vice versa. Land reform is an extreme political progression that could cause tensions and conflicts
between the individuals involved in the rearrangements, usually originating from dissatisfaction
from the losing side. The political aspect of reform is very difficult to elude given the outcome of
changes in land tenure arrangements on the social and class structure they represent.
There are both advantages and disadvantages to land reform. One of the...show more content...
Most of the time people don't care who doesn't have as long as they have enough and able to
accumulate more. so in this process there might be a need for protest and violence which might
end up claiming a lot of lives. For example the land reform of Zimbabwe took three decades before
it was finalized and resolved. A child born when it was started/ initiated was thirty years old by the
time it ended. In the Philippines, indigenous people are subjected to major financial hindrances and
complications to obtaining their lands under the Indigenous Peoples' Rights Act, as the expenses of
carrying out land surveys have to be taken care of by the communities. Some communities are even
fractionally repossessing their lands, to reduce the survey expenses to what they can have the funds
for. And in the case ofsouth Africa, Land reform has fallen far short of expectations and objectives
in every respect: in the quantity of land reallocated, in the mitigation of poverty and unemployment,
in the reformation of the agrarian budget to generate opportunities for previously underprivileged
individuals and in protecting small farmers and farm workers from eviction. Less than 7% of land
has been redistributed to date, and there is no probability that the objective of 1/3 will be
accomplished even by the year 2025.
Land queries have
Get more content on HelpWriting.net

7. The Law Of The Land
"The right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon
probable cause, supported by oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized."
When the United States was formed in the 17th century, judges looked to English practice for
guidance in their court proceedings. Regarding search and seizures, common law limited official
power from English authorities to search private residences. It was not until the Constitution and the
Bill of Rights were established that gave citizens inalienable rights and guaranteed protection from
their own government....show more content...
William Howard Taft, Chief Justice of the United States Supreme Court from 1921 to 1930, was
particularly excellent at constitutional law, but extraordinarily bad at reading public opinion and
the nature of how society changes over time. With this mixture of talent and misfortune, he was
able to effectively broaden the constitutional scope of warrantless legal search and seizures,
giving wireless materials as well as situations where it is not practical exceptions from the
requirements to obtain a warrant. Currently up for decision in the Supreme Court is Riley v.
California, a search and seizure case which involves the confiscation of a mobile phone. This
paper will trace the evolution of search and seizure laws in the United States to describe how
different eras in time also included different interpretations of the laws. An evaluation of William
Howard Taft's contribution towards the area will also be included. The other purpose of this paper
is to explain the history of Riley v. California's issue and circumstances, as well as providing an
informed hypothesis on how William Howard Taft would have decided the case. Before the
Constitution was founded in the United States, colonies relied heavily on common law adopted from
English precedent to decide on cases in their courts. Eighteenth century law
Get more content on HelpWriting.net

8. Land Law and Tenant
Question 1
This Problem concerns the enforceability and remedies of leasehold covenants between landlords
and tenants, and their successors in title. The ground floor lease is granted before 1 January 1996
and so the covenants are governed by a mixture of statute and common law. The first and second
floor leases were granted in 2001 after the coming into force of the Landlord and Tenant (Covenant)
Act 1995 and are dealt with under this statutory regime.
Ground Floor
On the facts the original landlord, Larry and the Original tenant Tariq have assigned theirleasehold
estate. Clearly the original parties are bound to each other in contract to perform the covenants
contained in the lease. Tariq liability continues throughout the...show more content...
First Floor
The enforceability of the two covenants raises similar issues to those considered above, save that
the lease is granted on or after 1 January 1996, the Landlord and Tenant (Covenants) Act 1995 is
applicable. This makes no distinction between personal and proprietary covenants. Consequently,
all leasehold covenants will run to assignees of the reversion of the lease irrespective of whether
they touch and concern or have reference to the subject matter of the lease provided they are not
expressed to be personal ss2 and 3 LTCA In Ron's case, therefore, the original tenant's covenant not
to
use the first floor other than for the purpose of a recording studio and to allow Larry to use the
studio on one day during the Christmas season to record a Christmas carol for his parents, may well
run to assignees as neither are actually expressed to be personal, even though the latter is personal
under the pre –1996 Swift test.. Also by force of statute, the benefits and burdens of the leasehold
covenants pass to assignees. There is no need to prove privity of estate or plead ss141 of the LPA
this rule is irrelevant for LTCA leases s3 of the LTCA. The original tenant Sean is released from
liability on assignment, subject only to possibility of being required to guarantee the assignee under
an Authorised Guarantee Agreement (AGA) ss 5 and 16 of the LTCA.
With the above principles in mind Ron cannot
Get more content on HelpWriting.net

9. Why Study Law Essay
Why study law? I think law is a course where you can practice practical skills and gain other skills
too. Law is human rights; it is solving people's problems and getting to know what people go
through. Firstly I want to study law because of the injustices that still exist in the world we are in
and it bothers me a lot. I want to be the one that can change it. I want to be the one that will help
people and get them justice. I want to the society to be equal and I want to fight for some human
rights. I want to be a lawyer or an investigator in crime scenes because I love solving problems which
are between two people and think about which option is the best to set and go for. I am a good
listener and I like taking risks. I want to be...show more content...
I think studying abroad makes you gain some self confidence and know how to handle
responsibilities by yourself. I will be able to rebuild my life from scratch. I will get to meet
different people who lead to different cultures and I will meet an entirely new culture. I will get to
ask the friends I will make about how is law back in their countries. How does their law differ
from ours? I will be able to explore the world, the world that I yet didn't see. I will get to see how
education is in different countries and get to experience it. Being an international student will
help meet other international students and I will get to ask and see how cultures differ and what
are their traditions are like. The steps I take are my future; I am the one who move my feet towards
the goal I want. It is what I want to be and what I will hopefully be. There isn't anyone who could
stop me from being what or who I want to become. Yes I will be alone and I will get lost a lot of
times but that is part of rebuilding who I am. That'll teach me loads of things I never knew and I
will learn more about
Get more content on HelpWriting.net