Property Law Essay

Essay on Intellectual Property Protection
Intellectual property protection has become increasingly popular in the last century. Many factors
have probed interest in this area of the law. A few of those factors include musicians seeking
protection of their musical talents through use of copyrights, companies seek to protect inventions of
advanced production capabilities, companies create trademarks that differentiate their unique goods
from competitors, and companies like Coca–Cola protect their undisclosed ingredients for their
products through use of trade secrets. These examples are to gain an understanding of how and why
intellectual property rights help companies seek advantages in the marketplace. Furthermore, as the
world shrinks because of advancements in transportation...show more content...
Work not covered undercopyright include, but not limited to: works not fixed in tangible form,
titles, names, familiar symbols, common knowledge, and methods to name a few (U.S. Copyright
Office).
Copyright infringement is not taken lightly. The United States entitles the copyright holder to
damages and profits earned by the infringing party. Or, the copyright holder may select statutory
rewards between $500 and $20,000 (inadvertent violations) or $100,000 (willful violations). With this
said, copyright infringement is often difficult to prove. Two main types of copyright infringement
occur, (1) direct copyright infringement and (2) contributory copyright infringement. Under direct
copyright infringement, the plaintiff must prove (1) ownership of a valid copyright and (2) copying
of constituent elements of the work that are original (Barnes, Dworkin & Richards, 2011). Direct
copyright infringement may be excused if use of the creation is considered fair use. Plaintiffs
seeking suit in contributory copyright infringement, must prove (1) direct infringement by a primary
infringer, (2) knowledge of the infringement by the defendant, and (3) material contribution to the
infringement by the defendant (Barnes, Dworkin & Richards, 2011). Because technology has
allowed users to reach the world with the World Wide Web, contributory infringement is a serious
issue. Many internet sites have made piracy readily accessible and users are "ripping"
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Property Law Servitudes
Dear Madam,
Praedial servitude – limited real right
The servitude pertinent to this matter is a praedial servitude, relating to two pieces of land, adjacent
to each other. A paedial servitude is established over the servient property (The Trust) for the benefit
of the dominant property (UCT) in perpetuity. A right of way typically confers a real right to benefit
from the property of another. It affords powers of use and enjoyment to someone other than the
owner. Section 63(1) of the Deeds Registry Act tells us that limited real rights are capable of
registration. This particular right of way, in favour of UCT, is therefore enforceable against the
Trust as it appears to satisfy the requirements for a valid praedial servitude and...show more content...
The relationship between the dominant and servient owners is governed by the principle of
reasonableness. Where there is a conflict of interests, the interests of the dominant owner will have
precedence over those of the servient owner, subject to the principle of reasonableness. The Holder
of the servitude must exercise the servitude civiliter modo, that is, in a civilized and considerate
way. This does not mean that the dominant owner is restricted in exercising the servitudal rights
merely because to do so would detrimentally affect the servient owner. It follows however that the
holder of the servitude may not increase the burden on the servient property beyond the express or
implied terms of the servitude.
One must therefore examine the rights and obligations that arise from the servitude, as governed by
the aforementioned principle of reasonableness, paying attention to the factors responsible for the
footpath's state of disrepair. In the light of this second contributory factor, should the Trust
approach a court for a declaration of rights, arguing that UCT has failed abide by the principle of
civiliter modo, such a court has the power to enforce specific duties by way of an interdict.
ii. Restoration and extinction
Pradial servitudes are indivisible, which means that they

Property Laws Essay
http://www.thebluediamondgallery.com/tablet/images/claim.jpg We're all here on this earth using
what we have. We've been taught that things we are given are ours solely to use for our own
personal use and so we identify that with ownership. For instance when you're born there is a
piece of paper created and somewhere along the way someone hands it to you and you believe
that's yours. You're told what your name is. It's that is also yours but the thing about it is its
intellectual property. It's owned by someone else. Under use of property laws everything created is
owned by someone else. https://c2.staticflickr.com/4/3363/3311100676_b996889884_z.jpg?zz=1 To
put it a simpler way, I have nothing to do with anything that's out there at all...show more content...
https://media.defense.gov/2016/Aug/08/2001598245/670/394/0/160805–F–DL164–001.JPG Here's
the key the world is under martial law. It has already happened and it's over with, at least since
World War One. Here in the USA we were the model for the New World Order of martial law. When
we had Civil War the Lieber code was enacted. It's the law that the military has to follow. Within that
code there's an article that says during war times the soldiers will protect the peaceful inhabitants.
This code was reenacted under the League of Nations renamed The Hague Convention. The same
rules still apply today. The peaceful inhabitants are non combatative users of property. In 1933 with
the creation of the birth certificate and the Social Security number no one ever had to charge anyone
else for anything else ever again. No one is liable. https://image.slidesharecdn.com
/lightandshadowcourtsandcountycourtsdistrictsa–140811123049–phpapp02/95
/light–and–shadow–courts–and–county–courts–districts–84–638.jpg?cb=1407760438 Source: https:/
/www.slideshare.net/uniquelee/light–and–shadow–courts–and–county–courts–districts It's called
social insurance. The reason this was done is we were at that time using gold and silver. People
were accountable and things before. The Social Security and the birth certificate and that was
damaging our brothers and sisters. We were accusing our brothers and sisters and creating more
harm than

Property Law Questions
There are two distinct types of property: real property and personal property. Real property is land
and buildings on land. Examples of real property include houses and apartments. Personal property
are valuable items that are not attached to a piece of land. Personal property includes items such as
furniture, jewelry, computers, and clothing. (Sprankling, 2012)
Eminent domain is the legally permitted takeing of private property for public purposes (Kerekes,
2011). While I was living in Arizona, an eminent domain issues was actually voted on in the city
of Mesa. The city of Mesa wanted to improve the overall value of the downtown area by
demolishing some old neighborhoods and building a sports and aquatic center instead. The people
voted for the demolishing, so all of the home owners were paid fair market value for their homes
and required to move.
Adverse possession is a "method of gaining legal title to real property by the actual, open, hostile,
and continuous possession of it to the exclusion of its true owner for the period prescribed by state
law." (West's Encyclopedia of American Law, edition 2). The elements of adverse possession are:
Actual possession, hostile to the owners, continuous possession, and for the prescribed statutory
time. With regard to the current foreclosure crises, it has forced the banks to ensure timely
foreclosure actions taken on all properties to prevent any encroaches (Urban, 2013).
An example of a private nuisance could be a neighbor

Legal Law Of Property Act
'The certainty and stability afforded to the law of property by imposing a limit on the number of
permissible legal estates are seriously undermined by the existence of a seemingly endless number of
equitable interests'.
Land law today only consists of two legal estates, the fee simple and the leasehold. A fee simple
constitutes the right to use and enjoy the land for the duration of the life of the owner and that of
his successors. A leasehold estate comprehends the right to use and enjoy the land exclusively as
the owner for a stated period of time. These titles only encompass the legal interest in land law,
although another form of interest can be formed through equity (equitable interests). An equitable
interest is where one has obtained a title which is not legal and not in possession of the legal title,
yet, equity will provide a remedy to ensure fairness within the law. The purpose of the Law of
Property Act (LPA) 1925 in imposing a limit on the legal estates was to develop a system which was
fair to a purchaser in the sense that he would be able to purchase a legal estate free from any
beneficial interest which affected it, and that one knew about any interest or encumbrances subject
to which one would take. However, commentators suggest that the failure of the LPA 1925 in
limiting the number of equitable interests has undermined the purpose of certainty and stability of
the act. In pursuance of determining whether the certainty and stability afforded to the

Transfer of Property Law
Standing Timber
1.Marshall v Green – (1875–76) L.R. 1 C.P.D. 35
In the case, the defendant purchased some growing trees, by word of mouth, on the terms that he
would remove them as soon as possible. Later, when the defendant cut down some trees, the plaintiff
countermanded the sale and prohibited the defendant from cutting the remaining. However, the
defendant still cut them and carried them away. It was not denied by either party that there was a
verbal contract. However, the question here was whether the contract was required to be in writing
under the Statute of Frauds. The issue was whether there has been a transfer of interest in land (in
which registration is compulsory) or whether it was a mere sale of timber.
The Court held...show more content...
The State contended that the subject matter was goods, so it had legislative competency. However,
the respondents' contention was that the law tries to create a new class of goods not known to the
law. This was beyond the legislative competence of the state and hence, unconstitutional. The court
held that the right to fell, cut, obtain, remove bamboos from forest areas for the purpose of
converting it into paper was profit a prendre taking into consideration the duration of the contracts
and the ancillary rights granted (like right to collect timber, fuel & other forest produce) . Also, the
court held that it cannot be viewed as a composite agreement, one which relates to standing bamboos
and is movable property and the other related to bamboos that will come into existence in future .
The right is integral and

Intellectual Property Essay
Intellectual property (IP) rights are legally recognized rights to developments of the owner. Under
the intellectual property law, owners are given exclusive rights to an assortment of elusive
possessions, such as literary, musical and artistic works; inventions and discoveries; and phrases
words designs and symbols. Common types of intellectual property rights may include copyright,
trademarks, patents, industrial design rights and trade dress. Patent
A patent is a right given to the owner of an invention that restricts others from making, using,
importing or selling the invention without his or her permission.
A patentable invention can be a product or development that gives a new technical solution to an
existing problem. It can...show more content...
You can also use trade mark to help you raise equity for the growth of your business.
If you successfully register a trade mark, you are allowed to use the В® symbol next to your mark.
Another standard symbol associated with trade mark is в„ў в€’ this shows that the mark is being
used by the company as their trade mark but it does not mean that the mark is enlisted or secured
under the trade mark law.
Copyright
Copyright protects works like novels, computer programmes, plays, sheet music and paintings.
Conventionally, the author of a copyright work has the right to reproduce, publish, perform,
communicate and adapt his work. These exclusive rights establishes what are called copyright and
enables the owner to control the commercial exploitation of his work. This law is useful towards
businesses as other people are not able to use your work without your permission.
Patent is right given to its owner that restricts others from using, making, importing or selling the
owner's invention without his/her permission. Therefore, people cannot make something that the
owner has invented without his or her permission. This is useful for inventors that invents new
invention that protects it from others.
Trademark is sign that business owners can use to differentiate their goods or services from other
business owners. When registered no other business can use your trademark.

The World Of Property Law Essay
Abstract 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. Table of
Contents Abstract2 Introduction4 Classification of Fixtures and Personal Property in a house5
Determining Fixtures and Personal Property5 Agreement of the Parties5 Parties' Intent6 The
Attachment Method6

Property Law Essay

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Property Law Essay