The Law Of The Land
The Land Act Of 1913 Essay
Public Law And Private Law Essay
The Supreme Law Of The Land
Land Law 19th Century
Easements Land Law
Landlord Tenant Laws And Tenants Essay
Land Law Procedures in Kenya
Alien Land Law Dbq Analysis
What Law Means To Me Essay
Land Law
Land Act Mauritius
Electronic Conveyancing ( E Conveyancing )
Land Law Reform
An Objective Behind The Land Law
The Logic Of English Land Law
Why Study Law Essay
Land Law and Tenant
Presiding Officer Training module 2024 lok sabha elections
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Land Law Essay
1. 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
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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 longâlasting, 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 ĐČĐâ 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
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3. Public Law And Private Law Essay
With respect to the misleading and aggressive trade practices, two set of remedies were given by
both the public law and the private law. Even though the two sets refer to the same conduct, their
concept and terminology were completely different and thus give rise to varied outcomes. While
the former was usually emphasized by officers working in the Trading Standards Services and the
Office of Fair Trading through criminal sanction and implemented under the Enterprise Act 2002,
the latter was usually enforced through small claims by the offended consumers by using the
common law system per se for disputes between businesses. Therefore, the 2014 Regulations was
adopted so as to fill the gap between the enforcement of public law and private law in respect of
consumer law on misleading and aggressive practices. The 2014 Regulations provide two tiers of
remedies. Specifically, Tier 1 stipulates the standard remedies, including the right to unwind and
the right to a discount, which shall apply for all cases without requiring the proof of loss. Tier 2
namely damages, provides additional remedies which allow consumer to claim compensation for
damages with the requirements of evidence of loss. Correspondingly, this part will introduce (1)
the conditions to apply the new rights, analyse and compare to the remedies under traditional law in
respect of (2) the standard remedies, (3) the additional remedies and also discuss about (4) the
probable limits in the level of protection of
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4. The Supreme Law Of The Land
The Criminal Justice System is made up of many crucial parts that come together as a whole in
order to establish peace and maintain order in our society. Each part and individual has a
responsibility to keep the system going. One important component is the Court System. The court
system was designed to uphold the supreme law of the land, which is the constitution. The court
system also helps protect our constitutional rights as Americans. Not only do the courts protect our
rights, they were created to punish those who violate the laws and to control crime as well. The
courts also determine the outcome of cases such as those of criminal or civil cases so everyone
gets a fair trial. I had the opportunity to witness court cases and hear the outcomes as well. I believe
that Judge Dan C. Grober gave just sentences but in my opinion I would have been harsher on the
verdicts of the case of certain people if I were judge. I believe in order to prevent reâoccurrence of a
behavior or crime there should be harsh penalties after multiple times committing the same crime.
This experience has helped me learn so much about the court systems and each part that
composes the court, here 's what I learnt. The job of the Court System can be defined as the court
itself and the judge who is part of the court. The court is ran by a judge "whose role is to make sure
the law is followed and oversee what happens in a court (Criminal Justice System, 2008)." Judges
oversee what happens in a court but
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5. 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, postâoffices, paved streets, and other elements
of spatialâsocial 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 subâelements
to change the suiting tastes of owners and the continuing social
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6. 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
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7. Landlord Tenant Laws And Tenants Essay
LandlordâTenant Law
The legal rights and responsibilities of the tenant and landlord.
When it comes to legal rights and responsibilities to landlords and tenants it can be very hard and
convolutive.The landlord and tenants rights and responsibilities are usually written on the creation
of the lease.It remains in place regardless ofif covered in the lease or rental agreement. Landlords
have innumerable rights, including their rights to choose who will live in their rental properties and
set lease terms. Many landlords would like to avoid legal disputes because it becomes confusing with
the tenant.
Landlord 's rights
The landlord has many rights and obligations they have to go by. Some would be Setting up a rent
amount, garner the correct amount of rent from tenant that's due, collect any changes associated with
the property, Landlords have the rights to evict the tenant from the home during the first few months
of residence without probable cause or later on during the stage of tenancy, landlords have the right
to know who is living in the home with tenant not including visitors,they have the rights to know
about any mends needed, and give reason to access the property for any maintenance repairs or
inspections and they also have the rights to review the rent every couple of years. All the rights the
landlord has but the rights they don't have is entering without permission,taking tenant 's personal
property, upper the prices for rent more than what the market is
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8. Land Law Procedures in Kenya
CATHOLIC UNIVERISTY OF EASTERN AFRICA
(CUEA)
FACULTY OF LAW
THIRD YEAR 1ST SEMESTER
BACHELOR OF LAWS
JANUARYâ APRIL 2013
COURSE TITLE: LAND LAW 1
COURSE CODE: CLS 300 BY: WILSON MAROTSE MULEI LLM (London), LLB (Moi), Dip.
Law (KSL)
Attorney at Law, EAC
COURSE OUTLINE
INTRODUCTION
Land law is split into two separate but related units. Land Law 1 and Land Law II. Land Law I
deals with foundations of property law and Land Law II deals with Proprietary Rights and
transactions.
Land Law I is devoted to the teaching of and familiarizing the student with the basic concept
relating to property ideology in general and to Land as property in Particular. In this respect, The
course will address the question, what is property in...show more content...
Historical development of land law in Kenya * Alienation/ acquisition phase * Imposition phase *
Transformation.
WEEK TEN âCAT
WEEK ELEVEN/TWELVE
8. Land registration in Kenya * Advantages of registered system * Registration systems in
Kenya(registration of deeds and registration of titles) * Categories of land * Principles of
registration * Legislative regimes of land registration * The rights and obligations created by
registration * The registration process * Duties of the registrar in registration * Registration and
priority * Stay of registration
READING MATERIAL
9. Salmonds' jurisprudence
Okoth Ogendo, H.W.O, the tenants of the crown: the evolution of Agrarian Land Law and
Institutions in Kenya, ACTs Press.
Ojienda,T.O (2008) Conveyance Principals and Practices (2008, Law Africa
Publishing, Nairobi)
Essays on Land Law, The reform Debate in Kenya, Edited by Smokin Wanjala
(Faculty of Nairobi University)
Land Law reform in Kenya, Vol. 1,2,3 of the Law society of Kenya
Onalo, P,L and Law and Conveyancing in Kenya, (1986) Law Africa Publishing
Nairobi
Kevin Grays & Susan F. Gray, Land Law (2007), Oxford University Press New
York
Megarry's Manual of the Law of Real Property
Sweet and Maxwell " The Law of Real Property 6th Edition (2002).
STATUTES * The Constitution of Kenya 2010 * Land Act, 2012 * Land Registration Act, 2012 *
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10. Alien Land Law Dbq Analysis
Starting from around 1891, Japanese migrants began making their way to the United States for
work; however, the Alien Land Law prevented all "aliens ineligible for citizenship" from owning
land in 1913. The buildup of Japanese immigrants into America continued until 1924 when no more
Japanese could legally migrate to the U.S.. Prior to the Japanese surprise attack on Pearl Harbor,
Munson began investigating the loyalty of JapaneseâAmerican and provided a report to the
President just one month before the attack. After Pearl Harbor, signed Executive Order 9066 into
law which put all of California, and parts of Oregon and Washington into a militarized zone. This
law allowed military personnel to exclude all persons who pose a threat to national security.
Although there were some racist and prejudice ruling used by the law, this executive order was
motivated mostly by national security. However, some believe that Japanese internment was solely
based on racial prejudices. In the excerpt from The Crisis, the NAACP points out that although
Germans, Italians, and Japanese all posed threats, only Japanese citizens were put into these
camps(Document C). Although this point does have some value, Japanese citizens posed a greater
threat on the Pacific...show more content...
In Roosevelt's Executive Order 9066, he states that in times of war, protection against "espionage
and against sabotage" is needed for the safety of the populus(Document E). The intended audience
of this order is to the general American public and to the different military commander who will use
this new law how they may. This quotation, coming directly from the order, shows that it was for a
security purpose. If this measure was not taken and thousands of Americans died because of it, there
would be a massive uproar complaining about not taking all of the relevant steps to put the country's
citizens out of harm's
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11. What Law Means To Me Essay
Law simply underlies our societies, it protects our rights, imposes duties on each of us, and
establishes a framework for the conduct of almost every social, political, and economic activity.
The punishment of crime, compensation of the injured, and the enforcement of contracts are
merely some of the tasks of a modern legal system. It also strives to achieve justice, promote
freedom, and protect our security. Law affects our everyday lives and impacts on almost every
aspect of society, it gives innovative aspects of Law providing a valuable opportunity to develop
more versatile skills and perspectives whilst achieving an honour degree, and will equip me with a
broad foundation in legal principles, allowing me to progress into a career specialising in areas such
as...show more content...
In my opinion, this definition of Law could not be any clearer. However, many people still see the
need to ignore these rules; whether by committing crimes and breaking the law or behaving in a
deviant manner, but sure enough, I know since been a child, looking up to lawâenforcers such as
police officers has made me believe that Law is the backbone of our society, without it, everyday
life would not be tolerable. Over centuries, Law has matured and has come to a stage where it
provides and reinforces the greatest security and protecting it with all possible means as it can be.
Although I didn't study Law as one of my subjects at school, but I do thoroughly enjoy reading
about it online whenever possible and conversing about its important place in building societies,
which is why I feel so eager to have my dream come true by studying Law at your most prestigious
university, and nothing could be any better than studying Law at one of its most amazing
establishments, The great UK, it literary means, ''I'm over the moon'' by accepting me as one of
your most dedicated students whom you will make you forever
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12. Land Law
Proprietary estoppel protects a person who has a non contractual agreement over land but they have
suffered a detriment due to them acting upon a reliance based on an assurance made by the
claimant. There has been much discussion in recent case law and academic commentaries as to the
elements which make up the nature of proprietary estoppel. Unconscionaibility is a major point for
discussion in deciding whether it should be treated as a separate element or if it is linked into the
three main elements. This essay will consider and discuss the nature of proprietary estoppel and the
two views on unconscionaibility; whether there will always be unconscionaibility if there has been a
nonâperformance of an assurance causing the claimant to...show more content...
The nature of a passive expectation made to the claimant can be distinguished in commercial and
domestic cases as was seen in Cobbe v Yeoman's Row Management Ltd (2008) where the House
of Lords established that the expectation of an interest in land should not be vague in a
commercial situation. The expectation should be for 'a certain interest in land' for proprietary
estoppel purposes which was not the expectation held by Cobbe therefore the expectation was
held to be too vague. Lord Scott stated 'Unconscionaibility in my opinion plays a very important
part in the doctrine of equitable estoppel, in unifying and confirming, as it were, the other
elements. If the other elements appear to be present but the result does not shock the conscience
of the court, the analysis needs to be looked at again.' This statement shows how case law endorses
the unconscionaibility approach as being interlinked with the other elements of proprietary
estoppel however if all of the elements are not satisfied there can not be a claim for proprietary
estoppel as is the case here. In domestic (family) cases, the nature of the expectation doesn't have to
be so specific as long as there is an interest or right in land that would amount to a significant
expectation. The assurance made must be clear enough so that claimant is found to have
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14. Land Law Assignment
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.
The Facts
The organisation, Gerard Cassegrain & Co Pty Ltd, claimed a dairy farm in New South Wales. The
Husband, in his ability as executive of the organisation, exchanged title of the land to both himself
and his wife as joint occupants in like manner. The spouse later moved his enthusiasm for the
property to his wife for $1. An Application was brought by the organisation against the spouse and
wife in the New South Wales Supreme Court looking for that the property be exchanged back to the
organisation because of fraudulent activities of the spouse. The trial judge requested that the spouse
pay remuneration to the organisation, however dismissed the procedures against the wife as she
herself was not a knowing party to the fraud.
The New South Wales Court of Appeal permitted the organisation 's appeal and reasoned that the
spouse had gone about as the wife 's operators in the property 's exchange. The Court in this way
held that both the
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15. Electronic Conveyancing ( E Conveyancing )
Electronic conveyancing (eâconveyancing) was born as an inspired idea of the Land Registry back
in the early 2000s. Prior to that, with the ever increasing presence of technology in our day to day
lives, as well as business dealings, paper based Land Registry details had begun to be
computerised. Almost all registered titles of land had been entered on to a computer based
system by roughly the year 1995. There was a basic, rather rudimentary, usage of computer
systems. A system of direct access to a computerised register was introduced in 1995, called the
Land Registry Direct. (One of the tasks that were thus enabled, for example, was being able to
notify the registry of a discharge of a registered charge, or applications to a register.)...show more
content...
The Land Registry came to the conclusion of employing a comprehensive system of
eâconveyancing. The report produced a detailed outline of the anticipated model of eâconveyancing.
The problems of paperâbased conveyancing as several. England's traditional conveyance system
stands upon multitudes of paper documents and a heavy reliance on the standard mail. Both parties
to the the transaction, buyers and sellers, are subject to many possible problems within the
conveyancing process. A primary concern is the registration gap. This is the time between the
transfer of drawn up and agreed up contracts and the actual registration of the property unto the new
owner. Particular issues with the registration gap is the fact that in any transaction there are too
many parties involved, length of transaction is too long and the transparency/opaqueness is
questionable/questioned. One of the original few problems identified within the previous system by
the LR was the issue of overriding interests. These are third party interests that continue to bind the
estate and are enforceable against the purchaser, while not appearing on the register at all. This
makes it impossible to fully rely on the register, as it produces an actual risk to the purchaser. The
inevitable solution is to still do the investigation (enquiries and inspection). The LR
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16. 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
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17. An Objective Behind The Land Law
Land law maintains a balance between disponees, and vulnerable interests by compromising between
both positions, but this isn't fundamentally problematic, though improvements can be made to the
system. From the outset, this essay submits that the statement in question cannot be appropriately
applied to twentyâfirst century land law. The 2002 reform streamlined the 1925 legislation, such that
the remaining disorganised interests are imperative. Moreover, they don't needlessly impede
disponees since many criterions must be satisfied even before such interests can be established.
Thus, it cannot be said that 'the rules are still too skewed against disponees.' To explain this, this
essay will first analyse the reforms in general. Secondly, it will analyse the position of disponees and
interests. Finally, it question an assumption made by this statement, and that is; whether interests
should exist at all?
An objective behind the land law reforms was to enhance transparency but the statement incorrectly
assumes that parliament intended to create a 'mirror' registry, which reflects all rights and interests
in land. The Land Registration Act (LRA) 1925 sought to modernise the law 'with the pinnacle
being the successful establishment of a title register.' However, the mirror principle wasn't achieved
because section 70(1) LRA 1925 (and schedule 3, paragraph 2(b), LRA 2002 maintains) a list of
possible overriding interests which bind disponees despite being undiscoverable on the
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18. The Logic Of English Land Law
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
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19. 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
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20. 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 â1996 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
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