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Land Law - Assignment Example

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Name of the Student: Student Number: Module Code: Module Title: Assignment Title: ‘[The] lawyer’s understands of land still hovers ambivalently between a purely material conception of the physical stuff of land and a more cerebral image of land as comprising a coordinated set of abstract entitlements…
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Land Law
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Download file to see previous pages S. No Table of Cases 1 “Bernstein v Skyviews General Ltd [1978] QB 479” 2 “Boomer v Atlantic Cement Co Ltd 257 NE 2d 870 ( NYCA ,1970)” 3 “Cadbury Schweppes Inc v FBI Foods Ltd (1999) SCR 142, 167, DLR (4th)” 4 “Chelsea Yacht and Boat Club v Pope [2001] 2 AII ER 409” 5 “Cooperative Wholesale Society Ltd v British Railway Board (1995)” 6 “Hulme v Brigham” 7 ” Isenberge v East India House Estate Co Ltd {1863} 3 De G J & S23 “ 8 “John Trenberth v National Westminster Bank (1979) 39 P & CR 104” 9 “Kelsen v Imperial Tobacco Co Ltd (1957) “ 10 “Lemmon v Webb (1895)” 11 ” Lewvest Ltd v Scotia Towers Ltd (1981) 126 DLR (3d) 239, Nfld SC”, 12 “Millennium Production Ltd v. Winter Garden Theatre (London) Ltd [1948] AC 173, HL” 13 “Mitchell v Mosley [1914] 1 Ch 438” 14 “Parker v British Airways Board (1982)” 15 “Reilly v Booth (1890)” 16 “Rudd v Cinderella Rockerfellas Ltd [2003] EWCA Civ 529” 17 “Taylor v North West Water (1995)” 18 ” Telecom Auckland Ltd v Auckland CC[1999] 1 NZLR 426” 19 “Woolerton and Wilson Ltd v Richard Costain Ltd [1970] 1 WLR 411” S. ...
physical or tangible property like factories , fields , shops , houses and soil but also intangible privileges in the land such as right to create a charge on land to secure a loan or a right to walk along the neighbour’s driveway which is also known as an easement right, the privilege to take something from other’s land like fish, which is being a profit and an illustration of an “incorporeal hereditament’ and the privilege to manipulate the usage to which a neighbour may place his land, which is also known as a “ restrictive covenant” . Thus, in legal parlance, a land includes both corporeal and physical asset and also includes the privilege that the owner or third parties may benefit from or over it1. Land may include any terrain, which is held other than the surface and hence, it is liable to horizontal division. Thus, land encompasses any specific map coordinates, which contain at least restricted segments of the superjacent and subjacent areas. Thus, the area, the ownership to land can be differentiated and vested in various owners at a time, each owning a different part or stratum of the cubic space either above or below the surface layer of the ground. It is to be noted that owners of various floors in an apartment may own a freehold title by way of ‘common hold’ or have a claim of a leasehold estate2. The world of physical reality is being essentially related by the first three dimensions of land. However, the fourth and fifth dimension is not dealing with the physical aspects of land but deals with the intangible interest in the land. In Newlon Housing Trust v Alsulaimen (1999), it was held that the four dimensional of land is not only explained with the reference to the corporeal periphery of the land and also by reference to the period for ...Download file to see next pagesRead More
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