Nobody downloaded yet

Rights Affecting the Restaurant and House - Essay Example

Comments (0) Cite this document
(1) Ownership: - Ownership rights of the restaurant and house will definitely affect P. P Must get affected little of both the house and restaurant. But this may be affected by the principle of title and possession. In land law, under this principle, the basis of claiming title of land or buildings is possession…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.6% of users find it useful
Rights Affecting the Restaurant and House
Read TextPreview

Extract of sample "Rights Affecting the Restaurant and House"

Download file to see previous pages The tenants are in fact the ones who have been enjoying possession of the property. J has then to note that J's continued failure to take possession of the property may prevent him from claiming ownership of it now. What he ought to establish is whether there is any current dispute between J and his former tenants. 1
(2) Right to enforce the covenants- The neighbour N has the right over the covenants that he had agreed between himself and J, the property owner. The covenant was that the whole premises were never to be used for the sale of food and drinks. But now, J together with her husband, it has converted the shop into an Italian restaurant, whose purpose it to sell foods and drinks.
The general rule of covenants is that, they run with property i.e. each person in possession of the property at different time is entitled to enforce the covenant as that one before him. The covenant does not cease to exist with the exit of one tenant of A enters into covenant with B and B later sells the property to C, C has a right to enforce the covenants with A even though he was not privy to the contract that gave rise to the covenant. In this respect therefore it is important for J to recognize and respect N's rights over the covenant. He cannot lawfully carry out the business of running a hotel/ restaurant. 2
(3) Ri(3) Right to non-conveyance of a registered owner: - Any person who has registered his title over his property needs not to prove conveyance. Conveyance is the act of transferring title/ interest of property from one person to another. However, for this to happen he must claim title by adverse possession and also satisfy the chief land registrar. Technical difficulties can be overlooked by the Land Boss. P then ought to know that it is possible for J to have innocently possessed the households fraudulently because of these simple procedures through registration. If this would however be realized at a later stage, difficulties would be experienced in case the property is to be re - transferred.
But if in case P incurs losses in the transaction he is entitled to be indemnified by the Land Registry. However, for him to succeed he must have acted in good faith i.e. without knowledge of the defects in title
If title to both restaurant premises and the house had remained unregistered, restrictive covenants can be enforced in equity against J. they will still bind P. But conveyance might not be automatic to P because J may be perceived not to be having a better title of the freehold property - The principle of nemo dat quod non habet i.e. "You cannot sell what you don't have". But before the equity principles came into play, purchases of such property could not enjoy such rights as the right to enforce restrictive covenants.
(4) Restrictive covenant on leased property: - There is a restrictive covenant between J and T that T that T should lease the above for 5 years. By letting P expand the restaurant onto the first floor of the property, J would be going against her earlier agreements with T. P cannot therefore legally succeed in evicting T as the covenant/ agreement between J and T binds him as well. For variation of the terms of a lease to be effective, a notice must be given which should be forwarded to the chief Land Registrar. And until such a step is taken by J, the variation of terms and ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Rights Affecting the Restaurant and House Essay”, n.d.)
Rights Affecting the Restaurant and House Essay. Retrieved from
(Rights Affecting the Restaurant and House Essay)
Rights Affecting the Restaurant and House Essay.
“Rights Affecting the Restaurant and House Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Rights Affecting the Restaurant and House

A business plan for a restaurant business named Stake House

...The main motive of marketing strategy for Stake House is to attract maximum customers towards the restaurants. However, in order to maintain them and make customers to repeat purchase, they need to be satisfied. The continuance of existing customer is much effective compared to attracting new customers. Therefore, Stake House will provide better service to the customers in the form of quality food and food offered within right time. Stake House not only will provide ranges of menu but will also intend to maintain a customer oriented environment where they can enjoy the meal. It can ensure future recognition of sales forecast. 5.5 Milestones In the long...
10 Pages(2500 words)Essay

Kappe House and Stahl House

...?Jetro Effendy Architecture 24B June 5, A discussion of Kappe and Stahl Houses Kappe and Stahl Houses, ranked among the top ten houses in the Los Angeles, by leading experts who were selected to undertake a survey of the leading all-time best houses in Los Angeles, in December 2008. The Kappe and Stahl Houses were designed by renown architects, and their design and architecture have allowed them emerge as icons of modern architecture and construction in the twentieth century. Not only is the design and architecture of these houses unique, but their aesthetic value have allowed them to stand the test of time, being highly coveted and...
8 Pages(2000 words)Research Paper

Red house restaurant in cranston RI 02905

...? Red House Restaurant Cranston RI 02905 Executive Summary Red House Restaurant is situated in Cranston. The restaurant specializes in Chinese cuisine, sushi, and Asian noodles. The company faces competition from other restaurants in the region such as King’s Garden restaurant, China Star and Moon House restaurant. All of them offer Chinese foods and other restaurant services on their menus (native foods). This industry is competitive since there are many players but each restaurant is able to attract clients. In addition, each restaurant...
3 Pages(750 words)Admission/Application Essay

Affecting change

...Affecting Change and Section # of Affecting Change The Organizational culture is ever more implicit as a grave component within the conception of high performance within work areas. An organization's established principles, approaches, viewpoints, objects, along with behaviors all consist of its civilization moreover facilitate in originating a sense of regulation, stability, as well as obligation. Not merely does the business as a whole comprise of a culture, however it usually contains several subcultures. Considering the culture at mutual levels is significant for the reason that a single workplace plan will not essentially maintain in the best way the conflicting job cultures. An analytical...
5 Pages(1250 words)Essay


...28 February 2008 Spirit of a Restaurant A good restaurant goes beyond serving sumptuous dishes that satisfy the taste buds-it should fulfill the other senses and convey a sense of well-being to the customer. This completeness is exemplified by Fukuda Restaurant in Irvine, California which serves healthy and delicious meals in its minimalist restaurants by its customer-oriented crews. A diner who first enters the eatery will be overwhelmed by the warm greetings extended by their waiters. Courtesy and politeness, as in the Japanese culture, is shown to customers by bowing. When taking orders, these crews are very patient and courteous taking time to explain the recipes to...
2 Pages(500 words)Case Study

Affecting Change

...Child Protection Service in my Community Child Protection Service in my Community Introduction Child abuse is a big problem not only in the United States of America but throughout the world. National Child Abuse Statistics (2011) point out that more than three million cases of child maltreatment are reported yearly and about five children die on daily basis due to child maltreatment. Because of the economic downtown experienced in the past few years, cases of child abuse have been increasing. On the same note, reduced budgetary allocations have strained child welfare groups to reduce rehabilitative and intervention services for families. Large reports are another problem experienced by welfare workers. From these trends... Protection...
5 Pages(1250 words)Essay

Affecting Change

...for screening and investigation in the US is via individual complaints, hotlines and schools. However, less than a half of these reports are accepted while over a half are accepted from law enforcement, hospitals and the courts and other sources were reports are compulsory. While most nonbusiness hours reports are referred to staff on-call, a majority of CPS systems do not have the facilities to accept reports that are no in English. In screening reports to assess credibility, only 37% of CPS agencies make house calls (US Department of Health and Human Services, 2003). As for investigations, approximately 64% of CPS agencies carried out a combination of investigations and an alternative method of response to...
7 Pages(1750 words)Research Paper


...a selection on their menu that is priced at $2.50 which is the Grilled Chicken Taco. Now, that is a third world pricing with a lousy quality of food and ambience but this is right the beach side of San Diego in the United States. The priciest that they have is Blackened Prime Rib Bits creamy horseradish at $9.75. One might wonder how the restaurant can sustain itself with the price of their food or that the food may be lousy considering with the price. Surprisingly, the restaurant is modestly profitable. It is able to make money despite its low price due to continuous patronage. It never runs out of customer. So it makes money by scale. Its food is surprisingly good also at its...
1 Pages(250 words)Essay

Restaurant characters

...Restaurants Characters of Restaurants Characters This reflection paper aims to present my observational experience of behavioral activities of patrons at McDonalds. The time that I chose to visit the fast food restaurant was 7:00 PM. It should be noted that there were nearly forty five patrons present at the restaurants. I noticed that most of the patrons who were at the restaurant were between the ages of 15 to 40. As per my supposition of different people and their ages, I did not get to see people older than 55 years old. Talking about the ethnic background of patrons at the fast food restaurant, majority of them were Native Americans...
2 Pages(500 words)Essay

Management about BJ's House restaurant

...BJ’S Management BJ’S Management Introduction BJ’s is both a restaurant and Brew house, The Company is currently widespread in the United with it operations based in eighteen states. According BJ Inc. annual report, as at 27th February 2010, the company owned 116 restaurants in various states, including Arizona, Texas, Colorado, Florida, Oregon, Nevada, Washington, Louisiana, Ohio, Indiana, Kentucky and California among other states (2011, 3). It offers wide variety of food products ranging from starter salads to varieties of homemade soups, burgers and pastas. It also offers ribs and steaks, desserts, special launch programs, kids menu and much more. In addition the...
3 Pages(750 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Rights Affecting the Restaurant and House for FREE!

Contact Us