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The case study "Easement Law Issues" states that An easement may be said to be the right of one landowner to “make use of another nearby piece of land for the benefit of his own land.”1 In most cases, it is equivalent to the right of way to the dominant land. …
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An easement is a right of way designated for a specific purpose and it does not interfere in any way with the property owner’s rights over his land, it is merely a permanent and/or proprietary interest held by someone else over that easement and is an appurtenant, incidental to the land in question. An easement is, therefore, an interest in the land which will continue even if ownership of the land changes.
In the dispute that is at issue between Alison and Major Phelps, one of the major factors that must be borne in mind is that Alison is the freehold, registered owner of the land upon which the cottage stands and that the unmetalled road is the only way for her to get to her cottage. The first issue to be tackled is Major Phelps’ contention that no express grant to Alison exists. An express grant is generally acquired through a written document, which in this case is likely to be Alison’s deed which indicates that she is the owner of the cottage, having inherited it from her parents. Major Phelps contends that no evidence exists. According to the Land Registration Act of 2002;
This places a restriction on overriding interests arising out of easements, such as that Alison possesses over the unmetalled road. However, the restriction on the overriding interest only pertains to that granted out of registered land such as Major Phelps’ from 13th October 2003 and does not apply to easements that have existed before that. Before the Land Registration Act of 2002, equitable easements were deemed to automatically enjoy a binding status as overriding interests.4 This has also been upheld by the Courts in several cases, such as for example that of Celsteel v Alton House Holdings5. This overriding interest has been overruled by the Land Registration Act of 2002. However, Mr. Phelps’ contention that Alison does not enjoy an overriding interest by virtue of an express trust is not likely to hold good because the LRA 2002 makes it clear that an overriding interest which existed before October 13, 2003, will continue to enjoy the privilege of an overriding interest.
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... a will. Regardless of whether or not Alice’s estates pass under the rules of intestacy or as a testamentary disposition of property, Meg’s inheritance is also an issue as it appears that she died simultaneously with Alice and is survived by her son Phillip, who is presumably a minor and was a dependent of Meg’s. Thus the Inheritance (Provisions for Family and Dependents) Act 1975 may also affect the manner in which Alice’s property is divided, particularly as it relates to Meg’s inheritance. The Law, Legal Rules and Application of the Law to the Facts The formal requirements for making and/or rectifying a will are necessary for providing a method by which testators can dispose of their property as they wish in a way that either detects...
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...? Police Liability Law enforcement liability is a constant source of questioning and accountability within a department. Law enforcement has many policy and procedure in place as ways to decrease and prevent liability issues from arising in their day to day actions. Because officers should and are liable for their actions the implementation of these policies and procedures has become very important. The use of force continuum describes when and how much force an officer is authorized to use and was designed for all types of officer. Officer’s not only protect and serve the public; at times they themselves need protection from liability law suits and claims. Individuals not happy with the outcomes of an action may file suit just to ease...
It is important to get into matrimonial alliance with a life time strategy. Trial and error methods cannot work because there are certain issues that simply do not work on trial and error strategy. Selflessness and sacrifices do not go hand in hand with trial and error strategies. Rather they work exclusively in relationships where the partners are quite clear that marriage is a do-or-die affair, where one swim or sink together. In simple terms, you are either in the circle or out of it. One either learns to command and lead from the front or tail away at the rear in meek, abject surrender to the leader's beck and call.
The first few steps and promises at the altar at the time of marriage are only symbolic. They only expound...
...Running head: Business Law Business Law: A Case Study s Introduction: Ethical issues can arisewhen there is a contradiction between the legal or cultural standards of the country and the culture and the policies of the organisation. "In the scenario the conflict arises ought a company to obey the laws of its home country, or should it follow the less stringent laws of the developing country in which it does business"(Farlex, Inc., 2005) Business ethics should integrate the universal core values such as honesty, trust, respect, and fairness into its policies, practices, and decision making.
Most of the codes are designed to increase the professionalism of individual members by indicating those behaviours that are prohibited as well...
... before their own interests.18 This is where Samson may be in breach of his fiduciary duties as Director of Crystal Ltd because he has caused the Company to go into liquidation and acted mala fide rather than bona fide in the interests of the Company..
9. The Company law reform Bill, Section 428(5) and 429 clarifies that for a take over bid to be successful, the offerer should have acquired a 90% threshold before shares can be compulsorily purchased. Therefore, the issue of additional shares could prevent Hillspot from reaching that threshold.
* Bishopsgate Investment Management Ltd v Maxwell (No 2)  BCLC 1282 at P1286
* Bhullar v Bhullar (2003) EWCA Civ 424; (2003) WL 1202661
* Brown v...
...RECIPROCAL DRIVEWAY EASEMENT Agreement made the 5th day of October, 2008, between Mr. Land, having an address of 124 West Main Street, Your town, Your state hereinafter referred to as “House 1,”. And, Mrs. Acre, having an address of 126 West Main Street, Your town, Your state hereinafter referred to as “ House 2 ”.
WHEREAS, Mr. Land is the owner of the land more particularly described in Schedule A, known by the street address of and “124 West Main Street, Your town, Your state ”and Mrs. Acre is the owner of land more particularly described in Schedule B known by the street address of 126 West Main Street, Your town, Your state.
WHEREAS the parcels are contiguous, adjoining, and have a common boundary line.
WHEREAS, the parties desire...
...Law Ethical IssuesLaw Ethical Issues The aspect of moral conduct within the public service area is inevitable. The people concerned are always on the screen, keenly being observed by the general public. It is clear that, the public strives to point out the mistake as soon as they occur in this area. Nevertheless, the most screened areas of the public service are the law enforcement and the courts. The expectation of the citizens about ethics in these two areas is always above the average. In other words, the public views the courts and the law enforcers as immortals who are not supposed to make any errors at all times. However, this is not always the case. Some of the moral issues that are recurrent in these two areas are; corruption...
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