History of Property Law - Case Study Example

Property Law Research

Introduction

Property law was introduced to allow individuals to not only gain ownership of their various assets but also to provide a range of rights concerning property ownership and. Property laws concern both the parties involved in a transaction and the third parties that might show interest or are relevant to the transaction process. Among the communities that have benefited from the property of law, include English and Wales that largely use the law determinations to define the manner of acquisition, sharing, and protection of a person or groups valuable assets.

Through the English common law, individual’s properties are classified as real property and personal property that are governed by legal concepts. These rules have been incorporated in the modern statutes to determine the types and rights of ownership that a person enjoys in both real and personal property. Further, the Muslim community also embraces property law that is applied in determining the type of property, rules governing their acquisition, ownership, and the type of relationships towards each other regarding a property. Similarly, the Kingdom of Saudi Arabia also recognizes the importance of property law in its attempt to govern how individuals acquire assets and their usage within the community. Despite the wide application of property law in significant areas of the modern society, the laws have significant differences as well as similarities that govern their application among individuals and across the English, Islam and Saudi communities.

Land Ownership

The history of land possession dates back to the ancient kingdoms that bestowed much value on land due to its ability to give rise to other forms of wealth. Land ownership in the past was characterized by conflicts and collapse of kingdoms as kings wrestled each other to have large tracts of land to expand their territories for economic gain and ensure an abundance of natural resources. Following the prevalence of wars because of land issues, various communities have established rules to govern the acquisition of land and its use within their locations of jurisdiction. The main concern of land ownership focuses on the arable land for agricultural activities and the tracts of lands that are endowed with mineral sources and water bodies that are key for economic purposes. Hence, ownership of land is mainly categorized concerning land owned by the state, society and private individuals depending on its worth regarding mineral resources and even strategic locations.

Case Involving Land Ownership

Re St George Crowhurst [2014] (Chichester Cons Ct, Mark Hill Ch [2]

The case involves a dispute between a church and their neighbors who erected a fence on a churchyard. The petitioner, Rector and Churchwardens engaged the court in seeking authorization to remove the fence and permission to erect a rail fence on churchyard to enable land ownership direction. However. The defendants maintained that the fence was not in the churchyard. The facts of the case proved that the two parties had to continue living together. However, the two sides had to consent to the accurate fence’s nature scheduled for erection (Pocklington, 2014). Judge ruling indicated that church possessed the wall within the southern boundary of the churchyard. Subsequently, the church remained blamable for the yard’s maintenance (Pocklington, 2014). However, he asserted an urgent need of reconstructing wall’s sections as directed by relevant engineers.

Land Ownership in Muslim

The Islam community classifies land ownership regarding land owned by the society, state, and private persons. Land belonging to the community is solely a property of all members and are not liable for sale even by the government. However, the Muslim acknowledge economic value tracts of land and present them for leasing to persons or organizations that wish to develop them upon a remittance of leasing fee known as Kharaj that is deposited in the community treasury accounts to benefit all Muslims. The Islam government attributes itself as the custodian of the Ummah and is thus responsible for putting all the societal land in the economic benefit of the people. According to Iqbal, all land belong to Allah almighty and man holds the land as trust and is charged with economically developing it to serve and benefit the Ummah and security of human labor (2000). The Muslim government which ensures that the land remains for the sake of the people and is not taken by an individual or an association whatsoever solely oversees societal land.

Muslim community further cherishes the concept of individual ownership of land to enable members of the community to develop their lands agriculturally and economically for their benefit. Muslim community also allows members who embrace its faith to acquire land within its jurisdiction for their personal use. Further, Muslim faithful’s allow non-Muslims who live within its jurisdiction to own land as long as they respect the beliefs and ideologies of the religion. The Muslim community is rooted on a pillar that all natural resources should be exploited to benefit members of the society. Hence, Iqbal (2000) elaborate that an individual can also own land upon approval by the national government upon a recognition recognizes a national interest as far as the individual ownership of the land is concerned. Islam community also has alternatives to allow people to acquire land ownership in case of calamities arising from civil war. Under these circumstances, the land is distributed to individuals regarding those who deserve them rightfully due to their participation in the war. Individuals are also allowed to retain their lands upon a remittance of Kharaj to the government.

The government ensures that every citizen has a land after a civil war by reclaiming all private land and redistributing them to the Ummah including their previous owners. Despite its acknowledgment of personal property, the individuals do not remain the absolute owners of the properties because all land belongs to Allah Almighty. Salim explains that Muslim governments further have ownership of land by overseeing the management of all lands that have collective economic benefit to the people such as those endowed with minerals and lands that are unproductive (2015). The government exploits the endowed mineral lands to benefit the masses and leases the dead lands to individuals and groups that have the ability to develop the dead lands in the interest of all.

Land Ownership in England

The land has both historical and social significance in England hence attributing it as an important national resource. England land law are derived from the common law that defines the manner of acquiring land and other properties and the rules that govern their use as far as their economic value to the community is concerned. England and Muslim faith share the same ideologies and beliefs as far as land ownership is concerned. Land in England belongs to the government which divides it equally to citizens and organizations concerning their abilities in developing them for economic significance. Land ownership in England exists at three levels just like that of the Muslim kingdoms. A community can own Land and use it for various economic purposes jointly. Communal land is managed by the government who ensure that no member or group of the society misuses the lands in a manner that hinders the other user’s operations. Further, Anderson land in England can also be owned by private individuals who are charged with managing the lands economically for their individual benefit and settlement (2015). Private land solely belong to individuals; however, the government might come in to oversee its use if a dispute arises in its ownership. Consequently, English land is also owned by the government who manages all the unclaimed lands as well as dead lands that have no benefit to the citizens. The government is concerned with ensuring that all idle lands are managed to prevent individuals from initiating conflicts in their attempts to claim them.

The case on Re St George Crowhurst [2014] (Chichester Cons Ct, Mark Hill Ch [2] describes a situation where an organization, is in dispute with individuals on the ownership of land. Despite their grievances, the court observes that a peaceful existence of the two parties is key for the communal prosperity. The case is relevant to both Muslim and England laws about land because it touches on both private and organizational ownership of land. Consequently, the case further applies on the two perimeters of law because it touches on the concern of the society. Similar to the Muslim laws of land ownership, the English laws also acknowledge the use of land for communal benefit.

Hence, a removal of the fence from the church perimeters will ensure that the community and the faithful’s of the church get maximum space to conduct their activities during their prayer sessions and other events that are relevant to the church practices. The complaints presented by the plaintiff challenges the wish of the court to grant the church an environment that supports their activities. Being members of the community who have stayed in the place for a significant period, the plaintiff is entitled to a portion of land that supports their stay and practices within their environment. Hence, the court's deliberation should mind their comfort as individuals who are entitled to land and consider the true ownership of the land before deliberating on the case. Similarly, both England and Muslim faith recognize the rights of foreigners in acquiring and owning land in their various places of existence. Hence, the plaintiff is backed by the two systems of law to receive a fair hearing in the case regardless of the status of their citizenship. Both Muslim and English laws on land ownership acknowledge that land is a valuable resource that is entitled to all individuals as long as they conform to the requirements of their various societies.

Saudi Property Laws on Land Ownership

Saudi Arabia laws on property and land ownership rights are based on the Muslim sharia laws that determine conditions under which a person is entitled to land. Similar to the Muslim laws, the Saudi laws recommend land ownership at three level of the society. Land belong to Allah the Almighty who designates it to various countries. The governments of owns all the land and divides it to the people to allow them to use it for economic activities. The land is also communally owned to allow people use it jointly to benefit themselves. The associations that own land are charged with the responsibility of manipulating them communally to appraise their societies and individual lives. The land dispute on Re St George Crowhurst [2014] (Chichester Cons Ct, Mark Hill Ch [2] applies to the Muslim and English rights for land ownership because it involves both individual and an association ownership of land. Despite the grievance that characterizes the land ownership, it is evident that both the parties need the land for their survival. For instance, the association needs the land to conduct their religious activities in the community. Similarly, the plaintiff also utilizes the land for their settlement and other important activities. Hence, the land in question affect the two parties who rely on it for their existence in the society. The case is applicable in both Saudi and English laws of land management because it emphasizes on fairness and equity in the deliberation. Despite the fact that Saudi courts and relevant judicial courts may not deliberate on the case in a manner that benefits all the parties, they are prohibited from engaging in practices that tarnish the Muslim laws.

Real Estate Property Laws

Attorney-Genera/ of Ontario y Afercer and Scm77a Properties Ltd" y Gesso Properties (i)W) lfa

The case on McLellan Properties Limited v. Antoine Roberge and L.D. Roberge involves the sale of a property where the plaintiff Antoine Roberge allows his son L.D Roberge with a responsibility of lending and selling his property. However, the transactions were characterized by malpractices after the defendant; McLellan Properties Limited accused the partners of not conducting business as per the terms of their contract and agreement. However, the jury hearing the case deliberated that the terms of the agreement were not violated in the strict sense. The jury maintained that the trustee was aware of the terms of the agreement. Further, the company was in possession of the agreement documents hence indicating that case did not involve a breach of contract as presented by the plaintiff.

Real Estate Ownership in the Muslim Culture

The Muslim Culture acknowledges individual ownership of property in enabling people to live fulfilling lives. Like other cultures of the world, Muslim nations do not allow illegal ownership of property. Hence, those who own a property gain them either through a buying process exchange process among willing partners or inheritance Bevans (2009). However, the property-gaining process follows systematic procedures to ensure that all the parties are satisfied. The selling and buying process is a complex activity to ascertain the validity of the relevant documents. This ensures that the process is the parties involved in the transaction process.

Saud laws of Real Estate Ownership

The Saudi laws of real estate ownership conform to the Muslims culture that champion for a conformation of business dealings according to the sharia laws. The Saudi laws express that real estate can be gained through wealth by exchanging properties and registering validly to ascertain that they have reached a satisfactory agreement to exchange their respective wealth. Further, Saudi laws ascertain that a person can also have a property through a living inheritance where a person willingly gives another person of his or her choice a certain amount of property regardless of their relationship. The donation is also a form of gaining property among the Muslim culture. The Saudi laws also approves ownership of the property through a governmental body through judicial and administrative expropriation process.

English laws of Real Estate Ownership

The English laws of real estate ownership deal with a variety property of ownership including leases, co-ownership of lands and contracts. In accordance with the common laws, English laws of property champion for equity and establishment of strong terms of agreement when dealing with property exchange issues. The English laws embrace property rights and maintain that the transaction must be conducted in a manner that observes the rights of the buyer and the original owner of the property. The English law of real estate property recognizes transfer of an estate along two dimensions that include free simple and life estates. The free simple estates involve transferring a property as per the perspectives. This elaborates the rights of the owner to dispose the property his or her interests. On the other hand, life estate describes the rights of the owner to retain the land for a duration or a lifetime depending on the agreement penned by the parties.

The case McLellan Properties Limited v. Antoine Roberge and L.D. Roberge presents a situation of breach of contract in a sale of property. The case presents malpractices where the plaintiff reports a case of malpractice against a defendant. The case is relevant to both Muslim, Saudi, and English laws of a real property sale that champion for transparency in a business transaction. Just like the English and Saudi laws of the sale of property, Muslim prohibits those who gain property falsely by breaching agreements made during transactions. The three cultures of business dealings recommend a documentation of all transaction details to serve as evidence in the case of a detection of malpractice. The English laws of real property ascertain that real property dealings should be conducted with utmost sincerity because they are aimed at benefiting not only the owner who is engaged in the purchasing process but also the community. Similarly, the rules governing the sale of real property in England champion for the involvement of an authoritative body to prevent the parties from involvement in malpractices in their business dealings.

Private Inheritance

Kelo v. City of New London, 545 U.S. 469 (2005)

The case Kelo v. City of New London present a dispute on private inheritance of a property that was tried at USA supreme court. The case in question involved a land that was to be inherited from one private landlord to a different one for economic appraisal. The complainant Kelo accused the New city of London of misusing its power to by over the control of land by transferring the land ownership to another private developer whom they accused of not holding the public’s interest at heart as far as the developments in the land were concerned. however, the court ruled in conformation with the defendant’s plea by maintaining that the development activities in the land were directed towards the public interest.

Islam Private Inheritance of property law

The Muslim laws of inheritance of private property is anchored on the Sunni Islam laws that advocate for fairness and conscience in the transaction of similar properties. The Sunnic Islam laws advocate that inheritance of a property private property should be conducted with a purpose of taking wealth from individual disposal and spreading it towards the societal benefit as elaborated by Sait & Lim (2006). The laws also observe respect for the initial owner of the property by conducting the inheritance process in a manner that conform to the laws of property inheritance. In its accordance with the spirit of the Ummah, Islam laws assert that the new owners of the property must give incentive towards work and encourage economic activities in the property. Consequently, the laws of Islam emphasize that ownership of a property is uniform to all gender and women and men are equally entitled to property. Further, the inheritance procedures should not exercise discrimination in terms of tribe or race of the inheriting personality or the previous owner.

English Laws of private Inheritance

The English laws of inheriting private property exists in both perspectives of death and inheriting a property whose owner is still alive. The terms of inheritance differ concerning the condition under which the property exists as at the time of inheritance. Inheriting a property whose owner is deceased is governed by the will left by the dead. However, inheriting a property whose owner is alive demands that the parties agree on the terms of inheritance. According to Beckert, the agreement terms include whether the property will be held permanently or temporarily (2008). Further, the English laws demand that the transaction process must observe the rights of the initial owner as the individual holding a goodwill in the transaction process. Consequently, the English laws recommend that the owner of the property should be aware and approve the means of usage of the property by the inheriting owners.

Saudi laws of inheriting Private Property

Sharia laws just like all the Arab nations govern inheritance of private property in Saudi Arabia. Inheritance of property is strict among Muslim faithful’s contrary to the non-Muslims who are required to transact their inheritance activities as per the rules captured in the sharia courts. The inheritance of a private property must be conducted on sincere grounds to benefit both the parties. The laws further emphasize on the public utility of the property for the benefit of the Ummah. The Saudi laws of inheritance of property also champion for the individual recognition of the owner of the property in question and using it as per his or her good will.

The laws of inheritance of private property in the Islam, Saudi and English dimensions of law borrow from each other as far as the ownership of the property is concerned and the terms if its inheritance. Both Saudi and Islam culture of inheritance of property champion for the use of the inherited property for the benefits of the Ummah as echoed in the French laws of inheritance. Further, the laws observe that the transaction must honor the initial ownership of the property and use it in accordance with his or her good will whether the owner is alive deceased. Consequently, the both the cultures of inheritance champion for an economic use of the property in question to benefit both the public and the owners. However, the English laws of inheritance does not restrict the inheritance of property along religious beliefs as witnessed in the sharia laws that champion for integrity in the inheritance by confining to transaction to Islam believers.

Conclusion

Property law is key in a transaction process because it allows individuals to gain ownership of assets and access a range of rights as far as property ownership and comfort is concerned. Property laws concern with not only the parties involved in a transaction but also the third parties that might show interest persons that are relevant in the transaction process. Among the communities that cherish the application property of law in their transaction activities include Islam, Saudi and English nations. English largely use the law determinations to define the manner of acquisition, sharing, and protection of a person or groups important assets. The presence of English common law has played a key role in governing transactions conducted in their areas of jurisdiction and other parts of the world. Further, the Muslim community also embraces property law that is applied in determining the type of property, rules governing their acquisition, ownership and the type of people’s relationship towards each other regarding a property. Consequently, the Kingdom of Saudi Arabia also recognizes the importance of property laws in governing successful transactions.