StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Business Law - land law - Case Study Example

Comments (0) Cite this document
Summary
In keeping with the present case scenario of Tim and Hill Bob, the issue is whether Hill Bob has adverse possession of the land or a portion of the land that Tim owns in Colorado. The facts are as follows: The residence on Tim's land has been in view of others for over 15 years, the residence has been occupied for over 15 years, and the person occupying that land is Hill Bob…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.1% of users find it useful
Business Law - land law
Read TextPreview

Extract of sample "Business Law - land law"

Download file to see previous pages By its very nature, a claim of adverse possession is hostile to the claims of other persons. It cannot be hidden but must be open and notorious in order to put other persons on notice as to one's claim for possession of the real estate. A claim to title by adverse possession often must be made under color of title. Color of title means a claim to title by way of a fact which, although on its face appears to support a person's claim to title, is in some way defective and falls short of actually establishing title to the real estate. An example of a claim made under color of title would be a deed whose execution was defective or is in question. Another example is a claim arising from another person's Last Will and Testament. Yet another common example is where two or more persons have received separate deeds to the same parcel of real estate." Black's Law (2006).
"Unknown to the owner, a third person - a "squatter" - may be in illegal and unauthorized occupation of a far corner of the land parcel. If nothing is done to remove him, after a certain period of time the squatter may eventually acquire legal rights over the land parcel, or part of it. Further, questions may arise as to the relationship between the formal owner of the land parcel, often a male, and other family members. What interests, if any, do women and other members of the owner's family hold in the land" Hodgson (2004).
Second, does he have a reason to believe that he has a right to be there and keep the land Hill Bob may have been given a portion of the land through title in a last will and testament.
Third, how many years has he actually lived on the land Hill Bob would be able to claim adverse possession of a portion of the land if it were obvious that he could support that claim. In Colorado, the duration of such possession is seven (7) years if the claimant claims under color of title. If the claimant does not make his/her claim under color of title, the duration of possession is eighteen (18) years. Colorado Code 38-41-101, 108, 109.
Fourth, has he ever been told by a previous owner that in exchange for work completed to the land, a portion of the land belonged to him in exchange For example in a different state, the person claiming must past three tests.
"Under the Limitations Act in Ontario, an owner's title to land can be extinguished by the adverse possession of another person for a period of 10 years. In order for an adverse possession claim to succeed, the person claiming the disputed land must meet three tests. Throughout the entire 10-year period, he or she must have:
had actual exclusive, open, and visible possession,
had the intention to exclude the true owner from possession, and
effectively excluded the true owner from possession." Aaron (2002)
In summary, if Tim sued Hill Bill and Hill Bill has been in possession of the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Business Law - land law Case Study Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1531372-business-law-land-law
(Business Law - Land Law Case Study Example | Topics and Well Written Essays - 750 Words)
https://studentshare.org/miscellaneous/1531372-business-law-land-law.
“Business Law - Land Law Case Study Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/miscellaneous/1531372-business-law-land-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Business Law - land law

Land Law

...?Running Head: LAND LAW Land Law of the United Kingdom of the of the Land Law of the United Kingdom Land law of the United Kingdom can be explained as the law of real property in England and is a significant aspect of society and its people. Land law can be further elaborated under the context of the statement, “of course it is necessary for conveyancing to be made as easy as possible, and for purchasers to be protected. However, this should not be at the expenses of beneficial interests”. For explaining this statement in relation to land law of the UK, actual occupation, Williams & Glyn's Bank v Boland (1981), City of London Building Society v Flegg (1988), Land Registration Act 2002 Schedule 3, Para 2, LRA 1925 s.70, Lloyd's Bank v...
14 Pages(3500 words)Essay

Law of Financial Services

For instance, the European Commission’s Regulation No. 1049/2001 which very specifically details rules and regulations governing the public access to European Parliament, Council and Commission documents. Article 8 of the regulation states that “personal data shall only be transferred to recipients … (b) if the recipient establishes the necessity of having the data transferred …” (Regulation 1049/2001). Although this law is not at all related to the data protection of banks and their customers, it does give us an impression of how serious the EC is in protecting the integrity of data.
In saying that the laws that we have on data protection have adequately addressed the needs of banks and custom...
6 Pages(1500 words)Article

Business Implications of Land Law

...Land Law – Advice One of the first things to consider in this instance is who is to clean the rubbish. The Council will not, because this is private land and public health and safety is not critically affected. The Environmental Protection Act of 1990 states that “it shall be the duty of any person who imports, produces, carries, keeps, treats or disposes of controlled waste…………. to prevent the escape of the waste from his control.”1 This is a duty imposed upon all businesses and the Act holds organizations responsible if they fail to properly dispose of waste. Where contracts for transfer of a business property are concerned, one of the elements that may need to be specially negotiated includes removal of rubbish It may be necessary...
7 Pages(1750 words)Assignment

Business Ethics in the Case of Timberland-City Year

The purpose of this study is to focus on the ethical considerations and dilemmas faced by the organization Timberland in terms of its coalition to City-Year and the steps that are taken and should be taken for the solution of those ethical issues.

In the merger of the two organizations, Timberland and City Year, there are many ethical considerations. To develop legal business relationships between Timberland and City Year and to consider the stipulations of the required business laws, the following ethical considerations should be deemed:
  • None of City Year’s earnings should be incurred to any private shareholder or an individual.
  • City Year cannot participate in any political campaign or...
6 Pages(1500 words)Case Study

Business Information Systems

... the monthly sales Calculating monthly cost and benefit Calculating employs salaries (over time, bonus, etc.) Data Mining for Business Performance According to (Thearling, 2009) and (Berson, Smith, & Thearling, 2000), “Data mining is the method of extracting hidden predictive information from huge databases. Data mining is a commanding modern technology with huge potential to facilitate organizations spotlight on the vital information in their data warehouses”. Data mining techniques for the business management of Club IT is aimed to position the actions through which they would be able to find out the new laws, undiscovered relations, concealed knowledge, defaulting in data in huge databases. The initial purpose of data mining at Club...
8 Pages(2000 words)Case Study

Business Administration

...Master Business Administration – Pre Admission Essay Please describe your main interests and leisure activities, and any other experiences or involvement that has significantly influenced your career or personal development. 100 Words I was born in India where Cricket is played across the country. I received my inspiration and motivation to play this game after India won the 1983 World Cup Championship. I have played this game representing my school and college in various tournaments. During my leisure time I watch the television. The channels that I generally watch are the sports, movies, and entertainment ones. I also have an interest in the technological gadgets. During my childhood, computers were the only gadgets which influenced me...
6 Pages(1500 words)Essay

The Main Threat to Small Business

When it comes to reliability factor big businesses are able to sustain because of their track record. Big businesses are able to pacify their customers using their past successful track records.
Nowadays most of the business opportunities and orders are posted online. This means that business providers need to be well integrated with supplier systems through online facilities. The infrastructure of the business model needs to be updated. But this is not an easy task for small businesses. E-based procurement is possible only with a well-maintained network on the internet. This requires a lot of financial and technical necessities which could not be supported by small businesses. On the other hand, Big businesses are well equip...
8 Pages(2000 words)Assignment

The Concept of Karma in Pure Land and Zen Buddhism

Additionally, the views regarding the concept in different cultures outside Buddhism are also included.
The concept of karma can be considered fundamental in the Buddhist religion. It is related to morality and the manner of behavior of the Buddhists which can be illustrated in the verses of the Sanskrit Dharmapada which expressed that “evil should be prevented to be able to avoid sufferings” and there is no place a person can hide to be safe from karma. This is according to the verses that expressed that “not in the sky or in the ocean’s middle…where karma does not catch up with the culprit” (Conze 83).

These verses express the importance of karma in guiding the Buddhists in th...
6 Pages(1500 words)Assignment

Law of Contract

For instance, in Partridge v Crittenden, it was held that an advertisement is tantamount to an invitation to treat (Partridge v Crittenden, 1968). However, there are exceptions, where an advertisement is considered to be an offer. An example is provided by the Carbolic Smoke Ball case. In this case, the defendant’s contention that its newspaper advertisement was not an offer was rejected by the court; as the plaintiff had complied with the terms of the offer (Carlill v Carbolic Smoke Ball Co, 1892).

Thus, the advertisement placed by Adams in the local newspaper is an invitation to treat and not an offer, as per the case law discussed above. It is to be determined, whether Adam had formed legally binding contracts...
6 Pages(1500 words)Case Study

The Relationship Between Common Law and Custom, Equity, and Books Of Authority

This follows the common law theory that cases that have a great deal of similarity should need to be dealt with similarly and decisions or court verdicts passed accordingly, although this may not be viewed as strict practice. Custom, as a historical source of law, could be said to be the legislative statutes or laws that need to be implemented from time to time, and could also be termed as statutory laws that monitor public conduct. Thus, it could be said that while regulatory laws are created and nurtured by legislations and regulations, through the executive powers enforced by executive branch agencies, this is done through the delegation of authority from the top downwards. However, in the case of common law or case law, decisi...
6 Pages(1500 words)Assignment

Analysis of Employement Law Cases

For instance, Section 82(1) of the Sex Discrimination Act 1975 provides statutory protection to workers who are working under a contract personally to execute any work or labor. It also covers self-employed people2.

Other statutes, such as the Working Time Regulations 19983 and the National Minimum Wages Act 19984, are appliable to workers, in addition to employees5. Hence, all these rights and protections are available to Fred, even if he were to be deemed a self-employed person.

Some of the more important rights bestowed upon employees by the employment law are the right to claim wrongful or unfair dismissal and payment for redundancy. Other legislation, such as the health and safety statute and the insolve...
7 Pages(1750 words)Case Study

Globalization and Business Enterprise: Climate Change

Since globalization encompasses political, economical and environmental issues, there has been much debate amongst companies on how resources are to be allocated in order to minimize climate change. Climate change is being dealt with on a global scale. The “Green investing is on the rise”, where investors are buying stocks that are environmentally friendly. New Zealand, like other countries, is supporting the cause for environmental protection by legislative measures in trade, bills regarding carbon emissions and by being part of agreements with the UN and the Kyoto Treaty.

Climate change and globalization are intricately linked. With the passage of time, many environmental issues, like global warming, have...
6 Pages(1500 words)Coursework
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 Case Study on topic Business Law - land law for FREE!

Contact Us