Land Law and Equity Problem - Free Essay Example

Sample details Pages: 10 Words: 2890 Downloads: 9 Date added: 2017/06/26 Category Economics Essay Type Argumentative essay Level High school Did you like this example? LAND LAW AND EQUITY PROBLEM Co-ownership is where two or more people simultaneously enjoy the responsibilities and rights of owning a property. From first January 1926, there exist two manifestations of Co-ownership specifically joint tenancy and tenancy in common.[1] Joint tenancy exists where four co-owners simultaneously enjoy the responsibilities and rights of owning a property. According to the law, joint tenants are considered as one person who is possessing the entire property. Don’t waste time! Our writers will create an original "Land Law and Equity Problem" essay for you Create order This is to say that they have no distinct shares in the property. Therefore, none of them can dispose their individual interest in the property through a will if they pass away. However, they enjoy the right of survivorship which occurs if one of them dies and the surviving tenants assume the interest rights left behind by the deceased.[2] Tenancy in common exists where two or more co-owners each have a distinct share of a property. They can therefore, dispose of their share of the property throughout their lifetime or when they pass away. Furthermore, these distinct shares are only a percentage of the property and not physically separated, rather it is an undivided share. Consequently, they each have a right to possess the entire property since the share is not divided. Nevertheless, none of them can exclude another from a given part of the property.[3] Advice for their interest in the cottage First of all, the five are joint tenants since they declared to have held title in trust for themselves. Additionally, legal property is held on trust for each other only in joint tenancy[4]. The five now are joint tenants with only the first four being recognised as the legal co-owners of the cottage[5]. This is only so if the first four joint tenants are of full age and able to become trustees[6]. The reason being that for a valid joint tenancy, there must exist four trustees who hold title to the cottage under a single document. Therefore, in view of the law none of them can dispose of their share of the cottage in a will. This is because of the way joint tenancy is considered to be owned by a single entity not unless the joint tenancy is severed.[7] Uniquely, joint tenancy starts and ends on the same date for all of them. Therefore, in case one of them is deceased, the cottage will lawfully belong to the four surviving tenants through survivor-ship right. This happens as lon g as the joint tenancy was not severed before the tenantà ¢Ã¢â€š ¬Ã¢â€ž ¢s death [8]. If the joint tenancy was severed before the death, then the tenant can transfer his/her share through a will or conveyance can be carried out as per the intestacy rules of the state[9]. Joint tenancy satisfies all the four unities namely possession, interest, time and title[10]. If any of the unities is broken then a tenancy in common exists instead[11]. Possession is where the co-owners are equally entitled to the whole property. This means that restriction must not exist on the property use by the co-owners. In addition, no physical property division to each joint tenants share can be there. In the case of the cottage joint tenancy, unity of possession is present. This is because the possession is entitled to all the five without exclusion of any one as a co-owner. Unity of title is present since they receive their interest in the cottage in a single document same time. The unity intere st of the five co-owners is initially present as they have identical interests before they start severing the joint tenancy. When they severe their interest starts changing duration as they start dropping out one after the other, they inhibit presence of unity of interest though their interest had been of the same manner. Therefore, the unity of interest is absent. Unity of time is absent. The co-owners title vest at the same time but the five receive their share under dissimilar conveyance. Having considered the four unities, the joint tenancy present at first is severed due to absence of unity of interest and unity of times. Severance of interest of joint tenancy of a legal estate to create a tenancy in common in land is prohibited by law. However, it does not affect the rights of a joint tenant to release his/her interest to fellow joint tenants. Consequently it does not affect the right or sever a joint tenancy in equity whether a property is vested in joint tenancy or not, so long as any tenant desiring to sever the joint tenancy in equity notified the other tenant in writing[12]. Unfortunately, the consequences of severing are irrevocable. Once one has severed his/her interest, the severing cannot be reversed In our facts, Dirk is about to sever his interest and this is allowed by law provided he notifies the other joint tenants through writing. He notifies them through writing, and his notification is left in the last known place of business as required and they fall into Shabazà ¢Ã¢â€š ¬Ã¢â€ž ¢s hands.[13] How the Proceeds of sales would be divided if the cottage was sold As earlier stated, in Joint tenantsà ¢Ã¢â€š ¬Ã¢â€ž ¢ kind of ownership, they all have equal rights to the whole property and in case one of them dies, the cottage automatically passes to the surviving tenants through survivorship right. Therefore, Dirkà ¢Ã¢â€š ¬Ã¢â€ž ¢s share of the cottage is passed to the surviving tenants namely Mitchell, Anisah and Shabaz. However, none can pass ownership of the cottage in their will. This is because joint tenants appear as an individual and thereby cannot have distinct shares in property.[14] We also know that they were registered initially as joint tenants and that they held title in trust for themselves as joint tenants. In Joint tenancy, they all have equal rights to the whole property and in case one of them dies, the cottage automatically passes to the surviving tenants through survivorship right. Correspondingly, a joint tenancy will happen in co-ownership as the lawful title of the joint tenants. Also, there is a title for the tena nts which is common via equity which represents a persons interest in the property. Now considering that some property transfer occurred from the time they purchased the cottage to the time they sold it, Elijahà ¢Ã¢â€š ¬Ã¢â€ž ¢s interest shall go to Mitchell who bought his share. Therefore, Mitchell will have a share of 40% of the sales after summing up both his share and that which he bought from Elijah. Since in joint tenancy the ownership of all the tenants ends at once, as Mitchell gets his share, Anisah and Shabaz will both have their shares too. However, since Dirk died and left all his property to Anisah, according to the Land law no one can pass property ownership to another person with or without a will. Therefore, if the joint ownership over the cottage was completely a joint ownership solely by law, then she cannot legally possess Dirkà ¢Ã¢â€š ¬Ã¢â€ž ¢s share of the sales of the property. But since in Equity they had unequal commitment to the price tag, Anisah can no w have Dirkà ¢Ã¢â€š ¬Ã¢â€ž ¢s share of the property price tag since as a friend she is allowed to possess the deceased friendà ¢Ã¢â€š ¬Ã¢â€ž ¢s property in monetary terms as in accordance with the rules intestacy. Thus, Anisah should have 50% and Shabaz 10% of the price tag. I) If the property was conveyed into their joint names but no reference to any trust was made in the conveyance In the event that an express announcement of trust is not made during procurement, the position is more entangled because when the passages at Land Registry record the responsibility for legitimate property they will not record useful interests. It can in this way be to a great degree hard to focus the share in the property that every person is qualified for if their individual shares are not recorded at the time of procurement[15]. Where a property is acquired in joint names and there is no express attestation of trust, the general supposition is that esteem takes after the law that the persons hold the property as joint tenants. In any case, taking after the late decisions in Stack v Dowden and Jones v Kernott, there is amazing powerlessness here of the law. In Stack v Dowden, the House of Lords had held that, in places which no express declaration of trust that has been made, the people will be endeavoured to be joint tenants and met all requirements for comparable shares in the property unless one individual can show that the property was wanted to be held in an unforeseen way. A broad mixed bag of parts can be considered to show this. Then again, it may be in unprecedented cases that a court will be impelled that the people arranged a choice that is unique in relation to proportionate shares[16]. In Jones v Kernott, the Supreme Court comprehensively took after the methodology in Stack v Dowden. They included that in the event that it could be demonstrated that the individuals had planned to hold the property in discrete shares, however that it was unrealistic to focus the extent of the shares they had expected to have each, then the court would need to choose what was reasonable in light of the entire course of managing between the gatherings in connection to the property.[17] In such cases, without any important agreements between the parties that show they proposed something else, their advantageous shares will mirror the measure of their c ommitments. A conveyance to a buyer of a lawful estate in land should overreach any impartial enthusiasm influencing that domain, whether he has recognize thereof, if the conveyance is made by trustees available to be purchased and the even-handed interest is at the date of the conveyance equipped for being overreached by such trustees under the procurements of subsection (2) of segment (2) section I and the statutory prerequisites regarding the instalment of capital cash emerging under a disposition upon trust available to be purchased are agreed to. Along these lines without a reference to any trust they will not be in any position to offer the cottage which is their property.[18] II) If Mitchell is adjudged bankrupt For the situation that Mitchell is pronounced bankrupt and he holds the cottage as a trustee when he is made bankrupt, then there will exist a few outcomes as takes after. The joint gainful tenure gets to be naturally severed since Mitchell is a helpful joint tenant. Any of Mitchells gainful enthusiasm for the trust on which the property is held, or in the returns of offer under such a trust, is a piece of his domain thus vests in the trustee in insolvency in understanding to segment 306 of the Insolvency Act 1986 and no points of interest of the vesting will be made[19]. Furthermore, no change exists in the lawful domain, which stays vested in the joint tenants including Mitchell. The lawful joint tenure cannot be separated (Segment 36(2) and (3) of the Law and Property Act 1925)[20]. The legitimate domain does not structure piece of the bankrupts home (segment 283(3) of the Insolvency Act 1986)[21]. No insolvency notice or restrictions will be entered on the register. On any a ir the joint tenants including Mitchell keep on being the persons who must execute the significant deed. Mitchell can apply for a Form J restriction to ensure that the cottage is not put disposition after his trustee receives the disposition written notice[22]. Additionally, if there does not exist an already registered Form A restriction in the ownership then Mitchell will be able to apply for one to be entered since the beneficial joint tenancy will have been severed by the bankruptcy[23]. A Form J or A restrictions will not keep the enrolment of a disposition to which segment 27 of the Law and Property Act 1925 (instalment of capital cash to no less than two trustees) applies, as in the accompanying sample. Mitchell held the property as beneficial joint inhabitant before the liquidation. Mitchells trustee in liquidation applies to enrol Form J and Form A restrictions. A man in compliance with common decency can buy the property or development cash on security of a lawful charge. They pull out as needed by Form J and follow Form A by acquiring a receipt for capital cash from alternate trustees. That individual takes free of the trustee to greatest advantage in the valuable investment once in the past partly owned by Mitchell. On account of the buy the transferee will be enlisted as the owner and the confinements drop; on account of the charge, it will be enrolled yet the restrictions will stay in the ownership register and Mitchell will be unable to protest the enlistment and will need to look to the enlisted owners to record for any net returns because Mitchell and the other joint tenants have the capacity to offer the property given any Form A or J restrictions is agreed to, the buyer is not influenced by the liquidation. Likewise they held the title in trust for themselves as joint tenants, it is viewed that they hold trust for Mitchell. They can make an intentional game plan as follows: In chance that the course of action contains a task o f Mitchells advantage or makes a trust for the chief then an application may be made for enrolment of a confinement in standard Form A, if it has not been selected in the register. In risk the purposeful strategy contains an errand of Mitchells profit, it is viewed as that the chief likewise applies for a restriction in standard Form II, since the trust investment will be claimed by the director and not by Mitchell. In the event that the investment is hung on trust by Mitchell for the leasers or charged to the director, it is viewed as that no manifestation of confinement, other than in Form A (if not effectively entered), can be sought unless all the enlisted owners agree to the restrictions. This is because the enthusiasm of the director or lenders will be subsidiary. While Mitchells advantage would give off an impression of being a privilege or claim in connection to an enlisted bequest (Section 42(1) (c) of the Land Registration Act 2002), the charge on or valuable interes t to his greatest advantage are one expelled from the enrolled property thus are viewed as not to be rights or claims inside segment 42(1) (c)[24]. Bibliography Bailii.org, Jones V Kernott [2011] UKSC 53 (9 November 2011) lt;https://www.bailii.org/uk/cases/UKSC/2011/53.htmlgt; accessed 17 March 2015 Bailii.org, Stack V. Dowden (Respondent) [2007] UKHL 17 (25 April 2007) lt;https://www.bailii.org/uk/cases/UKHL/2007/17.htmlgt; accessed 17 March 2015 Findlaw.co.uk, Joint Tenancy Vs Tenancy In Common Property Law (2014) lt;https://www.findlaw.co.uk/law/property/buying_property/500189.htmlgt; accessed 15 March 2015 Gov.uk, Joint Property Ownership GOV.UK (2015) lt;https://www.gov.uk/joint-property-ownership/overviewgt; accessed 15 March 2015 Gov.uk, Practice Guide 34: Personal Insolvency GOV.UK (2015) lt;https://www.gov.uk/government/publications/personal-insolvency/practice-guide-34-personal-insolvencygt; accessed 16 March 2015 Inbrief.co.uk, Legal Interests and Equitable Interests Compared: Discretionary Nature of Equity (2015) lt;https://www.inbrief.co.uk/land-law/legal-and-equitable-interests.htmgt; accessed 16 March 2015 Inbrief.co.uk, What Is Co-Ownership? : Law of Land When Does Co-Ownership Arise? (2015) lt;https://www.inbrief.co.uk/land-law/coownership-land-law.htmgt; accessed 16 March 2015 Jamesonlaw.co.uk, Contribution-Of-Equity (2015) lt;https://www.jamesonlaw.co.uk/propertylaw/contribution-of-equity.phpgt; accessed 16 March 2015 Lawsociety.org.uk, Joint Ownership The Law Society (2013) lt;https://www.lawsociety.org.uk/support-services/advice/practice-notes/joint-ownership/gt; accessed 14 March 2015 Legislation.gov.uk, Law of Property Act 1925 lt;https://www.legislation.gov.uk/ukpga/Geo5/15-16/20/enactedgt; accessed 17 March 2015 [1] Inbrief.co.uk, What Is Co-Ownership? : The Law of the Land When Does Co-Ownership Arise? (2015) [2] Inbrief.co.uk, What Is Co-Ownership? : The Law of the Land When Does Co-Ownership Arise? (2015) [3] Inbrief.co.uk, What Is Co-Ownership? : The Law of the Land When Does Co-Ownership Arise? (2015) [4] Inbrief.co.uk, What Is Co-Ownership? : The Law of the Land When Does Co-Ownership Arise? (2015) [5] Legislation.gov.uk, Law Of Property Act 1925 section 34 [6] Inbrief.co.uk, What Is Co-Ownership? : The Law of the Land When Does Co-Ownership Arise? (2015) [7] Inbrief.co.uk, What Is Co-Ownership? : The Law of the Land When Does Co-Ownership Arise? (2015) [8] Gov.uk, Joint Property Ownership GOV.UK (2015) [9] Lawsociety.org.uk, Joint Ownership The Law Society (2013) [10] Findlaw.co.uk, Joint Tenancy Vs Tenancy in Common Property Law (2014) [11] Gov.uk, Joint Property Ownership GOV.UK (2015) [12] Legislation.gov.uk, Law of Property Act 1925 S ection 36 [13] Legislation.gov.uk, Law of Property Act 1925 Section 196 [14] Inbrief.co.uk, What Is Co-Ownership? : The Law of the Land When Does Co-Ownership Arise? (2015) [15] Lawsociety.org.uk, Joint Ownership The Law Society (2013) [16] Stack V. Dowden (Respondent) [2007] UKHL 17 (25 April 2007) [17] Jones V Kernott [2011] UKSC 53 (9 November 2011) [18] Legislation.gov.uk, Law of Property Act 1925 [19] Gov.uk, Practice Guide 34: Personal Insolvency GOV.UK (2015) [20] Legislation.gov.uk, Law of Property Act 1925 [21] Gov.uk, Practice Guide 34: Personal Insolvency GOV.UK (2015) [22] Gov.uk, Practice Guide 34: Personal Insolvency GOV.UK (2015) [23] Legislation.gov.uk, Law Of Property Act 1925 [24] Gov.uk, Practice Guide 34: Personal Insolvency GOV.UK (2015)

British Airways - 3360 Words

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Right To Vote Should I Do Essay Example For Students

Right To Vote Should I Do? Essay In the constitution it says, ?the right of citizens of the United States, who are eighteenyears of age or older, to vote shall not be denied or abridged by the United States or bya State on account of age.? When asked why I think I would vote, in this upcomingelection, or any other I would have to say because it is my right. A right given to me bythe government allowing me to have a say about what goes on in our country today. IfI was eighteen I would take full advantage of the opportunity to help make the decisionof who runs our country. The statistics show that in the United States the amount of eligible voters thatactually vote is extremely low. I think this is because a lot of people think they wontmake a difference. This is the wrong attitude to have because if you dont vote youhave no right to complain. If you dont take advantage of the opportunity to have a sayin what goes on then you didnt take proper action and cant complain cause you hadthe chance to make a difference. On t he other hand there are also the people that saythey dont have time to vote but really they have plenty of time. That is no excuse. There are also a fair number of people who say they dont like either of the candidatesso they arent going to vote. I dont think this is the right view to take because even ifyou dont like the candidate maybe there is an issue that you can agree with or aparticular stand point that you can take a side on. Therefore, the freedom that is givento we, the people, to participate in the affairs of our country should be taken up on. Many wonder how to go about raising the percentage of voters. Those peoplethat think they dont make a difference should be told that there is no chance of makinga difference if you dont vote. Taking the few minutes it actually takes to put in a votecouldnt hurt and will make more of a difference than doing nothing. Potential votersthat argue they dont have the time I think they should make it available over theInternet and also extend the voting time period to accommodate more people. When I get the chance to vote, the next election, I am going to act upon myrights given to me. I want to participate in what happens in our country. Eventually,when I move out of the house all of the issues that are debated on will effect me. Ihope that I can make a difference in what happens in our country and to the people. Ihave heard a lot of my friends say that it doesnt matter because it wont effect them. That isnt true though. Issues such as, abortion, gun control, child welfare, health care,and so forth all effect the present and our future. Even if we dont have to deal withthem, our parents still do. The fact that our voting percentage has gone down over the years is very sad. Itshows how people these days dont care what happens or if they do have become toolazy to act upon it. People should become more involved and get excited about thepolitical happenings. Our country is a country people look up to and dream aboutcoming to. We dont value the fact that we have a free country and one of the fewworking democratic countries during this time. We often dont realize how lucky weare. I think sometimes a lot of people take for granted the benefits we get from ourcountry and dont realize by participating and being a good citizen how much we canimprove our system; if we take the time to assume the responsibility given to us by thetwenty-sixth amendment. It amazes me how people once fought f or liberty, justice,and freedom and now we would rather watch each other fight on TV talk showsinstead of fighting for what we believe in. It is every United States citizens right andresponsibility to participate and be involved politically. These rights are given to us forour betterment and well-being. We might as well use them and appreciate them. Bibliographyhttp://www.georgewbush.comhttp://www.dallasnews.com/specials/bush_campaignhttp://www.georgewbush.com/News.asp?FormMode=NR;ID=1756http://www.dallasnews.com/specials/bush_campaign/issues/1210bu1sh.htmhttp://www.cnn.com/2000/ALLPOLITICS/stories/04/20/campaign.school/index.htmlhttp://www.abcnews.go.com/sections/politics/DailyNews/guns000420.html

Jefferson Essays - Thomas Jefferson, Randolph Family Of Virginia

Jefferson Jefferson had destroyed political traditions. From his contradictions and defecting his priciples, Jefferson destroyed the political precedent and is a exemplatory hypocrite, which can be seen throughout his administration. Jefferson was an admired statesman who was grappling unsuccessfully with the moral issue of slavery. Thomas Jefferson, the author of the Declaration of Independence, opposed slavery his whole life, yet he never freed his own slaves. He championed Enlightenment principles, yet never freed himself of the prejudices of his soceity. Jefferson was extremely hypocritical in the issue of slavery. Jefferson was a plantation owner early in his life, and had slaves working for him throughout his life. Jefferson had tolerated while he didn't accept others who owned slaves. Jefferson denounced the slave owners, while he was owning and using slaves. Although Jefferson was supposedly a good slave owner, his hypocritical nature made him accuse others not to own slaves while he, himself was owning slaves. Another part of the hypocrisy was that Jefferson believed that the slaves were dependent upon the white man, while he, himself was dependent upon the slaves. Jefferson also was hypocritcal in his acquisition of the Loisiana territory. In Jeffersonian principles, large expansive governments were bad, and small was good. This was a antithesis of that principle. Jefferson knew that the acquisition of the Loisiana territory was beneficial to the welfare of the U.S. According to the constitution, nowhere in the constitution is the acquisition of land a right of the government, Jeffersons' predisposition was to strictly go by the constitution (as seen with the national bank controversy), this is another contradiction during his administration. Since the appropriation of the Lousiana territory was important for the expansion of the United States, he temporarily dismissed his principles, therefore destroying political traditions. Another hypocritical event during Jeffersons' administration was his acceptance of the National Bank. Early in Jefferson's political career, Jefferson had debated with Hamilton on whether to have the National Bank. "When this government was first established, it was possible to have kept it going on true principles, but the contracted, English, half-lettured ideas of Hamilton destroyed that hope in the bud, We can pay off his debts in 15 years." Early in Jefferson's Administration, Jefferson had denounced the National Bank. At the end of his administration, Jefferson realized that the National Bank was important and this is hypocritical by disregarding his principles. The Burr conspiracy depicted Jefferson as a ruthless, and a individual who will do anything inorder to achieve his goal. Jefferson championed civil liberties and unalienable rights. Yet, Jefferson violated civil liberties by coercing witnesses, arrested with out habeus corpus and prosecuting in a "court" of his own. Jefferson and Jeffersonians are hypocrites from the start and they destroyed political tradition as seen during Jeffersons' administration. Jeffersonians show an immense amount of hypocritism in their policies. For example, Federalists had supported high tarriffs, inorder to protect national manufacturers and American industry. The tarriffs were a vital determinent, which kept the economy of the United States viable. The Jeffersonians, not the Federalists began the American system of protecting American industry, which initially was a major constituent of the federalist platform.