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Legal Law Of Property Act
'The certainty and stability afforded to the law of property by imposing a limit on the number of permissible legal estates are seriously undermined by
the existence of a seemingly endless number of equitable interests'.
Land law today only consists of two legal estates, the fee simple and the leasehold. A fee simple constitutes the right to use and enjoy the land for the
duration of the life of the owner and that of his successors. A leasehold estate comprehends the right to use and enjoy the land exclusively as the
owner for a stated period of time. These titles only encompass the legal interest in land law, although another form of interest can be formed through
equity (equitable interests). An equitable interest is where one has obtained a title which is not legal and not in possession of the legal title, yet, equity
will provide a remedy to ensure fairness within the law. The purpose of the Law of Property Act (LPA) 1925 in imposing a limit on the legal estates
was to develop a system which was fair to a purchaser in the sense that he would be able to purchase a legal estate free from any beneficial interest
which affected it, and that one knew about any interest or encumbrances subject to which one would take. However, commentators suggest that the
failure of the LPA 1925 in limiting the number of equitable interests has undermined the purpose of certainty and stability of the act. In pursuance of
determining whether the certainty and stability afforded to the
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Property Law Servitudes
Dear Madam,
Praedial servitude – limited real right
The servitude pertinent to this matter is a praedial servitude, relating to two pieces of land, adjacent to each other. A paedial servitude is established
over the servient property (The Trust) for the benefit of the dominant property (UCT) in perpetuity. A right of way typically confers a real right to
benefit from the property of another. It affords powers of use and enjoyment to someone other than the owner. Section 63(1) of the Deeds Registry
Act tells us that limited real rights are capable of registration. This particular right of way, in favour of UCT, is therefore enforceable against the Trust
as it appears to satisfy the requirements for a valid praedial servitude and...show more content...
The relationship between the dominant and servient owners is governed by the principle of reasonableness. Where there is a conflict of interests, the
interests of the dominant owner will have precedence over those of the servient owner, subject to the principle of reasonableness. The Holder of the
servitude must exercise the servitude civiliter modo, that is, in a civilized and considerate way. This does not mean that the dominant owner is
restricted in exercising the servitudal rights merely because to do so would detrimentally affect the servient owner. It follows however that the holder
of the servitude may not increase the burden on the servient property beyond the express or implied terms of the servitude.
One must therefore examine the rights and obligations that arise from the servitude, as governed by the aforementioned principle of reasonableness,
paying attention to the factors responsible for the footpath's state of disrepair. In the light of this second contributory factor, should the Trust approach
a court for a declaration of rights, arguing that UCT has failed abide by the principle of civiliter modo, such a court has the power to enforce specific
duties by way of an interdict.
ii. Restoration and extinction
Pradial servitudes are indivisible, which means that they

Property Law Questions
There are two distinct types of property: real property and personal property. Real property is land and buildings on land. Examples of real property
include houses and apartments. Personal property are valuable items that are not attached to a piece of land. Personal property includes items such as
furniture, jewelry, computers, and clothing. (Sprankling, 2012)
Eminent domain is the legally permitted takeing of private property for public purposes (Kerekes, 2011). While I was living in Arizona, an eminent
domain issues was actually voted on in the city of Mesa. The city of Mesa wanted to improve the overall value of the downtown area by demolishing
some old neighborhoods and building a sports and aquatic center instead. The people voted for the demolishing, so all of the home owners were paid
fair market value for their homes and required to move.
Adverse possession is a "method of gaining legal title to real property by the actual, open, hostile, and continuous possession of it to the exclusion of
its true owner for the period prescribed by state law." (West's Encyclopedia of American Law, edition 2). The elements of adverse possession are:
Actual possession, hostile to the owners, continuous possession, and for the prescribed statutory time. With regard to the current foreclosure crises, it
has forced the banks to ensure timely foreclosure actions taken on all properties to prevent any encroaches (Urban, 2013).
An example of a private nuisance could be a neighbor

The World Of Property Law Essay
Abstract The purpose of the paper research is to identify the world of property law that remains confusing to quite a number of people regarding
personal and real property. Due to this confusion, a number of disputes arise when parties fail to reach an agreement especially when the seller
includes the item in question as part of the sale of the realty and the buyer has a different view. This research will identify five examples of fixtures
and real property in my house that will be enlightening especially pertaining the two gray areas. The research will also look at the determination made
by commercial law pertaining to the evaluation of real property and fixtures and the exceptions when applying such tests. In the research, it will
highlight the question of figuring out what fixtures are and the significant importance or raise this question with regards to the increase in the number
of disputes associated with property law in case the value of the personal property exceeds the real property value. Finally, the research will identify
different scenarios that may give rise to disputes regarding personal property and fixtures and how these fixtures are identified using different tests
conducted by the property law courts in order to come to a consensus. Table of Contents Abstract2 Introduction4 Classification of Fixtures and Personal
Property in a house5 Determining Fixtures and Personal Property5 Agreement of the Parties5 Parties' Intent6 The Attachment Method6

Intellectual Property Essay
Intellectual property (IP) rights are legally recognized rights to developments of the owner. Under the intellectual property law, owners are given
exclusive rights to an assortment of elusive possessions, such as literary, musical and artistic works; inventions and discoveries; and phrases words
designs and symbols. Common types of intellectual property rights may include copyright, trademarks, patents, industrial design rights and trade dress.
Patent
A patent is a right given to the owner of an invention that restricts others from making, using, importing or selling the invention without his or her
permission.
A patentable invention can be a product or development that gives a new technical solution to an existing problem. It can...show more content...
You can also use trade mark to help you raise equity for the growth of your business.
If you successfully register a trade mark, you are allowed to use the В® symbol next to your mark. Another standard symbol associated with trade
mark is в„ў в€’ this shows that the mark is being used by the company as their trade mark but it does not mean that the mark is enlisted or secured
under the trade mark law.
Copyright
Copyright protects works like novels, computer programmes, plays, sheet music and paintings. Conventionally, the author of a copyright work has the
right to reproduce, publish, perform, communicate and adapt his work. These exclusive rights establishes what are called copyright and enables the
owner to control the commercial exploitation of his work. This law is useful towards businesses as other people are not able to use your work without
your permission.
Patent is right given to its owner that restricts others from using, making, importing or selling the owner's invention without his/her permission.
Therefore, people cannot make something that the owner has invented without his or her permission. This is useful for inventors that invents new
invention that protects it from others.
Trademark is sign that business owners can use to differentiate their goods or services from other business owners. When registered no other business
can use your trademark.

Property Laws Essay
http://www.thebluediamondgallery.com/tablet/images/claim.jpg We're all here on this earth using what we have. We've been taught that things we
are given are ours solely to use for our own personal use and so we identify that with ownership. For instance when you're born there is a piece of
paper created and somewhere along the way someone hands it to you and you believe that's yours. You're told what your name is. It's that is also
yours but the thing about it is its intellectual property. It's owned by someone else. Under use of property laws everything created is owned by
someone else. https://c2.staticflickr.com/4/3363/3311100676_b996889884_z.jpg?zz=1 To put it a simpler way, I have nothing to do with anything
that's out there at all...show more content...
https://media.defense.gov/2016/Aug/08/2001598245/670/394/0/160805–F–DL164–001.JPG Here's the key the world is under martial law. It has
already happened and it's over with, at least since World War One. Here in the USA we were the model for the New World Order of martial law.
When we had Civil War the Lieber code was enacted. It's the law that the military has to follow. Within that code there's an article that says during war
times the soldiers will protect the peaceful inhabitants. This code was reenacted under the League of Nations renamed The Hague Convention. The
same rules still apply today. The peaceful inhabitants are non combatative users of property. In 1933 with the creation of the birth certificate and the
Social Security number no one ever had to charge anyone else for anything else ever again. No one is liable. https://image.slidesharecdn.com
/lightandshadowcourtsandcountycourtsdistrictsa–140811123049–phpapp02/95
/light–and–shadow–courts–and–county–courts–districts–84–638.jpg?cb=1407760438 Source: /uniquelee
/light–and–shadow–courts–and–county–courts–districts It's called social insurance. The reason this was done is we were at that time using gold and
silver. People were accountable and things before. The Social Security and the birth certificate and that was damaging our brothers and sisters. We were
accusing our brothers and sisters and creating more harm than

Transfer of Property Law
Standing Timber
1.Marshall v Green – (1875–76) L.R. 1 C.P.D. 35
In the case, the defendant purchased some growing trees, by word of mouth, on the terms that he would remove them as soon as possible. Later, when
the defendant cut down some trees, the plaintiff countermanded the sale and prohibited the defendant from cutting the remaining. However, the
defendant still cut them and carried them away. It was not denied by either party that there was a verbal contract. However, the question here was
whether the contract was required to be in writing under the Statute of Frauds. The issue was whether there has been a transfer of interest in land (in
which registration is compulsory) or whether it was a mere sale of timber.
The Court held...show more content...
The State contended that the subject matter was goods, so it had legislative competency. However, the respondents' contention was that the law tries to
create a new class of goods not known to the law. This was beyond the legislative competence of the state and hence, unconstitutional. The court held
that the right to fell, cut, obtain, remove bamboos from forest areas for the purpose of converting it into paper was profit a prendre taking into
consideration the duration of the contracts and the ancillary rights granted (like right to collect timber, fuel & other forest produce) . Also, the court
held that it cannot be viewed as a composite agreement, one which relates to standing bamboos and is movable property and the other related to
bamboos that will come into existence in future . The right is integral and

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Legal Law Of Property Act

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