Covenants, Leases and Possession - Free Essay Example

Sample details Pages: 5 Words: 1368 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? A. Whether the covenants in the head lease are binding on Jabba. To begin with, it is imperative to note that, once a lease has been assigned to the new tenant, they are liable for their breaches of covenant. However the solution to this query depends on whether the assignment of the lease complies with the criteria stipulated in Spencerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Case (1583) (5) Co Rep 16a[1]. These requirements are as follows: Don’t waste time! Our writers will create an original "Covenants, Leases and Possession" essay for you Create order There must be privity of estate between the parties, that is, a relationship between the current property owner and current tenant. There must be a legal lease. The lease must have been assigned legally. The covenant must touch and concern the land. In this matter, the lease inter alia meets all the above criteria. Consequently, the covenant in the head lease is legally binding to Jabba. Esmeralda has not received any rent from Jabba for at least ten months. The characteristics of a lease were laid down by the House of Lords in the case; Street v Mountford [1985] AC 809.Lord Templeman stated: à ¢Ã¢â€š ¬Ã…“To constitute a tenancy the occupier must be granted exclusive possession for a fixed or periodic term certain in consideration of a premium or periodical payments.à ¢Ã¢â€š ¬Ã‚  However, in yet another case law; Ashburn Anstalt v Arnold [1989], contradictory to Street v Mountford [1985], it was concluded that the payment of rent is not a requirement[2]. This is because it is not contained in the definition in section 205(xxvii), LPA 1925. From that standpoint, the best manner in which Esmeralda can resolve this matter is through the forfeiture of the lease: Forfeiture of Leases When a property owner forfeits his tenantà ¢Ã¢â€š ¬Ã¢â€ž ¢s lease, he effectively revokes the lease, leaving the tenant with nothing. In order for the property owner to forfeit the lease, there has to have been a breach of contract and a forfeiture clause in the lease. It is solely up to the property owner as to whether he/she will forfeit the lease. A lease may be rendered forfeit either for: Non-payment of rent. Breach of other (non-rent) agreements. In this matter, Jabbaà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to pay rent for ten months is enough ground for Esmeralda to render the lease forfeit. Esmeralda has yet to receive any advertising advice from Jabba. As mentioned in the matter above, for the property owner can forfeit the lease where there is a breach of other (non-rent) covenants. However, we need to consider in what circumstances covenants become enforceable between the old property owner and a new tenant. The answer to this query depends on whether the assignment of the lease complies with the criteria from Spencerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Case (1583) 5 Co Rep 16a. According to the fourth requirement of Spencerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Case (1583), à ¢Ã¢â€š ¬Ã‹Å"the covenant must touch and concern the land.à ¢Ã¢â€š ¬Ã¢â€ž ¢ In a related case, Lord Oliver formulated rules that provide a working test that determines whether a covenant touches and concerns the land. A covenant touches and concerns the land where: The covenant benefits only the reversioner for the time being, and if separated from the reversioner ceases to be of benefit to the covenantee. The covenant affects the quality, mode of user, value, or nature of the land of the reversioner; The covenant is not expressed to be personal. The fact that a covenant is to pay a sum of money will not prevent it from touching and concerning the land so long as the three conditions are satisfied and the covenant is connected with something to be done on, or in relation to the land[3]. According to part à ¢Ã¢â€š ¬Ã‹Å"d)à ¢Ã¢â€š ¬Ã¢â€ž ¢ above, the covenant demanding that Jabba provide Esmeralda with advertisement advice is enforceable considering it does touch and concern the land. Jabbaà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to comply with the covenant is therefore tantamount to breach of contract. Esmeralda therefore has ground to sue Jabba for breach of contract in this matter. B. Adverse Possession. Adverse possession, commonly known as à ¢Ã¢â€š ¬Ã‹Å"squattingà ¢Ã¢â€š ¬Ã¢â€ž ¢, involves possession of land that is incompatible with the title of the owner. This leads to the adverse possessor gaining title to the land[4]. There are various essential determinants for evidence of adverse possession illustrated as follows: Proof of adverse possession In this matter, Esmeralda, clear to the world and to the exclusion of others, demonstrated her intention to possess the piece of land in dispute. The intention to possess can be demonstrated by conduct provided it is unequivocal and indicates that the squatterà ¢Ã¢â€š ¬Ã¢â€ž ¢s intention to possess the land has been made open to the world[5]. Relevant case law would be; Prudential Assurance Co Ltd v Waterloo Real Estate [1999] EGLR 85[6]. Running of the necessary time period According to section 15 of the Limitation Act 1980, once 12 years have elapsed, the owner is barred by statute from suing the squatter to recover the land. Note that the Land Registration Act 2002 only applies to unregistered land. In this matter, the land in question had been registered under Anakimà ¢Ã¢â€š ¬Ã¢â€ž ¢s ownership. Under section 17 Limitation Act 1980, after 12 years of adverse possession the registered proprietorà ¢Ã¢â€š ¬Ã¢â€ž ¢s title is extinguished. The squatter, at this point is allowed to apply for registration as the registered proprietor of the land at the Land Registry[7]. NOTE: The squatter must prove that he/she has both factual possession and animus possidendi[8]. Esmeralda displayed both when she used the piece of land to plant her crops. Being such a small piece of land, it is reasonable to conclude that she used the land for the same purpose that Anakim would have used it for (Factual Possession). Concurrently she made it known to the world tha t she intended to possess that piece of land (Animus Possidendi)[9]. In addition, Anakim, the registered proprietor, delayed 18 years in making an objection regarding the fence erected by Esmeralda while the stipulated time period within which an objection is allowed is 12 years[10]. Anakim therefore has no legal claim to the land. Esmeralda would be within legal confines applying/obtaining registration for the piece of land at the Land Registry. Section 15 of the Limitation Act 1980 states,à ¢Ã¢â€š ¬Ã‹Å"no action shall be brought by any person to recover any land after the expiration of twelve years from the date on which the right of action accrued to himà ¢Ã¢â€š ¬Ã¢â€ž ¢. On the other hand, Schedule 6 para 5 Land Registration Act 2002 stipulates that: à ¢Ã¢â€š ¬Ã‹Å"Where there is a counter-notice within the specified time limit, then the squatters application for registration will be rejected unless that squatter satisfies one of the three conditions set out in Sch edule 6 para 5 Land Registration Act 2002: Where the registered proprietor is stopped from objecting. In this matter Anakin has been stopped from objecting under section 17 of the Limitation Act 1980; after 12 years adverse possession the à ¢Ã¢â€š ¬Ã‹Å"original ownersà ¢Ã¢â€š ¬Ã¢â€ž ¢ title is extinguished. Where the squatter has some independent right to the land. Where (i) the squatter owns neighboring land and (ii) the boundary is unclear and (iii) for at least 10 years the squatter reasonably believed that the land belonged to him and (iv) the land has been registered for at least a year[11]. Esmeralda meets the first and third criteria. Having established that, the defendant, Esmeralda has the ground to apply for proprietorship over the disputed piece of land. Bibliography Books Martin Dixon, Modern Land Law, 8th Ed A |2012| Adverse Possession. Peter Butt, Land Law, 6th Edition |2009|Lawbook Co., AUSTRALIA. Roger SextonBarbara Bogusz, Land Law |2011|Oxford University Press. Legislation Land Registration Act 2002 Law of Property Act 1925 Limitation Act 1980 Cases J.A.Pye (Oxford) v Graham [2002] 3 WLR 221 Powell v McFarlane [approved in J.A.Pye (Oxford) v Graham [2002] 3 WLR 221 Swift Investments Ltd v Combined English Stores Group Ltd [1989] AC 362 [1] A lease contained an agreement that the tenant would erect a wall. The lease however was assigned twice. The court ruled that the burden of lease agreements that touch and concern are passed to the assignees of that lease. [2]Law of Property Act 1925 [3]Swift Investments Ltd v Combined English Stores Group Ltd[1989] AC 362 [4]Peter Butt, Land Law, 6th Edition |2009| Law book Co., AUSTRALIA. [5]Martin Dixon, Modern Land Law, 8th Ed |2012| Adverse Possession. [6]à ¢Ã¢â€š ¬Ã‹Å"The squatter need not intend to own, only to possess the land.à ¢Ã¢â€š ¬Ã¢â€ž ¢ [7]Sexton and Bogusz, Land Law |2011| Oxford University Press. [8]J.A.Pye (Oxford) v Graham [2002] 3 WLR 221 [9]Powell v McFarlane [approved in J.A.Pye (Oxford) v Graham [2002] 3 WLR 221. [10]Limitation Act 1980.s.15 [11]Limitation Act 1980.s.17.

Prostitution in the 19th and 20th Centuries Essays

During the late 19th- and early 20th century, the nature of society forced the working class women of America to take advantage of any means to support themselves, including prostitution. Each woman had to decide herself which work option best supported her financially. During this time, women had limited options as far as work was concerned. As time went on, more and more women were forced to work, because they had no husband and no other means of building up a dowry for a husband. By 1910 the wage labor force was made up of about 20% of women as young as fourteen. The wages these women earned were unbelievably low, and at times as much as 80% lower than the wages men earned. Possible job opportunities for the women included†¦show more content†¦Through prostitution, the women also had more independence. They had the right to control when they worked, and who their clients were. Their health was better protected as well. 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Management Decision Making Free Essays

A Good Decision Making is the advantage of linking with Xiu. com for eBay. They link with each other because they have a common business idea and goal. We will write a custom essay sample on Management Decision Making or any similar topic only for you Order Now However, a good decision making is very important to achieve the business goal. Decision-making are important skills for business. Problem-solving and decision-making are linked. They also require creativity in identifying and developing options. SWOT analysis and PEST analysis are very useful to help decision-making and problem-solving. SWOT analysis can help to assess the strength and weakness of the companies, and opportunities and threats of external factors. PEST analysis can help to assess the potential and suitability of market. Good decision-making requires some skills. For example, creative development and identification of options, clarity of judgement,firmness of decision, and effective implementation. Moreover, Partnership companies need to have consensus in decison-making, workshops can help and include those tools and process. Problem Solving and Decision Making) There are six steps for companies to make deicison. First, define the problems. Second, combine all the facts and understand the reasons. Third, think about some possible solutions. Fourth, consider and compare the advantages and disadvangatages of the possible solutions. Fifth, select the best solution. Sixth, explain your decision to employee sand follow up to make sure the effective implementation. When the partnership companies make the dec isions, Xiu. om and eBay can share the risks,costs and the loss(or profit). Also, they can have more sources of capital to put into the busines and make a better decision to have more potential for growth. They can less their problems in financial investment. They can support each other,make a good decison and solve the problems in business together for the betterment of the company. eBay and Xiu. com the partners have different skills because eBay provides service to US people and Xiu. com provide service to mainland people. When hey work together, their skills and talents compliment each others can make a good business team because they have more information and knowledges to make a good decision. Partnership companies always have delay when they make decision because they need to consider the partners and need to have their partners’ agreement. Also, the most obvious disadvantages of partnership is the danger of disagreements between the partners. The companies will have d ifferent ideas when they make the decisons about how business should run. Disagreements and disputes can harm the business and the relationship of partners. There are many families and friends go into business together and they all ends badly because they have many agruements when they make decisions. (Advantages and Disadvantages of Partnership) The companies need a big amount of capital when they make the decision. However, one of the partners can take all the capital in company. It has a lot of risks to have partnership with others. Recommendation: There has a lot of competitors in e-commerce service provider. For example, Tmall. com is a big competitor to eBay. com and Xiu. com when they link up because Tmall. com is the mainland’s largest business in e-commerence service provider. To solve this problem, eBay and Xiu. com can make a good decison. eBay can connect the online shoppers in mainland to some trusted sellers in the United States and Xiu. com can handle the sales, logistics and customer services to mainland customers. This decision can help them gain more customers around the world, have a larger profit in thir business and fight against the competitiors. To avoid the disagreements and disputes problems, the companies should draft a decision plan during the formation to make sure everyone know the procedures and the information of the decisions. They should have a good communication to help them not to delay and make mistakes when they make decisions. To avoid working with dishonest partners, they should choose a trustworthy partner,plan well and keep a good relationship with your partners. It can help each other to catch up the business and develope the trust. Also, it can help them to have better communication and it can have less agruements when they make the decisions. How to cite Management Decision Making, Essay examples Management Decision Making Free Essays A Good Decision Making is the advantage of linking with Xiu. com for eBay. They link with each other because they have a common business idea and goal. We will write a custom essay sample on Management Decision Making or any similar topic only for you Order Now However, a good decision making is very important to achieve the business goal. Decision-making are important skills for business. Problem-solving and decision-making are linked. They also require creativity in identifying and developing options. SWOT analysis and PEST analysis are very useful to help decision-making and problem-solving. SWOT analysis can help to assess the strength and weakness of the companies, and opportunities and threats of external factors. PEST analysis can help to assess the potential and suitability of market. Good decision-making requires some skills. For example, creative development and identification of options, clarity of judgement,firmness of decision, and effective implementation. Moreover, Partnership companies need to have consensus in decison-making, workshops can help and include those tools and process. Problem Solving and Decision Making) There are six steps for companies to make deicison. First, define the problems. Second, combine all the facts and understand the reasons. Third, think about some possible solutions. Fourth, consider and compare the advantages and disadvangatages of the possible solutions. Fifth, select the best solution. Sixth, explain your decision to employee sand follow up to make sure the effective implementation. When the partnership companies make the dec isions, Xiu. om and eBay can share the risks,costs and the loss(or profit). Also, they can have more sources of capital to put into the busines and make a better decision to have more potential for growth. They can less their problems in financial investment. They can support each other,make a good decison and solve the problems in business together for the betterment of the company. eBay and Xiu. com the partners have different skills because eBay provides service to US people and Xiu. com provide service to mainland people. When hey work together, their skills and talents compliment each others can make a good business team because they have more information and knowledges to make a good decision. Partnership companies always have delay when they make decision because they need to consider the partners and need to have their partners’ agreement. Also, the most obvious disadvantages of partnership is the danger of disagreements between the partners. The companies will have d ifferent ideas when they make the decisons about how business should run. Disagreements and disputes can harm the business and the relationship of partners. There are many families and friends go into business together and they all ends badly because they have many agruements when they make decisions. (Advantages and Disadvantages of Partnership) The companies need a big amount of capital when they make the decision. However, one of the partners can take all the capital in company. It has a lot of risks to have partnership with others. Recommendation: There has a lot of competitors in e-commerce service provider. For example, Tmall. com is a big competitor to eBay. com and Xiu. com when they link up because Tmall. com is the mainland’s largest business in e-commerence service provider. To solve this problem, eBay and Xiu. com can make a good decison. eBay can connect the online shoppers in mainland to some trusted sellers in the United States and Xiu. com can handle the sales, logistics and customer services to mainland customers. This decision can help them gain more customers around the world, have a larger profit in thir business and fight against the competitiors. To avoid the disagreements and disputes problems, the companies should draft a decision plan during the formation to make sure everyone know the procedures and the information of the decisions. They should have a good communication to help them not to delay and make mistakes when they make decisions. To avoid working with dishonest partners, they should choose a trustworthy partner,plan well and keep a good relationship with your partners. It can help each other to catch up the business and develope the trust. Also, it can help them to have better communication and it can have less agruements when they make the decisions. How to cite Management Decision Making, Papers

The church on homelessness Essay Example For Students

The church on homelessness Essay The church on homelessness Essay The view of the church to the homeless is generous and envangelistic commitment. The church also shows a special love for the poor. The church just being there and its charitable help for the homeless shows what God would want the church to do for the homeless. The church is very conscious that the lack of decent housing threatens the poor. The church is grateful for the creation of organizations that help to make the right to housing possible for many homeless people. Examples of such organizations are shelters and witness of the local churches. Pope Paul VI himself personally promoted a program aimed at providing housing for some families who were living in a Roman slum. The concern of the church for housing for the homeless comes from three ideas: 1) Adequate housing is important if a person is to find fulfillment, both as an individual and as a member of a family and society. 2) The witness that the church seeks to give in helping in the search for a solution to the problems of the poor is a sign of the presence of the kingdom of salvation and liberation. 3) The mission of the church also consists in helping to make society more human. The Catholic Church agrees with these three ideas and also makes its own judgement on the suffering of these millions of people. From the time of the earliest Christian communities, the church has always shown a preference for the poor, the needy, and on the outcasts of society. The way that the church insists on reaching out to the poor through mission collections, food pantries, and shelters shows the preferential love that the church has for these people. The church has always appealed to government programs set up to help the poor and has always supported cities to set up housing programs in the poorest areas As long as there are people without housing, Christians who have dwellings are called upon to assist homeless persons to provide for their basic needs. Many church congregations and ministry organizations of the Catholic Church in America offer food, shelter, respect, care, and counseling to the homeless. Many volunteers help in food pantries, shelters, group homes, and other forms of service with the homeless. The Church as a whole has made a very positive impact in the effort to eliminate homelessness. .