Land Law Essay Example | Topics and Well Written Essays - 2500 words

Land Law - Essay Example This paper will analyze a case scenario which involves situations of easement rights, mortgage laws, and restrictive easements. Easement rights In English law, easement is an individual’s right over another’s land. In other words, â€Å"an easement is a right over one piece of land existing for the benefit of another piece of land† (plainlaw solicitors). The common easement rights recognised include the right to use way/driveway or light, the right to park a car on neighbour’s land, or even to use a neighbour’s lavatory. Some recent findings of the Law Commission indicate that at least 65% of registered freehold titles are subjected to easement rights (Law Commission & Ministry of Justice 2011). Although people have extensive easement rights under English law, land owners are not allowed to access a public highway without an easement right under certain circumstances. In order to claim an easement right successfully, the claim must meet the requirem ents of the common law definition. Danckwerts J in Re Ellenborough Park (1956) set forth four essential characteristics of an easement. The first essential feature of an easement is that ‘there must be a dominant and a servient tenement’ (Bailey 2012, pp. 205-207). ... It is particularly important to note that a claim of easement cannot be justified if the dominant and servient tenement come under a common ownership. Fourth, ‘the right claimed must be capable of forming the subject-matter of a grant’. It is the most complex characteristic of an easement and it must be definite and certain in its purpose (Ibid, pp. 205-207). Generally an easement is created in four different ways such as express grant or reservation, implied grant or reservation, prescription, and statute (NPC, n.d.). In most cases, easement rights are expressively created in a transfer document, and it is called easement creation by express grant or reservation. In case of creation of easements by implied grant or reservation, the right may be implied. The right to use way across the surrounding neighbour’s land to the public highway is an example of easement creation by implied grant/reservation. Sometimes an easement right will be created or granted following an open and unchallenged exercise for a long time. To illustrate, the right to use a way will be granted if the way has been uninterruptedly used for a long time (a minimum of 20 years). Finally, an easement right may be created by statute also. From the case scenario, it is clear that Anne sold a part of her land to Mike and Zara, who subsequently gained planning permission to convert an existing stable on the land. Here, it seems that Anne cannot prevent Mike and Zara from using the driveway that crosses her land because it is the only practical way to access the stable. The case context clearly says that the badly maintained country road is not a possible option for Mike and Zara. While analyzing the case, it is obvious that Mike and Zara

Reading response Essay Example | Topics and Well Written Essays - 500 words - 26

Reading response - Essay Example The meaning, that is used by Shames regarding the American culture, is that having more is and has been an essential idea of the country. From my reading of â€Å"The More Factor†, Shame has the opinion that it is already part of the culture of Americans to desire for more, however, I should say that most people desire for more in their lives and not only Americans. This is true because even me I desired and still desire for more in my life. Most of all, I felt greatly surprised by what Shames described as like Americans have lost focus in what is very important as he says â€Å"Americans have been somewhat backward in adopting values, hopes, ambitions that have to do with things other than moreâ€Å". It surprised me because all, what Americans have done, is to find ways to grow and expand. Shames puts it out clearly that lost focus because they became selfish and greedy since they only bothered to help themselves and not others. In any event in 1800,s the speculators built towns and would pay individuals to move into their town and provide for them a home to live in. The fact of the matter was to build the railroad for a real town to develop. I feel that the idea of "more" is not such a terrible thing. I mean it is useful for individuals to need to have a better life and succeed, to goals and aspirations. However, it is my opinion that everything ought to have a limit, or in any event, we ought to know when to stop and enjoy life. I believe that everybody needs to live a life that is full of commodities. I do so as well. I need to go to visit new places around the globe, have things I didnt have and provided my family a home, as well as a better life. Shames’s idea of the concept of more reminds me of my childhood friend. We used to share a lot, do almost all things together; however, the guy did not accept defeat. He was ever competing and always liked to be in the front line in everything. I used to pity him because no