In the case of Casimaty v FCT 97 ATC 5135, the taxpayer was doing fencing and farming business, which his father inherited an amount of 998 acres land that was known as “Acton View” (Australian Tax Casebook p.162). He then purchased another 40 acres of land, which he built a homestead. As time goes by, he suffered some sort of difficulties as there were drought, severe financial debts, and as well as poor health condition. As he had no alternatives, so he decided to sell-off portions of the land from time to time as to reduce the burden of his debt. There was a series of eight subdivisions and a large portion of property was sold.…
The court referred to previous cases and one in particular, Tonkovic vs. State Farm Mutual. The insured again had requested a disability policy that would pay home mortgage if he became disabled. The insurance agent who was aware of what was being requested, did not make an attempt to inform Tonkovic that this policy would not coincide with the coverage that was being…
Section 1031 provides the conditions for involuntary conversion of property with the first condition being when the property is destroyed by a destructive event such as fire. Mrs. Lynn indoor soccer arena is completely destroyed by fire, representing an inventory conversion. In such an event, the exchange associated with the conversion will result in either loss or gains on the transaction that attracts transaction at sale. Complete destruction means absolute loss, which is equivalent to the value of the property. Mrs. Smot had valued the indoor soccer arena at $833,400, which represents her loss following the destruction.…
This case is between Joseph Gupton and Village Key & Saw Shop, Inc. In this case it delineates that Gupton had owned a locksmith-alarm business. However, in 1989, the business started to go downward due to financial problems, so Village Key decided to buy the business from Gupton. They took over the bills and accounts and signed a promissory note.…
FACTS Teri entered into a contract with Jack to sell her home for $300,000. After the parties sign the contract; Teri learns of a Boston municipal rule that all firefighters must live within the Boston city limits. Teri then calls Jack to back out of the contract to sell her house, because of the municipal rule. Jack is asking the judge for specific performance, to force Teri to sell the house in accordance with the original contract. Teri argues that, although specific performance is usually appropriate in land sale contract cases, the judge has the discretion to deny specific performance.…
Question Presented Lyanna Snow entered a contract to sell Old Snow Place to Walter Bolton. The contract contained blank spaces for the page numbers of a book where the specific land description could be found. Is the contract valid? Brief Answer…
In the Kelo v. New London court case, Suzette Kelo and eight petitioners opposed a eminent domain taking “projected to create in excess of 1,000 jobs, to increase tax and other revenues, and to revitalize an economically distressed city” (“Kelo” 472). Suzette Kelo claimed the “extensive improvements” that she had made on her house justified her ability to block this development plan (476). Others claimed that their “investment properties,” because they were not “blighted or otherwise in poor condition,” could not be taken by the government (476). Do Kelo’s and the other defendants’ claim to their property through proper maintenance and labor supersede the governments right to repossess the properties for economic development?…
According to Grenier, the Tolmans sought other counsel to conclude the transaction with Farmer, and “public record reveals that Frank W. Tolman Sr. signed a discharge of the mortgage on September 20, 2013 indicating payment in full of the mortgage at that time.” Tolman Sr. alleges that during the sale, Grenier submitted notarized paperwork that he and his wife did not sign, and that the final price of the property was never discussed with him. Additionally, he asserts that Grenier has put him at risk for being sued by Farmer due to a “cloudy title”, and that Grenier’s actions have opened him up to a tax audit by several different agencies. RESPONDENT’S…
The Defeat of Land Reform (pp. 494 – 495) 11. What were the primary goals of the Radical Republicans concerning land reform, and how successful were they? (Be specific in your response) The Radical idea of confiscating Southern lands and distributing them to the freedmen had powerful supporters. Thaddeus Stevens of Pennsylvania and Charles Sumner stated that taking away Southern lands will destroy the power of the agragarian economy and will be beneficial for the black civil rights.…
The document being analyzed is a short excerpt from the manor court in medieval Europe which records the workings of a property dispute over the ownership of land that belonged to the deceased Alan Poleyn. This document reflects the importance in hierarchical succession in land rights, the role of minors in landownership, and the political schemes that went into acquiring land in medieval society. The document highlights the importance of family land succession in medieval society when “the whole township of Brightwaltham has sworn along with the whole township of Conholt say upon their oath that Huge Poleyn has better right to hold the said tenement than anyone else has, and that he is the next heir by right of blood” (Maitland, 1889).…
Nuisance can be separated into private, public and statutory nuisance. Private nuisance is “ the unreasonable use of man of his land to the detriment of his neighbour (Miller v. Jackson [1977] QB 966 (CA); 3 All ER 338) and can only be claimed by the individual affected that has an interest in the land . The potential defendants can be the creators of the nuisance, regardless of whether they are also the occupiers of the property .…
Despite the imposing and ultimate title of dominium, there were several restrictions on Roman ownership. Most of these were prompted by the Twelve Tables. In both the classical and Justinian period, laws were promulgated that were State-sanctioned that prescribed restrictions for what one may do with one’s own property. The restrictions placed on landowners will now be considered, followed by the restrictions prompted by the owners of the property themselves. The aforementioned restrictions were all sanctioned by law, but the third category of restrictions that will also be discussed was implemented by the Roman society.…
ADVERSE POSSESSION IN UNITED STATES OF AMERICA William Shakespeare constructs his building some 5 feet into D.H.Lawrence’s land. D.H.Lawrence knowing this, made no objection. Can Shakespeare become the owner to D.H.Lawrence’s land? This question was asked by my law school professor in a seminar.…
13. INSPECTION OF PREMISES. Lessor and Lessor's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Lessor for the preservation of the Premises or the building. Lessor and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty-five (45) days before the expiration of this Lease.…
Act of God as defined by Winfield and Jolowicz: Where an act is caused (harmful to a party) directly by natural causes without human intervention in “circumstances which no human foresight can provide for and againstand of which human prudence is not bound to recognize the possibility”, the Act of God as defence can be applied. The Act of God was recognized by Blackburn J. in the case of Ryland V. Flethcher which is discussed below - Rylands v. Fletcher The facts of the case were that B, a mill owner, employed independent competent contractors to construct a reservoir to provide water for his mill. In the course of work, the contractors came across some old shafts and passages on B‟s land.…