Real property law

with Bernie as an ‘easement’, it is necessary to distinguish it from a license. Whilst most of the elements of an easement have been established; the only contention is whether the agreement ‘accommodates the dominant tenement’. An easement ‘must be reasonably necessary for the enjoyment of the dominant tenement and not merely confer an advantage on the owner of that tenement.’ The purpose of Albert and Bernie’s agreement was to enable Albert to access his practice at the NRCC quicker. Clara may argue that this only confers a personal advantage on Albert due to his practice’s location. However, in Thorpe, it was held that a right to pass over another’s land benefits the dominant tenement, by making it ‘a better and more convenient property’. The HCA adopted this reasoning in Westfield, suggesting that a benefit of this sort was ‘more than a personal advantage’. By analogy, the purported ‘easement agreement’ accommodates Albert’s dominant tenement by giving him ‘more convenient’ direct access to New Road. Ranking of Interests Despite s 82(1) of the LTA, an unregistered instrument of easement in registrable form will create an equitable easement. However, Albert’s agreement is not registrable and would only be considered a mere equity ‘because it requires the assistance of the courts’ to be enforced. An equitable interest prevails over a mere equity if it is acquired bona fide for value without notice. Section 346 of the PLA provides that a person cannot be…

Wealth Matters: Loss of Black Land Ownership "Finders Keepers, Loser 's Weepers." --Unknown Introduction Finders keepers, losers weepers is a childhood adage that means whatever a person finds can be kept and whatever a person loses cannot be reclaimed. There is no principle of law that supports an individual is entitled to keep whatever is found while the original owner bears the loss. Principles related to personal and real property lost by one individual and found by another have been…

tried to make sense of how we currently regulate our roadways. I first looked closer at the vehicle titles the state provides, given the fact this this was of great interest to me. What I discovered was that the titles they provide are not an Allodial titles which would constitute absolute ownership of real property but instead feudal titles. These feudal titles are exactly like the land titles granted to peasants by nobles in medieval Europe when feudalism was the dominant social system. These…

earnings. To convert all of the previous LIFO to FIFO, Chris will need to research what the inventory prices were coming in and going out and change the system. It will be tedious work. I do not believe that the adjustment will be able to be made with the current amount of information. Property, plants, and equipment, which are the fixed assets of the firm, are reported at their initial cost. The accumulated depreciation is then taken from the initial cost and subtracted. U.S. GAAP fixed assets…

Relevant Facts Armando Perez a citizen of Colombia who has owned three Real Estate Properties in the US titled to his name. Colombia does not have a tax treaty with the US. Properties A, B, and C were purchased on January 1, 2014 and their adjusted bases and fair market value are $97,800/150,000, $86,223/135,000 and $52,077/155,000 respectively. There is no depreciation recapture on any of the properties and they are currently rented and no significant improvements have been made to the…

issues: (i) whether Dylan, Leo and Jasmine entered into valid leases with Callum: (ii), subject to the issue (i) analysis, whether the termination notice Erin subsequently serves on each tenant is valid. The requisite legal analysis vary as determined by the specific circumstances of each transaction. Applicable law 1. Lease versus licence Law of Property Act 1925 (LPA 1925) provisions establish the relevant legal foundation. LPA 1925 s. 1(1) confirms an estate for a term of years absolute as a…

they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted. 17. ANIMALS. Lessee shall be entitled to keep pets and/or animals on the property. Animals are not allowed in the home without written approval from the Lessor. 18. QUIET ENJOYMENT. Lessee, upon payment of all of the sums referred to herein as being payable by Lessee and Lessee's performance of all Lessee's agreements contained herein and Lessee's observance of all…

the right real estate agent can help you find everything you need in a property and ensure you get it for a fair price. If you're selling, the right agent will know how to properly show and market your property for top dollar. Whether you're buying or selling, finding the right agent makes all the difference. Here is how to do it. Choose a Realtor All Realtors are real estate agents, but not all real estate agents are realtors. Realtors undergo rigorous training and are obligated to follow a…

From the day I was born, I was meant to be a residential real estate agent. At less than a week old, I was drug to my parent’s workplace, a small, family owned real estate firm. As my parents divorced and were both left as single parents and real estate agents, it was very common for them to include me in their work responsibilities. Each of them were forced to take me along while showing endless properties to clients. Through constantly being immersed in the everyday practices of the field, I…

a) The two basic divisions of property are real property and personal property. “Real property law applies to ownership to land and interests in land such as mining rights or leases. Personal property is all other types of resources that are protected under the law, another way of putting it, they are moveable resources” (Reed, 2013 p.199). Personal property can be divided into tangible and intangible resources. Tangible resources are items that you can actually touch, where intangible…