Download e-book Property law and practice. [2011/2012]

Free download. Book file PDF easily for everyone and every device. You can download and read online Property law and practice. [2011/2012] file PDF Book only if you are registered here. And also you can download or read online all Book PDF file that related with Property law and practice. [2011/2012] book. Happy reading Property law and practice. [2011/2012] Bookeveryone. Download file Free Book PDF Property law and practice. [2011/2012] at Complete PDF Library. This Book have some digital formats such us :paperbook, ebook, kindle, epub, fb2 and another formats. Here is The CompletePDF Book Library. It's free to register here to get Book file PDF Property law and practice. [2011/2012] Pocket Guide.

The Act forbids land acquisition when such acquisition would include multi-crop irrigated area. However such acquisition may be permitted on demonstrable last resort, which will be subjected to an aggregated upper limit for all the projects in a District or State as notified by the State Government. In addition to the above condition, wherever multi-crop irrigated land is acquired an equivalent area of cultivable wasteland shall be developed by the state for agricultural purposes.

In other type of agricultural land, the total acquisition shall not exceed the limit for all the projects in a District or State as notified by the Appropriate Authority. These limits shall not apply to linear projects which includes projects for railways, highways, major district roads, power lines, and irrigation canals. Section 26 of the Act defines the method by which market value of the land shall be computed under the proposed law.

day in the life // LEGAL PRACTICE COURSE

Schedule I outlines the proposed minimum compensation based on a multiple of market value. Schedule II through VI outline the resettlement and rehabilitation entitlements to land owners and livelihood losers, which shall be in addition to the minimum compensation per Schedule I.

  1. Structure-Preserving Algorithms for Oscillatory Differential Equations!
  2. Parsifals Page (The Squires Tales, Book 4).
  3. Programming in C (Hayden Books C Library)?
  4. Citations per year.

The market value of the proposed land to be acquired, shall be set as the higher of: [15]. The market value would be multiplied by a factor of, at least one to two times the market value for land acquired in rural areas and at least one times the market value for land acquired in urban areas. The Act stipulates that the minimum compensation to be a multiple of the total of above ascertained market value, value to assets attached to the property, plus a solatium equal to percent of the market value of the property including value of assets.

In addition to above compensation, the Act proposes a wide range of rehabilitation and resettlement entitlements to land owners and livelihood losers from the land acquirer. Market value is often used interchangeably with open market value, fair value or fair market value, although these terms have distinct definitions in different standards, and may differ in some circumstances.

For land owners, the Act provides: [12]. The proposed additional benefits to these families include: [15]. Schedule III proposes that the land acquirer shall provide 25 additional services to families affected by the land acquisition.

CATALOGUE: United Kingdom

LARR Bill proposes that Schedule II through VI shall apply even when private companies willingly buy land from willing sellers, without any involvement of the government. The Bill as drafted mandates compensation and entitlements without limit to number of claimants. The state governments of India, or private companies, may choose to set and implement a policy that pays more than the minimum proposed by LARR This wage rate in rural India study included the following agricultural operations common in India: ploughing, sowing, weeding, transplanting, harvesting, winnowing, threshing, picking, herdsmen, tractor driver, unskilled help, mason, etc.

Compensation prices variation place to place 3. Compensation as per newly amended bill is not distributed Under below mentioned circumstances. The Act is expected to affect rural families in India whose primary livelihood is derived from farms. The Act will also affect urban households in India whose land or property is acquired. With an average rural household size of 5. According to Government of India, the contribution of agriculture to Indian economy's gross domestic product has been steadily dropping with every decade since its independence.

Additional information

As of , about Act will mandate higher payments for land as well as guaranteed entitlements from India's non-agriculture-derived GDP to the people supported by agriculture-derived GDP. It is expected that the Act will directly affect Act provides to compensate rural households — both land owners and livelihood losers.

The Act goes beyond compensation, it mandates guaranteed series of entitlements to rural households affected.

  1. VMware certified professional test prep.
  2. Duplicate citations!
  3. Selected Publications;
  4. Fix, Freeze, Feast: The Delicious, Money-Saving Way to Feed Your Family.
  5. Select Category;
  6. Revolution in the Andes: The Age of Túpac Amaru!
  7. Law | Duquesne University!

The effects of LARR Bill , in certain cases, will apply retroactively to pending and incomplete projects. From Wikipedia, the free encyclopedia. This article has multiple issues. Whilst the LRA can be said to strike a fair balance between the adverse possessor and the registered proprietor to a reasonable degree because of the more rationale grounds on which the doctrine operates, the enactment of section LASPOA sits uneasily with the doctrine.

As such, Best v Chief Land Registrar would be considered in the following chapter and an analysis of the case and the effect of LASPOA with regards to adverse possession would be conducted to show the tensions that arise in both legislative provisions.

  1. Balkan Traditional Witchcraft.
  2. No customer reviews.
  3. Johnson on Language: An Introduction;
  4. Dray Prescott 15 - Secret Scorpio;
  5. Post navigation!
  6. Fair Hawaii!
  7. Copyright & Databases!

However, since the coming into force of section LASPOA in , trespassing is not merely a wrongdoing in tort law but also amounts to a criminal offence. The conflict with the law of adverse possession is apparent in this provision because it raises the question of what consequences this offence has on the operation of the doctrine56 Thus, if a squatter has been in exclusive possession of a residential building with intention to possess by way of adverse possession and remains in occupation for the requisite period of time which would entitle him to the land, does his criminal conduct preclude a claim from being brought?

Having recognized that there has been a lot of conflict regarding the rationale and justification for the doctrine, this created even more uncertainty as to the position of adverse possession under the current law. Fortunately, this question was brought up and answered in the High Court and Court of Appeal in Best v Chief Land Registrar57 and the key facts are as follows: In , the claimant, Mr Best, discovered an empty semi detached house, which he believed to be abandoned although it was registered in the name of Mrs Curtis, who had died.

However, the property had passed to her son on her death and he had not been seen since the previous year, Mr Best moved in and undertook significant construction work with the intention of moving into the residence permanently.

Property Law Handbook (Legal Practice Course | Library

Mr Best on meeting the LRA provisions, applied to the Land Registry to be registered as the new proprietor, however his application was cancelled by the Chief Land Registrar on the basis that the new act prevented a reliance on a period of adverse possession which involved the commission of an offence. This argument was supported by R. Essentially, the necessary acts of possession, which would enable the claimant to legally occupy the land by way of registration could not be divorced from his criminal conduct and similarly, because trespass is an intrinsic factor in adverse possession, the claimant necessarily has to commit the criminal offence that would later enable him to apply for registration.

In this respect, Lord Justice Sales reasoned that what was required was the balancing of the public policies that underlie both the ex turpi causa or illegality test and that of acquisition of title by adverse possession in registered land Therefore, what was required here was a weighting of the objectives that both policies were aimed to serve, on one hand is the maxim, which is reasonable and justifiable in terms of public policy concerns, and on the other is the operation of adverse 58 Best v Chief Land Registrar [] EWHC Admin para.

The way in which the illegality principle operates in serving the policy goals is the same way the adverse possession principles are intended to benefit the public, thus what was done was an achievement of an appropriate balance, such that where both public policy interests are important, the more important outweighs the less important interest. As such, the court held that preserving the way in which adverse possession operates outweighs the fact that criminal trespassers would be profiting from their wrongdoing, i.

This is a reasonable approach because it would be disproportionate to apply the maxim in a strict and conclusive way and eventually lead to more harm being done than good since priority would not be given to the public policy that serves the more useful purpose. Furthermore, it was reasoned that parliament could not have intended s LASPOA to have any impact on the operation of the doctrine specified in the LRA 65 because of the public policy concerns underlying adverse possession in registered and especially unregistered land66 Secondly, it was contended that the enactment of s arose out of the public concern and the difficulty of landowners in securing police assistance and in evicting squatters who occupied their property Thus, the act was for the purpose of providing practical assistance to homeowners in removing trespassers from their property in a less cumbersome and more efficient way under the criminal law instead of the procedures that exist at civil law.

As such, adverse possession and the way in which it operates were not to be affected by the act in any way. This position cannot be reasonably supported because whilst it is true that section was indeed enacted to protect homeowners, it is misleading to think that the law did not already have procedures in place to deal with squatters before the coming into force of the act. Section 7 of the Criminal Law Act makes adequate provision for the eviction of squatters from residential premises and the subsequent enactment of section despite the provision under the aforementioned legislation, only adds more force to the argument that parliament intended section to go beyond the function of simply evicting squatters.

The added protection given to homeowners and the explicit wording used in the legislation warrants the position that 64 ibid. It was also argued that if the doctrine were to remain unaffected by the act then such an outcome would provide arbitrary results for the comprehensive statutory regime that exists in the LRA Bearing in mind that the LRA was enacted with the primary objective to protect registered land owners, the prevention of adverse possession by section would be in parallel with this objective and in light of this, an argument stating such a result would be arbitrary carries little weight.

Therefore, the decision in Best appears to clarify this apparent conflict in the law and adverse possession would continue to operate as it did prior to the enactment of the act unless it is overturned in the Supreme Court. However this is not to say tensions will not arise between the two provisions. The decision simply establishes that applicants would be able to proceed to the next stage under the LRA , it does not guarantee registration and in fact a breach of the act would still incur liability at criminal law even if the application for registration were successful.

Paradoxically, it also has the effect of making it easier for landowners to evict trespassers and this creates further tension between the civil and criminal law in relation to adverse possession. Whilst the criminal law does not preclude a squatter from acquiring civil rights, the fact that he may ultimately claim those rights does not necessarily prevent him from being subsequently prosecuted, thus it is possible for the squatter to be indicted for his criminal trespass after successfully bringing an adverse possession claim This disparity in the law serves as a further disadvantage to squatters who intend on evoking adverse possession in acquiring property.

These two reasons will be explored and it will be seen that the law on adverse possession in registered land could have been radically changed in the benefit of homeowners if the law was applied accurately and further considerations were made as to the policy objectives of s and the underlying reason for adverse possession. Lord Justice Sales who gave the leading judgment gave considerable weight to Hounga in finding that where there are two conflicting statutory provisions, what is required is a balancing of the public policy interests to see which outweighs the other.

This has some authority in the sense that the illegality principle was held not to bar a claim by the plaintiff, however it was not adequately applied to the case in question; the field of law in which Hounga applies is materially different from adverse possession and should not have formed a basis for that finding.

However, even with this approach taken by Lord Sales, the illegality principle is a long-standing principle as counsel for the Registrar submitted and is an especially strong policy requirement, consequently the criminalisation of trespassing as opposed to merely committing a tortious trespass at civil law makes a significant difference to the balancing of competing public interests.

As such, the public policy interests in ensuring that a trespasser-offender does not benefit from his criminal conduct contrary to s should now outweigh the public policy interests in preserving the operation of adverse possession detailed in the schedule 6 of the LRA Furthermore, Bakewell Management was a case concerned with a piece of land, which was used by neighbouring landowners to drive across the land to get to the public highway.

According to the law73, the use of the land by the neighbours constituted a criminal offence because they had no lawful authority to do so. In that case the House of Lords held that despite the fact that the doctrine of the lost modern grant could not be presumed where an actual grant by the owner of the land would have been unlawful, there was no public policy requirement that prevented the procurement of an easement by the person in long and uninterrupted use of land who is equally in breach of the statutory provision, in circumstances where it would have been lawful for the land owner to make such a grant and where the granting of such a right would have removed the criminality factor in the use of the land.

Property Law and Practice 2011/2012 (CLP Legal Practice Guides)

It can prima facie be said that the above case gives stronger support to the position of the Court of Appeal in Best. The acquisition of a prescription is based on a right as opposed to adverse possession, which is based on a wrong and nothing in the facts of Best involved the prescriptive use of land. It is an implausible use of authority to apply the reasoning in Bakewell, which was concerned with prescription to the facts of Best that was entirely focused on adverse possession because the two legal principles operate on entirely distinct grounds.

To determine the balance in which the court achieved in their analysis of the landowner and the adverse possessor under s , it is important to see what purpose the legislation serves. Section 7 of the Criminal Law Act CLA has the effect of criminalizing squatters who fail to leave residential premises when asked to do so by the owner or potential occupier, however the government felt that if squatting in itself was criminalized, it would provide a more powerful deterrent to potential squatters It can be seen from this that the existing law is not powerless to defend itself from squatters and the notion that the s fills a lacuna in this area of law is misleading In parallel with this is the underlying function of the LRA ; notwithstanding that it permits adverse possession, the restriction of its use and the ability to serve a counter- 76 At para.

Whilst it is true that adverse possession serves beneficial social and economic purposes as stated by Lady Arden79, the courts imputation of parliamentary intention in stating that parliament could not have intended for adverse possession to be affected by the act, effectively excludes an analysis of the fact that the contrary could have been the intended outcome of parliament when enacting s , having established that the aforementioned statutory provisions provide an important function in the protection of homeowners.

Consequently, the enactment of the LRA was intended to curb this imbalance by restricting — to a significant extent — the way in which it operates and protect registered property owners under the civil law in the same way s seeks to protect homeowners against squatters under the criminal law. As such, on interpretation of the legislation, it can be argued that these all point towards one underlying public policy principle that is aimed at protecting the ownership of property from squatters especially in the case of ownership to registered land.

It has been proved that the Lord Justice Sales erred in law in applying the reasoning in Bakewell Management to the facts of Best because the illegality principle cannot have the same effect when used in acquiring an easement on the basis of a prescription, which is acquired as of right, and in the case of adverse possession which is based as of wrong. Not only does it serve as a guarantee to registered proprietors that their title to land is conclusive and protected under the 79 Para. Chapter 3: Reforming the Law on Adverse Possession Due to the fact that adverse possession has served useful purposes under the law of registered land see Law Commission Proposals and , a radical change such as that proposed in the previous section would have far reaching consequences in English land law.

This was reflected in the judgment of the majority in Best and it is worth stating how this change would affect the law on adverse possession and what reforms can be undertaken to counterbalance these consequences with regards to registered land. The initial problem that arises with such an approach is the position of squatters who have been in possession of a piece of land for a period of time before the coming into force of s The question thus arises as to what happens to individuals who were relying on adverse possession and had applied to the land registrar before the act criminalising the only means of acquiring title to land by the doctrine became applicable to them.

It would have the effect of preventing squatters from bringing a claim of adverse possession based on their criminal trespass and the law ought to make provision for individuals that find themselves in this predicament. In addition to this, there are policy reasons behind adverse possession regarding the productive use of land and ensuring that land is not left in a vacuum, which are important issues since a criminalisation of trespass would be said to prevent the operation of the doctrine to a large extent.

As a result of these radical consequences such an interpretation of the law would have, it is understandable that the court in Best went to considerable lengths in preserving its operation. District Court for the Southern District of California. Jan Jensen jjensen jlegalgroup. Court of Appeals for the Ninth Circuit and U. Court of Appeals for the Federal Circuit. Section, May 11, Contact Us Disclaimer.