Interests of Third Parties in Properties

Interests of Third Parties in Properties The main issue arising from this problem is the question of establishing various interests of third parties in the two properties, and the differing procedures for doing so, given that Rust Plot is a registered fee simple title, while Umber Plot is an unregistered fee simple title. This brief will attempt to answer the questions regarding the proposed ‘agricultural use only’ deed, whether Steve has any legal interests in the properties as he claims to have, and also whether Traci has an equitable interest in both properties arising from the common law and the doctrine of constructive notice. The first issue to be addressed is whether or not the deed produced by Quentin, which outlines Vernon’s promise to use the land for agricultural purposes only, still has a binding effect upon Peter after his purchase of the land. There is, therefore, a claim made by Quentin that there is an existing covenant on the properties which should bind successive owners of the property. There is no evidence in the facts to suggest that the deed is procedurally invalid (i.e. that it does not comply with the formality requirements of section 52(1) of Law of Property Act 1925, and section 1 of the Law of Property (Miscellaneous Provisions) Act 1989), so it will be assumed that the deed is valid in nature. This brief will, therefore, consider whether this deed is binding upon Peter, given that it was created between Quentin and Vernon (the previous owner of the property). Under statutory law, the promises made in leases made by deed will normally become covenants.[1] The courts would norma lly construe the terms of the lease as covenants unless the language used in the lease clearly makes that term a condition[2] (i.e. the landlord would have a right to automatically bring the term of the lease to an end for breach of a condition, but not for a covenant). So there is no disputing that the deed was binding upon Vernon, the previous owner, and Quentin at some point, so it is therefore incumbent upon me to advise as to whether the deed is now binding on Peter. Section 3 of the Landlord and Tenant (Covenants) Act 1995 provides that the â€Å"benefit and burden†[3] of all landlord and tenant covenants in the tenancy shall form part of the premises, and shall pass upon transfer of ownership. This transfer of covenants is pursuant to other provisions, which specifies that if the covenant is personal to another person then it cannot be transferred.[4] Therefore, under the ‘new law’ (provided that the tenancy was granted after the introduction of this Act ( 1 January 1996)), the covenant will be enforceable against Peter, and thus he will have to use the grounds for agricultural purposes only. If the lease was created before this time, it would fall under the jurisdiction of the old (common) law. The main source of authority for this issue is Spencer’s Case (1583) 5 Co Rep 16a, which states that a third party (i.e. the new owner) can only be bound by previous covenants if: There is privity of estate between the new owner and the tenant; and The covenant â€Å"touches and concerns† the premises in question. Considering these two principles, it would be clear that Peter would also be bound by the covenant under the old law, given that Peter has a privity of estate with Quentin as his new landlord, and the proposed covenant directly relates to the property.[5] Therefore, under either law, Peter would not be able to use the land for his intended building proposals, and must therefore use the land for agricultural purposes only. The question of Steve’s rights to both properties is dependant upon the legality of the document with which he claims his rights. This document is an old brown envelope, and does not claim to be a deed. Peter claims a legal interest in the land, and thus there is a requirement that this interest must be made by deed.[6] However, the formal requirements for a deed differ depending upon when the deed was executed. Given it is unclear in the facts as to what the date of execution of the deed was, both scenarios will be considered. If the deed was executed prior to 31 July 1990, then there is a requirement that the deed must be signed, sealed and delivered. The facts do not make clear whether the envelope was signed, however it would be reasonable to conclude that the document was not sealed by, at least, a red printed circle containing the letters ‘LS’. Therefore, under the old law, the document would most likely be invalid and Peter would not be bound by it. Under t he new statutory law, there are now requirements that the deed must proclaim that it is, in fact, a deed.[7] It must also be signed by both parties, and also witnessed and delivered.[8] The document does not claim to be anything more than an old brown envelope, and therefore cannot be deemed to be a deed, regardless of whether or not the other criteria are satisfied. Therefore, the proposed contract to create a legal interest for Steve in the properties is invalid, and thus he does not have a recognisable legal interest that Peter must honour. In regards to Traci’s equitable interest in the land, it is enforceable under statute provided it complies with the characteristics of an equitable interest.[9] Under common law regarding unregistered land, it was deemed that the occupation of the land by the wife of the owner of the legal interest will be regarded as separate from that of the husband.[10] Therefore, under this common law provision, it could be argued that Vernon has had constructive notice as to Traci’s equitable interests in the unregistered Umber Plot due to her crops growing in there, while also the fact that her tractor (clearly marked) is garaged in the barn on Rust Plot could also be argued to be constructive notice to both Peter and Vernon.[11] Therefore, the common law recognises that Traci has an equitable interest in both plots of land, and thus she must be considered in any negotiations. In summary, the law has appropriately addressed the concerns the Peter has raised. There is no way under law that Peter can use the land for anything else but agricultural purposes, and thus cannot build his proposed housing development. Steve does not have any legal interest in either property to either garage his collection of cars, or claim a 10% stake in the crops grown on Umber Plot. Finally, the common law recognises that Traci has an interest in both plots that is not recognised as a legal interest; however relief can be appropriately sourced through turning to the principles of equity. Bibliography Books Clarke, A, and Kohler, P, Property Law: Commentary and Materials (2005), London: Cambridge University Press Gray, K, and Gray, SF, Land Law (2006, 4th ed), London: Oxford University Press MacKensie, J, and Phillips, M, Textbook on Land Law (2004, 10th ed), London: Oxford University Press Legislation Landlord and Tenant (Covenants) Act 1995 Law of Property (Miscellaneous Provisions) Act 1989 Law of Property Act 1925 Cases Doe d Henniker v Watt (1828) 8 B C 308 Kingsnorth Finance Co Ltd v Tizard [1986] 1 WLR 783 Spencer’s Case (1583) 5 Co Rep 16a Williams Glyn’s Bank Ltd v Boland [1981] AC 487 1 Footnotes [1] Law of Property Act 1925, s 52. [2] Doe d Henniker v Watt (1828) 8 B C 308. [3] Judith-Anne MacKensie and Mary Phillips, Textbook on Land Law (2004, 10th ed), 213. [4] Landlord and Tenant (Covenants) Act 1995, s 3(6)(a). [5] See also P A Swift Investments v Combined English Stores Group plc [1989] AC 632, 642 for further explanation regarding ‘touching and concerning’. [6] Law of Property Act 1925, s 52(1). [7] Law of Property (Miscellaneous Provisions) Act 1989, s 1(a). [8] Law of Property (Miscellaneous Provisions) Act 1989, s 1(b). [9] Law of Property Act 1925, s 1(3). [10] Kingsnorth Finance Co Ltd v Tizard [1986] 1 WLR 783. [11] See Williams Glyn’s Bank Ltd v Boland [1981] AC 487, 508 in regards to registered land and equitable interests therein.

Love Conquers All

Love conquers all, let us too surrender to love. † Love could be described as insanity and outrageous to those who know it or even despise it. Love conquers all. If the obstacles be physical, which we cannot change ourselves, then our minds will mold as we see fit, even if it means going insane. Love conquers all because, being only one true love, it has no conditions. After getting a taste of love we will stray, only to come back for more, for it's what our souls yearn for. Thus, conquering the obstacles and abilities Of life.Love conquers the views of society. During the Civil Rights Movement, the â€Å"Blacks† or African-American people were being discriminated in America and other countries, it became obvious to a lot of African-Americans that violence against violence was getting them no where. Blacks loved their families, friends, countries, and white people. They were going to stand up for their rights as humans, but to do this they had to make obvious what the wh ites were doing to the blacks. African-Americans let themselves be beat and murdered. They protested by not going to places they were allowed or/and ongoing to places they were ‘t allowed to go to.It took a while, and it still goes on today, but the labels and views of society have been ever so more lifted off their shoulders. Love conquers all, including time. In the movie Maleficent, the fairy whom had lost her wings to her childhood friend and romantic lover, had cursed his newborn baby girl as revenge. After taking care of the baby girl, Aurora, from a distance, Maleficent thought she hated this child. As the girl grew, Maleficent grew in her love for Aurora. Finally, when the curse had taken place, Maleficent knew what she had done long ago now affected her and she devastated by this.When all hope seemed lost, she herself had lifted the curse from Aurora because of her sincerity of repentance and love for Aurora. At first Maleficent had thought there was no such love with out conditions, but even though it took a long period of time she still learned there was such a thing and became a happy fairy with her wings once again. Love conquers all, even the forces of nature and disease. Most of these may seem impossible to a lot of people. Jesus, the Son of God, had done lots of oracles. But He said, â€Å"Your faith has saved you. † Love comes with great faith in God.Jesus had died for our sins because of His great love for us and because he is Love. At the Last Supper a miracle occurred done by Jesus. He turned wine into His Blood and bread into His Body and said, â€Å"DO this in remembrance of me. † Thus, Catholics go to mass and relive this miracle of salvation. There have been times when the Blood or/and Body of Christ has been stolen and found in later years. When found, research had been done on the Blood or/and Body of Christ and concluded in astounding results. There was actual blood and body pieces still intact that described a tor tured male just as Jesus had been tortured.There have been people who have prayed to God through the intersection of Mary by praying the Rosary. Catholics and Non-Catholics, have prayed for others who have had a disease, for example cancer, to be cured. Sometimes their prayers weren't answered overnight or at all but these people had faith in God and dedicated themselves to the praying the Rosary. Their sincerity and faith took a toll and their prayers answered, the cancers cured, and as mom response from Mary, the people could smell roses eater their prayers had been answered or even if they weren't answered.Love conquers all. Whether it be the views of society, time, the forces of nature, diseases, and-ourselves. But, we must understand that suffering is part of love as long as we roam this earth. All of us have tried to avoid suffering. Has it not become obvious that our love is strongest at what seems the most difficult times? God refines us like silver in the fire Of our suffer ings. Fall in love with God and love will truly conquer all.

The Symbols in the Tell-Tale Heart

01121133 A Professor: Introduction to English Literature and American Literature, Tue 78 Paper1: The Tell-Tale Heart Oct, 23, 2012 The Symbol in â€Å"The Tell-Tale Heart† According to the Norton Introduction to Literature, the definition of symbol is that† A symbol in a work of literature compares or puts together two things that are in some ways dissimilar. A symbol in literature usually carries richer and various meanings, as does a flag or religious image. And because of its significance, a symbol usually appears or is hinted at numerous times throughout the work† (Booth 209).Thus, symbols are used in literature to represent something more than the literal aspect itself. They can come in the form of phrases, colors, objects or events. Through this, the writer can effectively suggest unsaid ideas and meanings to the audience. The use of symbolism serves as clues by the author, to infer something more or a deeper meaning. Therefore, this essay is going to anal yze this story by interpret symbols appeared in the story â€Å"The Tell Tale Heart. † In the story, the narrator claims that he is not mad, but his behavior, thought and words tell a different story.The narrator is determined to kill the old man in the story, not because jealously or animosity but because â€Å"one of his eyes resembled that of a vulture- a pale blue eye, with a film over it† (Poe, The Tell Tale Heart). The narrator put the subjective feeling on the eye; the narrator said the old man’s eye is an â€Å"Evil Eye† (Poe, The Tell Tale Heart). An eye is covered by a veil or film; it symbolically means that the narrator has issue with the â€Å"inner vision†-what is commonly known as one’s outlook on the world. So our reading of the story is through the eye which is defined by the narrator.Then, when we read the story, we will be leaded by the narrator’ subjective feeling through what the narrator call an† Evil Eyeâ €  (Poe, The Tell Tale Heart). So, one of the old man’s eyes symbolizes the narrator’s world of the heart. According to The Tell Tale Heart, â€Å"I undid the lantern cautiously-oh, so cautiously — cautiously (for the hinges creaked) –I undid it just so much that a single thin ray fell upon the vulture eye. † We could know that the lantern in the story can be adjusted to as much or as little as you want, and the narrator keeps most of light hidden; only allowing one ray to escape.The narrator said,† I found the eye always closed; and so it was impossible to do the work; for it was not the old man who vexed me, but his Evil Eye† (Poe, The Tell Tale Heart). The narrator wants to kill the old man because of that eye, so the narrator could only kill the old man when the old man’s eye wide-opened; however, we could know if the old man opens his eye, he will know that the narrator is going to kill him. And, in the story, the narrato r keeps emphasizing that what the behaviors are done is so cautious and that the old man won’t find it. So, the ray from the lantern symbolizes the contradiction in the narrator’s heart.The bedroom is the place where we usually feel safe; most of the time, when we are on the bed, we are usually vulnerable because of a lack of sense of crisis. However, Poe write the bedroom as a dangerous place where might even be killed. It is defined as a burial. The biggest symbol in the story is all the contradictions which symbolize the narrator who is insane. We can see lots of contradiction in this story. First, â€Å"It took me an hour to place my whole head within the opening so far that I could see him as he lay upon his bed† (Poe, The Tell Tale Heart).It is really strange to spend an hour placing one’s head within the door. Second, â€Å"I undid the lantern cautiously-oh, so cautiously — cautiously (for the hinges creaked) –I undid it just so much that a single thin ray fell upon the vulture eye. And this I did for seven long nights –every night just at midnight –but I found the eye always closed; and so it was impossible to do the work; for it was not the old man who vexed me, but his Evil Eye† (Poe, The Tell Tale Heart). There are two contradict points in above sentence.One is that everyone should have a consciousness if there is â€Å"a single thin ray† fell upon our eyes; much less, the old man have been done like this lasting for eight days. The other one is that the narrator says that killing the old man only happens when that the old man’s vulture-blue eye is open. But if the old man opens his eye, he will know the narrator is going to kill him, also, when someone knows that you are going to be killed, you may scream or make some big noises or even some body reactions. In this way, this event may be found by others.According to the story, this kind of condition is not a result that th e narrator wants. So we can know these things are contradict. Third,† And the old man sprang up in bed, crying out –â€Å"Who's there? † I kept quite still and said nothing. For a whole hour I did not move a muscle, and in the meantime I did not hear him lie down. He was still sitting up in the bed listening† (Poe, The Tell Tale Heart). Generally speaking, after we say â€Å"who’s there? † we usually go check out what happens or keep sleeping if no one answer us. We won’t sit up in the bed listening for a whole hour.Fourth, â€Å"I knew that he had been lying awake ever since the first slight noise† (Poe, The Tell Tale Heart), and â€Å"although he neither saw nor heard† (Poe, The Tell Tale Heart). One says the old man heard something, the other one says he didn’t hear or see anything. These two sentences conflict to each other. Fifth,† the sound would be heard by a neighbor† (Poe, The Tell Tale Heart), and â€Å"it would not be heard through the wall† (Poe, The Tell Tale Heart). If the sound would be heard by a neighbor, it would be heard by a neighbor.If the sound would not be heard through the war, it would not be heard by a neighbor. So, we could know these two sentences conflict to each other. Sixth, â€Å"There was nothing to wash out –no stain of any kind –no blood-spot whatever† (Poe, The Tell Tale Heart). The narrator cut off the old man’s head, legs and arms. It is impossible that no blood is on the floor. To sum up, according those contradictions, we could suspect reasonably that the narrator is insane and the narrator doesn’t kill the old man, this whole story is imagined by the narrator.In conclusion, after reading The Tell-Tale Heart, we can know that this story is not only a horrible story, it also teach us every story might have some significant meanings behind them. Reading is not only to understand the meanings on the surf ace but also to think deeply and train our ability of analyzing mentally. We should not be afraid of those symbols, and we shouldn’t be frustrated by those symbols; we should try our best to think about what the writers try to tell us truly. Works Cited Booth, Alison and Kelly J. Mays, eds. The Norton Introduction to Literature. 10th ed. New York: Norton, 2010. Edgar Allan Poe, â€Å"The Tell-Tale Heart†

Strategic Challenges And The Global Security Environment

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The emerging th reats to U.S. National Interests are several, at the same time that Sequestration, or the Budget Control Act of 2011, magnifies the criticality of miscalculated future force decisions. The persistent trends that summarize the threats of 2025 include the proliferation of weapons of mass destruction, the rise of modern competitor states, violent extremism, regional instability, transnational criminal activity, and competition for resources. The National Military Strategy (NMS) of 2015 breaksShow MoreRelatedStrategic Challenges And The Global Security Environment819 Words   |  4 Pages(JF25) considering the current strategic challenges and the global security environment. This paper proposes that the JF25 focus on its competitive advantages and curtail ineffective and expensive programs to preserve its ground forces’ capability to provide deterrence and defeat capabilities critical to our National Strategic Objectives. 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