In law there are two types of land, registered and unregistered. It is necessary to register land so the register precisely reflects the state of the registered property, so it is clear to see who the current owner is and whether there are any third party proprietary interests affecting it; this is important as it would make many lal enquiries easier and will show the property’s reality to any future purchasers. The purpose of land registration according to Gray and Gray (2008) is that “any prospective purchaser of registered land should always be able to verify, by simple examination of the register, the exact nature of all the interests existing in or over the land which he proposes to buy”. There are three main principles of land registration: the insurance principle, curtain principle and the mirror principle. The mirror principle which essentially means that the register reflects reality hence all facts significant to the land title are to be found on the register. The significant facts that should be included in the register are “the owner, the nature of his ownership, and any limitations on his ownership and any rights enjoyed by other persons over the land that are adverse to the owner”. However this is not always the case as some third party proprietary interests override registered dispositions, these are called overriding interests. Overriding interests are binding on a purchaser of any registered land even though they are not on the register. The Land Registration Act 1925 introduced the structure of the registered land, it has now been replaced the Land Registration Act 2002. It became very important to update the Land Registration Act 1925 as the Law commissions report made many recommendations as some of the laws w... ... middle of paper ... ...be registered. If overriding interests were illuminated it would result in many occupiers who actually have rights and interests in a land losing their homes so overriding interests should not be retained. Clearly the overriding interests undermine from the mirror principle, overriding interests can be said to be the crack in the mirror. The register will only mirror the interests which are protected by registration and not the overriding interests which do not need to be on the register however now all interests will start to be electronically transmitted ensuring that rights will be created and registered electronically hence rights which have not been created electronically will not occur. Resulting in the register actually mirroring reality however there will always be certain some overriding interests which are necessary to protect the occupier’s interest.
The Land Reform Act of 1967 permitted the state of Hawaii to redistribute land by condemning and acquiring private property from landlords (the lessors) in order to sell it to another private owner, in this case, their tenants (the lessees). The Hawaii State Legislature passed the Land Reform Act after discovering that nearly forty-seven percent (47%) of the state was owned by only seventy-two (72) private land owners. That meant that only forty-nine percent of Hawaii was owned by the State and Federal Govermnet.The contested statute gave lessees of single family homes the right to invoke the government's power of eminent domain to purchase the property that they leased, even if the landowner objected. The challengers of the statue (the land owners) claimed that such a condemnation was not a taking for public use because the property, once condemned by the state, was promptly turned over to the lessee (a private ...
To stimulate growth inland, the Homestead Act was initiated. Many traveled overland by horse and wagon on rutted trails and grassland to find a plot of 160 acres of undeveloped land. They were granted title to the land if they “improved” the plot by building a dwelling and cultivating the land. After five years on the land, farmers were entitled to the property, free and clear.
Moreover the class of the original covenantees can be extended to people who were not in the original deed under s.56(1) Law Of Property Act 19252. The Contracts (Rights of Third Parties) Act 1999 enables the benefit of a contract to be given to those who are not parties to it.3
Fundamentally its object is to protect a person in actual occupation of land from having his rights lost in the welter of registration. He can stay there and do nothing. Yet he will be protected. No one can buy the land over his head and thereby take away or diminish his rights. It is up to every purchaser before he buys to make inquiry on the premises. If he fails to do so, it is at his own risk. He must take subject to whatever rights the occupier may have.
Does the introduction of a system of registration of title remove the need for the law to recognise possessory or equitable interests in land? Why? Why not?
As Vance Hughston writes “the major problem with the system for resolving native title claims is not hard to identify. It is the significant time and resources needed to resolve those native title claims which are opposed by government and other respondents” (Calma, 2009). Therefore, it is evident that the Native Title procedure needs some reforms to counteract the unjust requirements set out in section 223 of the Native Title Act 1933 (Cth). Within this section, it clearly expresses the marginal requirements imposed on the Native Title claimants – particularly subsection C. This subsection outlines the ongoing relationship that a native title claimant would have to sustain in order to be eligible for a possible trial. However, it poses many problematic and difficult situations towards the claimant, as they have to prove a continuous relationship with the land since sovereignty. In addition, section 237 of the Native Title Act states that the land mustn’t be partially or wholly extinguished by Government actions. If wholly extinguished, i.e. when claimants want areas such as “privately owned freehold land, pastoral or agricultural leases, residential, commercial, community purposes and in areas where governments have built roads, airports, railways, schools and other public works”, the
Eminent Domain is defined as “the power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property” (Farlex, par. 1). Eminent domain has a long and distinguished legal history, dating back to the Magna Carta. The term “eminent domain” was coined by Hugo Grotius (1583–1645), a Dutch jurist and philosophe, to describe the power of the state over natural property (Dalton, par. 3). This legal process has been used in many nations ostensibly for the “greater good.” Recently, Russia has come onto the world stage as abusing the power of eminent domain in preparation for the 2014 Olympic Games, as has Brazil in regards to the World Cup and upcoming 2016 Olympic Games. They, like many nations, have been accused of not giving just compensation for property taken. World-wide, eminent domain and it abuse of have been increasing as the world’s population and economy change. Author Tit Elingtin writes “The governments have taken advantage of that eminent domain ruling, and you, the media, have failed at protecting citizens” (Elingtin par. 13). This quotation reflects many people’s opinions today. Many believe that governments abuse the power they are given with eminent domain and call on the United Nations to remove the problem.
When the government needs someone’s land they do ask to buy first, however if the owner does not want to sell, that is when eminent domain is put into place. If the government wants the land and the owner refuses to sell they are still compensated for the cost of land, which is stated in the Fifth Amendment of the U.S. Constitution. Eminent was put in place so that private land could be used to public use to better the state or country depending on the situation. Some feel that this is not right, that eminent domain takes away from a person’s personal rights to own land.
Law reform in the area of Native title has led to the recognition of indigenous land right which has Native title
Perhaps the biggest failure in the reservation system affecting current times is in the status of laws and jurisdiction. Communal land ownership and federal trust restrictions on land ownership and use inhibit economic development and many land allotments are owned collectively by groups of individuals. Multiple ownership makes it difficult to manage the lands and it reduces benefits to individuals. It is also nearly impossible to use the land as collateral for obtaining loans because of federal protection from encumbrances on trust
person receiving the land, had to go through ceremony in which they would say that they
Kappler, Charles J. "INDIAN AFFAIRS: LAWS AND TREATIES. Vol. 2, Treaties." INDIAN AFFAIRS: LAWS AND TREATIES. Vol. 2, Treaties. N.p., n.d. Web. 6 Feb. 2014. .
There is a collective existence of different forms legal systems, because of the country’s diversity in culture, language and religion. This diversity is able to flourish in India only because of representation of different communities. Diversity and pluralism are acknowledged in India which safeguards the interests of different social groups and communities. This led to law being seen as necessarily pluralistic. However, after colonisation there was an effort made by the British to make law uniform, an essential condition in what was seen as ‘modern law’. Nonetheless, after independence an effort was made to have a pluralistic legal system as this would lead to better representation of different communities. This is how the Panchayati Raj system, a form of local self-government came about. Panchayats were reintroduced in 1992 after the British rule, and there a panchayat in every town of village. The people of the village elect the members of the ‘panch’, whose responsibility is the local administration of the village. In many places, gram panchayats are also known as gram sabhas. In this manner, different forms of legal pluralism shape everyday ordering and disputing in rural and urban India. They relate to formal law as well as customary legal orders equally. The two governance systems interact, which can be termed as formal law and traditional law. Customary law is also termed as unnamed law as it does not refer to a specific basis of
One of the special concepts in land law is of overriding interests. The standard practice in the English land law is all the interest and rights affecting or is binding over particular a land should be registered in the Register. However, the concept of overriding interest denotes that there are interests which are binding on the owner (the registered proprietor) regardless of not being formally registered. It was introduced because in that era it was though that it would be unreasonable and unjust to overlook such rights and interest enjoyed. Overriding interests need not be registration to bind the legal owner of the land. Therefore, if the land is sold to another person the interests and rights would not be lost. It can be said that overriding by nature are unregistered if they are registered they will cease to be an overriding interest.
In order to secure land tenure for the urban informal settlers, different countries have introduced licenses or Certificates in different names. However they all have the same objectives. For instance, in Zambia residents are issued with a 30-year Occupancy Licences while the area undergoes through the process of upgrading. These can be later replaced by certificates of title, which carry the same effect as if the landowner were obtaining a direct lease of the land from the state (UN-Habitat, 2012). In Botswana, Certificate of Use is issued to informal dwellers so as to encourage them on further housing investment (Durand-Lasserve, 2006). In Brazil, Concession of the Real Right to Use is issued to residents. The validity period of these licences varies between 30 and 50 year periods but subject to renew (Van der Molen, 2002).