A problem question in property law

A problem question in property law Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . Property law 1. The property here is held as a tenancy in common as the words â€Å"in equal shares† has been used and the parties have sold and passed on their individual shares indicating their intention that they all own a part of the property as opposed to them all holding the whole of the property. The Law of Property Act 1925 stipulates that the legal estate can only be held by more than one person as joint tenants. A tenancy in common in the legal estate can no longer exist, so that if there is to be a tenancy in common then this must exist behind a trust for sale. As against the outside world (including any landlord) the co-occupiers (who are trustees) can only be joint tenants. Section 12 of TOLATA 1996 confers a right to occupy where the purposes of e trust include making the property available for such occupation or where the lands is held by the trustees so as to be so available. No right arises where the land is unavailable or unsuitable for occupation. Whe re two or more beneficiaries have a right to occupy, the trustees may exclude or restrict the entitlement of any of them as long as the trustees act reasonably in doing so. In exercising their power to exclude, restrict or impose restrictions the trustees are, by reason of s13(4), to have regard to the intentions of the person who created the trust, the purposes for which the land is held an the wishes of all of the beneficiaries who would be entitled to occupy [1] . Therefore on this basis it is likely that the other trustees will be able to sell the property and Beth and Emma will therefore be able to remain at the property. 2. Easements can come into existence in a number of ways; by express grant (either by deed or in writing), by implication on the sale of part of a property or by prescription. It has long been established that an easement is no more than a right over land and not a right to either possession or joint and exclusive use of it [2] . If an alleged right involves t he exclusion of the owner of land, it cannot be an easement. The precise scope of this principle has been considered in a number of cases. In Copeland v Greenhalf, above, a wheelwright’s claim to an easement to store vehicles on a strip of adjoining land failed because Upjohn J considered that the right was too extensive to constitute an easement in law; it amounted to a claim to the whole beneficial use of the part of the strip of land over which it had been exercised. In Grigsby v Melville [3] Brightman J took a similar view of an asserted right to use premises as a store. Nonetheless, in Wright v McAdam [4] , the Court of Appeal had considered that a tenant’s use of a shed in a garden for the storage of coal might be an easement. Categories of easements have increased since the decision in Dyce v Lady James Hay [5] and have developed over time to suit modern society. For example it is doubtful at the time of this decision that right to access car parking spaces wa s a valid or existing easement, whereas such easements are common these days.

Personal reading journal Essay Example | Topics and Well Written Essays - 500 words

Personal reading journal - Essay Example The plot would not be comprehensible if we would not have been shown the distinct features of the characters in the story. The writers then proceed to let us know some real but fictional background of these creatures. That is to mean it exist in the history of the world but cannot be proven. Therefore, they play a key part in the relevance of the story. The characters I think must however be complimented by the dialogue for the story to make sense. Without the dialogue, we would not understand the actions of the characters. The actions are very important for they help us in making judgments about the characters. For instance, we would not appreciated the heroic effort of the humankind in fight with the zombie and ensure its continuity without the words (Max and Roberson, 98). In addition, the setting of the whole story is not a trivial matter. Actually, the setting gives the story a meaning and the reader an interest to read. In fact, it is what makes such a horrific book a comic. The relationships amongst these artistic tools are mutual and will always make a book a journal complete. For example, in the ‘Recorded Attack’ it is used to drive point home to the readers’ mind, sometimes without the reader realizing their formal use in fictional stories. In my opinion, this reveals how one can creatively interlink these minute devices to deliver a brilliant story. The movie ‘Night of the Living Dead’ is almost analogous to the story of Recorded Attacks. The characters are also the same but the setting and actions are not equal. Therefore, this makes a big difference in terms of defining the relationship between these artistic works. This is a horror movie by George Romero that, funnily enough, was originally, written as a comic book. The movie is about ‘ghouls’ or zombies that are affected by a certain substance that make them ‘undead’ (Romero, 2002). They equally affect healthy people leading to the wide

Formal Report Essay Example | Topics and Well Written Essays - 2000 words

Formal Report - Essay Example Even the health industry has transformed itself and treating diseases that were considered fatal in the past. Robotic surgeries have also made their space on the surgery schedule boards in hospitals around the world. A procedure that could once only be imagined for a sci-fi adventure has now become a reality. This extensive inclusion of technology that would have raised eyebrows in the past is being accepted and adopted by doctors around the world as a competitive advantage in hospitals. It was only a matter of time that the increasing trend of medical advancement and equipment technology would lead us to the point where we risk our lives in the hands of a robot. The robot, being controlled by a surgeon, performs the procedure on the patient. The surgeon might be located a few blocks away or across a couple of oceans. The revolutionary step in the field of health sciences has attracted many; however, it is still not free from risks and reservations. Just like any other invention in i ts initiation phase, robotic surgeries need to take few more steps to ensure minimal risks and dangers for the patients. 1. Introduction The robotic technology, that started with making small machines perform interesting stunts or house chores, have been given a more creditable status in the medical field since they are being used to save human lives. The initiation of the idea of letting robotic arms and other components come in contact with the patient, rather than the surgeon, initiated in 1980s. The innovative concept attracted the technologists in the industry and thus gave way to surgeons being miles away from the physical location of the operation and relying on technology to maintain connection from the surgeon to the robot that operates on the patient. The state of the art surgical procedure is being commonly known as, ‘Da Vinci Surgery’; this name has been given by the manufacturers of this innovative robot technology, Intuitive Surgical Inc. The company, Intu itive Surgical Inc (2013) explained that the name is kept after the inventive artist for his passion for human anatomy and automation in the 1450s. Leonardo Da Vinci is known to design the first robot of its kind in 1495 which was discovered hundreds of years later in 1950s. Leddy, Lendvay and Satava (2010) gave valuable information about the initiation of the idea of such a risky mode of treatment where the surgeon cannot control the consequences of any atypical scenario; robotic surgeries were initially aimed to perform remote surgeries in the battlefield to ensure immediate treatment to soldiers. The robotic equipment was mounted on the top of the vehicles and surgeons were expected to perform the surgery with the aid of the robotic arm while sitting in their own comfortable space. These authors defined it as the surgical procedure that separates the surgeon from the patient by adding a robotic device in the middle of them. With the passage of time, the concept made its way in th e civilian territory and started being used for commercial treatment. The passive role of medical equipment and technological devices has been transformed into a major one in an operating room. A diverse range of procedures are now being performed with robots being the direct contact with the patients, namely gynecological and urological procedures and many mores. 2. Research Quality and Patient Safety Division: Commonwealth of Massachusetts Board of Registration in Medicine. (2013) stated that robotic surgeries have started becoming