The doctrine of notice belongs to the history books and has little significance for purchasers of land today Essay Example

The doctrine of notice belongs to the history books and has little significance for purchasers of land today Essay This is a question about the doctrine of notice or, the purchaser known as equitys darling (as they are sometimes referred to). In order to critically evaluate the validity of the view expressed by the writer in the question, it is will be necessary to: a) understand the doctrine of notice and its historical development and, b) determine whether the current position of the law and the applicability of the doctrine of notice is pertinent for purchasers of land today. In addition to these elements, it will also be necessary to factor in some understanding of the way that land is registered in the United Kingdom, as well as the problems incurred through that land which remains unregistered and how various attempts (through statute) over the years have tried to tackle this problem. It is from these, that the doctrine of notice has its very origins. It is naturally of some considerable importance to apprise the different types of equitable interests in real property as it these which purchasers of land are interested in and, moreover, how to protect those interests. Determining exactly what ones interests in real property are however, is more difficult than at first it might seem, and therefore an understanding of precisely how equitable interests are formulated, listed, charged and notified is essential. We will write a custom essay sample on The doctrine of notice belongs to the history books and has little significance for purchasers of land today specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The doctrine of notice belongs to the history books and has little significance for purchasers of land today specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The doctrine of notice belongs to the history books and has little significance for purchasers of land today specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Finally, a passing acquaintance with where the law is likely to go in the future with hints at bills and up-and-coming statutes will help in our overall understanding of the issue. Argument The German philosopher, George Wilhelm Friedrich Hegel (1770-1831) once famously said: The only thing we learn from history is that we never learn from history1. This undoubtedly holds true for the natural course of human nature often so quick to condemn things to the past when they no longer seem applicable; such is the case with the doctrine of notice. A doctrine is a belief, a system of beliefs or a fundamental principle that is accepted as authoritative by a person or a group of people2. To have notice of something is to be aware that it exists3. In relation to property law in particular, the idea of giving notice is therefore usually associated with a burden on the title, i.e. generally, there will be equitable interest(s) associated with that title for which the owner (or future purchaser) of the title requires (or would at least like to have) notification of. An equitable interest is a right in personam [Latin: directed towards a particular person] which can enforced, if considered fair. On the surface, this would seem to be a sensible and indeed desirable set of circumstances from which both the owner of the title or any future purchaser of that title could benefit; after all, is it not the case that as much information as possible is a good thing when one is dealing with the purchase of land? Therefore, by definition, the doctrine of notice is an accepted authority whereby information is (or should be) given to the owner of a title in land (or the future owner of that title) of any equitable interest(s) that may be associated with that title. When we are talking about unregistered land, historically the purchaser was always bound by legal estates and interests in the land this comes from the Latin in rem, a term describing the power a court may exercise over property, either real or personal. However, when buying unregistered land, the title the purchaser obtains is essentially only ever as good as that which the vendor has: Nemo Dat Quad Non Habet One cannot give what one does not have! The problem in land law is to achieve a balance between the interests of a purchaser on the one hand (in the broad definition of the Law of Property Act 1925 [s.1(3)]4 including a lessee and a mortgagee), and those of the owner of an equitable interest in the land on the other hand5. The modern day perception of the doctrine of notice has its roots in the ancient idea of equitys darling, which has become known as the bone fide purchaser rule, or a bone fide purchaser for value without notice, actual, constructive or imputed. This is a term used in the law of real property to refer to an innocent party who purchases property without being given (any or all) notification of third party claims that may exist in relation to the title in that property. Such a person must acquire the title to that property bona fide [Latin: In good faith], and have purchased it for actual consideration in economic terms i.e. for money, rather than as a beneficiary of a gift or a trust (which would be nominal consideration). Indeed, James LJ stated6 that the plea of purchase for valuable consideration without notice was an absolute, unqualified, unanswerable defence7. Equitys darling may well have been originally designed to promote the ideas of substantive justice; but in reality, and to use an equally revered metaphor of Trust Law, she was very much moneys mistress'8. In other words, the doctrine of notice was developed to ensure that the owner of the legal title would be aware of all the equitable interests associated with that title, thereby not becoming encumbered by them, and that it was in the interests of both contracting parties (seller and buyer) that notification of such equitable interests be given. Such was the aim of the Land Charges Act 19259. This is a very important consideration in law because, if such a person purchased a property free of those interests, and, more importantly, can show that they were genuinely unaware of any third-party interests in the land, then those third party equitable interests are effectively extinguished. This leaves the erstwhile owners of such interests with only one course of action left open to them an action in court against whoever granted them the equitable rights in the first place (which in itself can often prove complicated, as equitable interests such as easements, rights, privileges, co-ownership interests10, lodgers and joint tenants11 etc., are often granted as part of a beneficiary e.g., such as in a will. The person(s) who granted these interests may in fact be deceased!). There are a couple of exceptions worthy of note: a) if the equitable interest(s) in question have been entered on the Land Charges Register12, then they will bind a future purchaser with or without notice having been given, and, b) if the purchaser has received constructive notice of the equitable interest(s) prior to the purchase then a court will usually deem that person to have received notice of all such equitable interest(s) (basically, they knew that third party(s) had equitable interest(s) in the land, but chose to ignore them, or, pretended not to have knowledge of them at all). This second exception however, can work in both directions of course if a potential purchaser of real property decides not to bother looking into the details of any equitable interest(s) (should they exist), and later discovers after having purchased the property that such interest(s) do in fact exist, then they have no recourse open to them13 caveat emptor (another property law doctrine from ancient times) let the buyer beware! One very valid criticism of the Land Charges Act system is that because registration is the sole criterion of whether an interest is binding or not [LCA1972 s.4]14, it may operate unfairly i.e. its provisions may be used to deliberately evade interests of which a purchaser has actual knowledge15 (Midland Bank Trust Co. v Green [1981] AC 583)16. The doctrine of notice applied therefore to the enforceability of all sales of real property until the introduction of the Land Registration Act 1925. This act defined a simple list (LRA1925 s.70(1)) of accepted liability of registered land to overriding interests [i.e. when a person buys a legal estate in land which has a registered title, that person would not be bound by any third-party interests in that land unless they were entered on the Land Register, or, were deemed to be overriding]17. The LRA1925 has now been repealed and replaced with the Land Registration Act 2002, which came into force on 13 October 200318. Intended to simplify and modernise the law of land registration, the LRA2002 still retains overriding interests (although they are now referred to as unregistered interests that override, but also removed the relatively simple definitions found in the old s.70(1) of LRA1925 and replaced it with two statutory Schedules19, one of which (Schedule 3) might well have been written in part by a monkey with a typewriter. Paragraph 3 of the new Schedule 3, on easements, is almost unintelligible unless one knows beforehand what it is supposed to mean20. One could be forgiven for being critical at this point in saying that this hardly looks like being a form of simplification, and yet, this is because some of the changes in LRA2002 are very subtle indeed: Firstly, the wording of Schedule 1(2) and Schedule 3(2) so far as relating to land of which he is in actual occupation has been inserted to remove the effects of Ferrishurst Ltd v Wallcite Ltd21. In that case the Court of Appeal was faced with the interpretation of LRA1925 s.70(1)(g) and questions raised concerning the exigibility22 or durability of property interests which allowed actual occupation to be enforced against the entire title, rather than the land actually occupied [Controversially, the Court of Appeal ruled that as the option to purchase was over the entire title, the claimant could exercise it over the entire title even though only in occupation of part of the land]. Secondly, there is now a duty on the transferee of a registered title to disclose third party interest(s) affecting the estate (when they apply to be the new registered proprietor) [LRA2002 s.71]; failure to do so does not however render the interest(s) invalid, and in such a case will continue to bind the new owner if the interest(s) qualify under LRA2002 Schedule 3 (although, even some of these so-called sunset interests will lose their overriding status 10 years after the Schedule entered force)23. Thirdly, it was the undoubted intention of the statute makers of LCA1972 and LRA2002 to work towards the implementation of a more coherent system of land registration one in which all the records of equitable interests, the various charges and other rights held in the land could be made readily available, easily and quickly, thereby aiding the sale and disposition of land. To that end, LRA2002 introduced the possibility of electronic conveyancing (LRA2002 s.91)24, and although the act does have the provision within it for DIY conveyancing through electronic means, we are still some way off e-register terminals at Tesco25. Perhaps my greatest criticism of LRA2002 however, is that it could have gone so much further towards enforcing the registration of unregistered land and did not do so. For that to happen, we must all wait for the next big thing in land law legislation. Conclusion So, where does all that leave us today? Well, in my opinion, the views of the author in the statement are at the very least, far too broad, and, at worst, completely incorrect. It is true to say that, were all the land in the United Kingdom safely entered as part of the Land Registry, then the doctrine of notice would serve little purpose. However, the stark fact of the matter is that as of 2007, only 85% of the land in the United Kingdom is registered which of course still leaves a staggering 15% of land unregistered (some 14,200 square miles!)26. Of course, all that unregistered land is not in one place. We are talking about small patches of land here and there, dotted all over the place (which, none the less, adds up to an area somewhat larger than the Kingdom of Belgium!). The question consequently, must hinge on whether there is any likelihood of this land ever becoming registered, thus rendering the said doctrine obsolete. This is harder to predict than at first it might seem. As I have already pointed out, the definitive aim of the statute-makers of 1925, 1936, 1969, 1972, 1986, 1988, 1997 and 2002, was to see all land in the United Kingdom entered on the Land Register; but efforts in earlier times27 to co-ordinate a system of land registration had proved just as ineffective as those of the 20th and 21st Century. Therefore, unless some extraordinarily sweeping piece of legislation is brought into law at some point in the future legislation which would enforces the registration of all the 14,200 square miles of currently unregistered land then the obvious conclusion must remain that the doctrine of notice cannot, and indeed should not [yet] be consigned to the history books. It may only serve a limited and rapidly diminishing purpose, but for those who still rely on equitys darling, it is a vital piece of British law.

Persuasive Essay Format College Tips

Persuasive Essay Format College Tips The Chronicles of Persuasive Essay Format College Thus, as a way to assist you, here are a few persuasive college essay help and suggestions to start. Being in college might be a tiny struggle for some. Writing skills in college isn't restricted to essays. To offer you a remedy about how to compose an impressive college essay, here are a couple ideas you may wish to consider. It is imperative to comprehend how to develop the start of your persuasive paper because it's the most significant part of a school or college writing assignment. Unlike topics for middle school or higher school, great college topics are somewhat more challenging to discover. Rather than high school subjects, college subjects are somewhat more troublesome to discover. There are a lot of persuasive essay examples college students are able to make use of online. 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There are lots of free examples of suitable formatting. The most important element which creates a persuasive essay in English stand out from the remainder of assignments is the use of reasoning. The persuasive speech is extremely valuable to tackle any issue related to the communication g litches find by the folks. Persuasion is utilized in our lives every single day. Persuasive Essay Format College Moreover, each persuasive reason you offer ought to be supported by means of a fact or an example. Every individual has the right to enhance her or his overall look and be happy and we haven't any say in somebody else's decisions. When compared to other kinds of literature out there, a persuasive college structure is distinguished by its effectiveness and concentrate on convincing the readers of somebody's point of view. 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While trying to understand how to write a persuasive essay step by step, they forget about another critical activity. In order to both educate teens about life for a parent and to assist in preventing teenage pregnancy, higher school students ought to be asked to complete parenting classes. High school, college, and somet imes even university students from all around the world are writing persuasive essays.

What Are the College Essay Requirements?

What Are the College Essay Requirements?What are the college essay requirements? In today's world, it is common for students to take part in many different college programs and tests to find out if they have what it takes to enter college.Some people do not understand exactly what college essay requirements are, but they may want to find out how to become a part of the process in the first place. One way that the college admissions officers at Hofstra University make sure their students are properly prepared for college is by grading their essays and making suggestions about what could be changed to improve the essay.Most of the time, the college admission requirements at Hofstra University may differ depending on the program and the college one is interested in entering. If a student does not know exactly what college essay requirements to look for, it is good to consult with a guidance counselor or counseling office.Some college essay requirements are more standard than others, suc h as answering the question of why. When a student has information about their background and comes up with an answer for why they deserve to attend college, it is a good idea to look over their writing.All students must meet certain criteria before they can begin college. If you do not know what these criteria are, you can find out when you register for your orientation week or orientation class. The class will be very helpful for making sure you meet the requirements so that you are ready to move onto college.Most schools have all of the college essay requirements listed in the papers that you will receive after registration. These papers will provide specific guidelines that need to be followed in order to qualify for the admission to a specific college.Make sure that you read through the essay requirements thoroughly. This is not going to only be one time that you are required to write a paper; it is going to be a requirement for the entire time that you are in college. If you h ave never done this before, it is a good idea to get a written copy of the general requirements so that you will be prepared for the challenge ahead.The best advice is to do what is best for you when entering into college. Keep in mind that it is your life that is changing, and you should focus on developing and growing as a person. Take advantage of all the support that the guidance counselor and counseling office have to offer, because they are there to help.

Essay Topic For College Students - How to Learn Persuasive Essay Topics

Essay Topic For College Students - How to Learn Persuasive Essay TopicsWriting persuasive essays is never easy, especially if you are writing a persuasive essay topics for college students. It can be very difficult for a college student to get through a course without knowing how to write persuasively, as persuasive arguments should be able to be convincing to any audience, regardless of their level of education or other background factors. It is therefore very important that you should learn how to write persuasive essays.You should learn persuasive essay topics for college students if you want to ace your class and improve your grade point average. However, if you just choose to wing it and write on your own, you will probably not get the results you want. By the same token, the professors will likely think that you just don't know how to write persuasive essays. Thus, learning how to write persuasive essays is the only way to go if you want to ace your class and be taken seriously in your future endeavors.People generally tend to be swayed by arguments that look convincing to them; if you're interested in persuading others, you must make sure that what you are writing is convincing. You might start out with convincing an acquaintance, but if they are not interested in what you are saying, you are wasting time and effort. You should make your argument specific and convincing enough so that it persuades people, which means you need to research the topic you will be writing about.When writing persuasive essay topics for college students, you must also learn how to deliver them effectively. After all, your audience has different levels of intelligence, and they may not have the same level of intelligence as you do. For this reason, you should also think about making your arguments so that they appeal to different types of readers.One of the things you should learn how to do when writing persuasive essay topics for college students is to make sure that you use te rminology in a manner that appeals to different types of audiences. You can make use of the scientific method, for example, and make arguments that appear to be backed up by well-founded research. You can also make arguments that appeal to the reader's emotion.Another thing you should remember when writing persuasive essay topics for college students is to be precise in what you are writing. You should avoid using terminology that is ambiguous. The reason why this is important is because if your audience doesn't understand what you are saying, they are going to get bored and not pay attention to your arguments. Thus, you need to ensure that you avoid using confusing language.When writing persuasive essay topics for college students, you should also know how to use examples correctly. If you use one example incorrectly, your argument won't be convincing. For this reason, you should make sure that you write your examples so that they clearly show how your argument would apply in the r eal world.By the same token, you should also make sure that you understand why people read your persuasive essay topics for college students. If you don't understand why your audience would take your arguments seriously, you will be confusing them. Therefore, you should always keep your readers interested in what you are writing so that they keep reading, and this is what will make them think of you as a teacher worthy of respect.

Students Helping Parents in College Essay

Students Helping Parents in College EssayParents in college are usually the first source of much frustration for students. If you are struggling to finish a book report, have trouble with essay topics, or need more time to complete coursework, you are not alone. Fortunately, there are some steps you can take to make your parents' support as comfortable as possible, without ending up in a bitter divorce.The first thing you should do is to read over your college essay carefully. Even the most well-written college essay can be changed at any time. If something needs to be changed in order to improve your grades, or to improve your college essay, you should quickly consult a lawyer or professor. As soon as you find out that your essay needs to be revised, you should begin making changes. You should write on paper all the changes you have made to your essay and start working on the new draft immediately.The next step is to work on the essay while you are on vacation. Take a week or two of f from work, and write away. You will be tempted to edit the essay yourself, but this will only get in the way of writing the new draft. Instead, use a computer to write the essay while you are on vacation. You can type it in Microsoft Word or even Google Docs. Either of these methods will allow you to keep all your changes, make new ones, and revise your essay once you return from vacation.The final step in editing your college essay is to send it off to an editor. A good editor will review the essay and make any necessary changes. This can be a quick process, if you know how to do it. The first step is to have the editor scan your essay for errors.Some things to look for in your college essay are wrong grammar, outdated information, and awkward wording. You might find that the last sentence needs a rewrite, or that your essay lacks tone. Once you have found all of these problems, make the changes in the second step of the editing process.Once you have the edited essay back from th e editor, make the changes again, this time making them easily understandable. Be sure to take notes at the bottom of the page as well, so that you can keep track of the change that you made. This will help you remember what needs to be changed, and when you need to make changes. When the college essay is done, put it in an envelope, and put it in a box. Don't show your essay to anyone until it has been approved by your professors.With practice, your parents' support can be as comfortable as possible, and your college essay can be a success. Remember that some changes will be necessary, but with enough effort and persistence, and by keeping an eye on the process, and working on the homework before and after, you can get through college quickly and easily.