Land Law Coursework Example | Topics and Well Written Essays - 3250 words

Land Law - Coursework Example The Court of Appeal provided that the four essential characteristics of an easement must exist. First there is required to be a dominant and servient tenement in which a benefit (to the dominant tenement) and burden (to the servient tenement) are each defined. Secondly, the easement must be capable of benefiting the dominant tenement. Thirdly, the dominant and servient tenement must own and occupy different pieces of land. Fourthly, the easement must be one that is capable of being created. In other words, the person creating the easement must have the authority to do so and the recipient must have the right to accept it. The easement must be unambiguous and the servient tenement may not be denied excessive rights.2 An evaluation of the facts of the case demonstrate that there are benefits and burdens, in which the dominant tenement acquires a benefit and the servient tenement is not denied too many rights. For example, Margaret permitted Arthur to park his caravan in her garden with the understanding that she could sit a satellite dish on his roof. Since this was placed in the Conveyance of registered title, it is a legal easement. Section 1(2) of the Law of Property Act 1925 essentially provides that a legal easement arises once it is conveyed.3 Likewise the easement permitting James to temporarily store material in Margaret’s garden is also a legal easement since it is conveyed via the conveyance. Moreover, by placing these easements in the conveyance, the requirements contained in Section 52 of the Law of Property Act 1925 which mandate that a legal estate in land may only be created by deed.4 Moreover, as registered land, the easements will not be legal unless they are registered.5 In other words only those easements expressly created in the conveyance of registered land will be binding on the dominant and servient tenements. Therefore the oral agreement that Arthur may hang a sign advertising his business on Margaret’s wall is not binding on Margaret and successive owners. To this end, Barry as a successive owner of Margaret’s property is at liberty to have the sign removed. Wheeldon v Borrows however, indicates that Barry might be bound by the oral easement which creates an equitable right. In this case Thesiger LJ delineates the circumstances in which a right created by an easement that was not express, can be acquired by a successive owner over the land. According to Thesiger LJ, successive owners acquires all of the obvious and continuous easement or any easement that is essential for ensuring that the property is reasonably enjoyed provided that easement was used by the vendor just before the property was sold. However, the second rule expressed by Thesiger LJ in Wheeldon v Burrows suggests that Barry may not be bound by the oral easement. By virtue of the second rule, where the vendor sells adjourning land and fails to give expression to an implied or imperfect easement, he may not claim it at a later date .6 It therefore follows that since Margaret failed to expressly provide for the right to hang a sign on her wall, she was not bound by this easement and as such cannot pass the easement on to successive owners of the land. It would appear that each of the easements that were

The needs of future generations are being met by the current policies Essay - 1

The needs of future generations are being met by the current policies of sustainable development - Essay Example According to the research of Waas, Verbruggen and Wright (2010, p. 631) the concept of sustainability comprises of the initiation of development measures which â€Å"†¦contribute in meeting the needs of the present without comprising the ability of future generations to meet their own needs†. The need for developing sustainable solutions to be implemented across the Arabian Peninsula is most urgent essentially because of legitimate environmental concerns regarding the incidence of air pollution in the region. The primary causes of air pollution specifically in Arabian economies which rely upon the production of oil can be attributed to 1) an increase in population 2) a rise in industrial activity and 3) the extensive use of private vehicles for commute (Ettouney and Saqer, 2012). The discussion and analysis which has been conducted in this paper explicates upon the incidence of air pollution in the urban or metropolitan centers of Gulf States including Umm Alhyman, Riyadh , Dubai, Abu Dhabi and Jeddah. Moreover, the research also proposes a framework for promoting sustainable solutions to combat this issue and advises the respective governments of the Arab States to enforce effective policies to address this crucial issue. The incidence in air pollution measures in Kuwait has been a critical topic of assessment for researchers which aim to establish the extent of the damage which has been caused by related and significant determinants. Moreover, the scope of the examination is also focused upon identifying effective tools and models which can be adapted and executed to identify fundamental trends (University of Queensland, 1993). The research of Ettouney, Abdul Wahab and Elkilani (2009) follows this pattern by launching three comparable yet distinct models to report findings on the level of air pollution in Kuwait and its subsequent health and ecological