Main Aims of the Land Registration Acts and Meeting Them
The aims of the extensive restructuring of English property law that
took place in 1925 can be accurately summarisedby Lord Upjohn[1]: "it
has been the policy of the law for over a hundred years to simplify
and facilitate transactions in real property. It is of great
importance that persons should be able freely and easily to raise
money on the security of their tenure." Prior to 1925, the system for
the transfer of land remained complex and haphazard. The legislation
of 1925 sought to rectify this by several means, the most notable of
which was the expansion of the registered land system. The need for a
comprehensive register of title to land had long been the primary
ambition of law reformers. This is plainly evident in a 1857 Royal
Commission[2] which wanted land owners "to deal with land in as simple
and easy a manner, as far as title is concerned…" The realisation of
this goal depended ultimately upon a definitive record of the rights
and obligations relating to all land in England and Wales[3].
Consequently, the Land Registry Act (1862) introduced an early system
of Land Registration. However, the system proved unworkable and an
entirely new system was established by the Land Transfer Acts of 1875
and 1897[4]. While it is true that the aims of the Royal Commission
have never been fully met by the Land Registration Act (1925), the Act
(and subsequent Acts) do go someway towards establishing a purposeful
system for the regulation of transactions with land. The purpose of
registration is to make the transfer of land simpler, quicker, cheaper
and safer; it is the aim of t...
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[40] (1988) AC 54
[41] I.e. that the transfer of land was safer, simpler and economical,
legal title was guaranteed, the risk of fraud was reduced and there
was no need to trace good root of title
[42] Central London Commercial Estates Ltd v Kato Kagaku Co Ltd (1998)
Sedley J: 'The [LRA] has not had good press'. Clark v Chief Land
Registrar (1994) Nourse LJ: 'Legislation of extremely low quality'.
[43] Those of 1986, 1988 and 1997
[44] During the 1980s the Commission issued four reports directed
towards a reformulation of major features of the 1925 Act. This
culminated in 1998 with the Draft Land Registration Bill, which never
reached the statute book and has been overtaken by more recent
proposals.
[45] Law Commission, Property Law: 4th Report on Land Registration
(Law Com No 123, 8 Nov 1988)
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 ...
no-one will bother you on your land” (pg.105). This incident leads to a long chain of corrupt acts. All community members signed, rather, finger printed the document and we’re assured “they could rely on this paper as it is the title to the land”. 105). The 'Standard' is a 'Standard'.
This essay is about the land rights of of Australia and how Eddie Marbo was not happy about his land been taken away from him. In May 1982 Eddie Marbo and four other people of the Murray Islands began to take action in the high court of Australia and confirming their land rights. Eddie Marbo was a torres islander who thought that the Australian laws were wrong and who went to fight and try and change them. He was born in 1936 on Mer which is known as Murray Island. The British Crown in the form of the colony of Queensland became of the sovereign of the islands when they were annexed in1978. They claimed continued enjoyment of there land rights and that had not been validly extinguished by the sovereign. (Australian Bureau of Statistics 2012)
1909 saw the next act created: The Enlarged Homestead Act. This act granted 320 acres if a quarter of it was cultivated. It encouraged settlement in the nine westernmost states and in the western portion of the Great Plains. This act also became the leading factor in the cause of the Dust Bowl of the 1930’s, as many newer settlers did not know how to properly use the land and plowed/overgrazed it so much no new grass could grow causing dust storms to sweep the nation. That is why I think the Enlarged Homestead Act had the greatest and most negative impact on the rangelands.
In 1763, the French and Indian War coming to a tiring finale, the British wrote the Proclamation of 1763. Evidently, the proclamation would favor Britain’s ambitions; its purpose was to stomp out an Indian rebellion led by Pontiac, called Pontiac’s Rebellion, who wanted to protest the policies created by the British. It also prevented the colonists, consequently, from traveling into western territories and settling there. The colonists and the Indians were efficiently separated from each other and their disparities, but the purpose of the proclamation was the equivalent of preventing the colonists from spreading too far from the control of the British government. The colonists wished to expand; however, westward expansion was a fickle topic
What is the Townshend Act? (1764) The Townshend act is an act that made the Colonists pay taxes for many imported goods such as glass, lead, and other crucial materials that the colonists of America needed. The taxes were made in order to help pay for the funding of British soldiers sailing from their homeland to America in order to make sure that Colonial America was behaving. The leader that had made this frowned upon act was called Charles Townshend and was one of the few leaders in Parliament to combat the American colonies.
Required colonists to buy stamped paper for all of their legal documents, license, newspaper, pamphlet, and almanac and had special “Stamp duties” on packages of playing cards and dice.
The Indian Removal act was somewhat selfish and tragic line of events. In short it was the president addressing Native Americans and telling them that they need to move eastward of the Mississippi into Oklahoma. This resulted in the deaths of many Natives and even more hatred towards European Settlers. People wanted the Natives gone.
The Homestead Act of 1862 was signed into law by our late president, Abraham Lincoln. The Homestead Act transferred over 200 million acres of public land into private land for purchase. Anybody who wanted to move west just had to file for land, usually it was like 160 acres and after five years of living there it was theirs for free or after 6 months they could purchase it for a dollar and sixty two cents an acre. Settlers would set out in search of gold and land. The land wash is harsh and much more suitable for raising cattle as compared to farming.
The first argument that the author makes against the Stamp Act is that laws passed by Parliament shouldn’t apply to the colonies because they have no representation in the British government. He then declares that therefore, New England will only accept the jurisdiction of the royal governors assigned to offices in America. The author also argues that Parliament is robbing the King of his “sole right to govern” the colonies by passing such unfair acts, and that the King is no better than Parliament if he allows the injustice to continue.
In 1790 to 1820, when the bill of rights was constructed; two of the most important amendments, the first and second amendment, was ratified. Introduced by James Madison on December 15, 1791. The first amendment made a huge impact when it was ratified in 1791 because as states "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the government for a redress of grievances". This allowed for social, political, and religious movements regardless of either side to rise up without prosecution from the government. Especially during moral panics separating religion and the state from making laws based on
Wynn, Kelli. “National Register Listing Urged for Fairgrounds Building.” Dayton Daily News 15 Sep 2003. Print.
Refusing to make the declaration, the House of Lords upheld that the 1949 Act has been sanctioned validly using the 1911 Act, and that the Hunting Act had been approved using the modified process. It was affirmed...
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
Foner, Eric, and John A. Garraty. "Homestead Act." The Reader's Companion to American History. Dec. 1 1991: n.p. SIRS Issues Researcher. Web. 06 Feb. 2014.