Tuesday, May 7, 2019
Property law Case Study Example | Topics and Well Written Essays - 750 words
Property law - Case Study ExampleThus, so desire as the disseisor physically possess the land, and gained entry into the land without the permission of the owner, and has been using the land appropriately harmonise to its resources and location, and also fulfilling the statutory duties regarding the property such as paying taxes, rates and rent for a sensible period of time, then the disseisor has the right to the ownership of the property, without compensation to the rightful owner (Martin, 102). In this case, as the good lawyer, I would advise Barney to give up claims on the property as a legal advice, since the 2o old age settled by Ernest on the land, and the consequent use and development allows him the right of ownership, under the fantasy of indecorous possession, and tell him that God will reward him otherwise, as a spiritual advice, since his action would amount to part others, which is a fundamental spiritual principle. The second issue regarding the move by the au thorities to take all over the beach house owned by Barney for the sake of developing the property as the Future inhabitancy of the Nickelodeon Family Resort, outhouse be pitched on the legal concept of Eminent Domain. ... y the authorities can then be developed for public utilities or economic generation projects, as long as the projects are undertaken to meet the public interest such as employment, providing basic go or availing a rare service to the region where the property is macrocosm has been taken over. Under the concept of Eminent Domain, the law provides that the rightful owner of the property that has been taken over by the state or other government agencies should be granted a and value compensation (Paul, 47). The law interprets just value to mean the prevailing clear market value. Therefore, considering the fact that the property owned by Barney is being taken over by the relevant government authorities in the best interest of the public, such as to create emplo yment opportunities, then, the course is justifiable, under the legal concept of Eminent Domain. Therefore, as the attorney advising Barney on legal matters, I would recommend that he receives the due compensation being offered as per the fair market value. Additionally, on the spiritual perspective, it would also be in line with the spiritual principle of sharing what an individual has with others, since the property will be applied in a way that would benefit many another(prenominal) through service provision and employment creation. Therefore, it would be spiritually correct for Barney to allow the take-over of the property. On the trio issue where Barneys vehicle was stolen by Carl and then sold to a car dealer, the circumstances can be drawn from the legal concept of Good cartel Purchasers for Value. This concept defines a Good Faith Purchaser for Value, as an individual or party that purchases a property from another party, and gives value in exchange of that asset, withou t the due knowledge of adverse claims to that asset
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