Adverse Possession
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Adverse Possession
Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle in the Common law, Anglo-American common law under which a person who does not have title (property), legal title to a piece of property—usually land (real property)—may acquire legal ownership based on continuous Possession (law), possession or occupation of the property without the permission (licence) of its legal owner. The possession by a person is not adverse if they are in possession as a Tenancy, tenant or licensee of the legal owner. In general, a property owner has the right to recover possession of their property from unauthorised possessors through legal action such as ejectment. However, in the English common law tradition, courts have long ruled that when someone occupies a piece of property without permission and the property's owner does not exercise their right to recover their property for a significant period of time, not only is the original owner prevented ...
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Squatting
Squatting is the action of occupying an abandoned or unoccupied area of land or a building, usually residential, that the squatter does not own, rent or otherwise have lawful permission to use. The United Nations estimated in 2003 that there were one billion slum residents and squatters globally. Squatting occurs worldwide and tends to occur when people who are poor and homeless find empty buildings or land to occupy for housing. It has a long history, broken down by country below. In developing countries and least developed countries, shanty towns often begin as squatted settlements. In African cities such as Lagos much of the population lives in slums. There are pavement dwellers in India and in Hong Kong as well as rooftop slums. Informal settlements in Latin America are known by names such as villa miseria (Argentina), pueblos jóvenes (Peru) and asentamientos irregulares (Guatemala, Uruguay). In Brazil, there are favelas in the major cities and land-based movements. I ...
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Henry II Of England
Henry II (5 March 1133 – 6 July 1189), also known as Henry Curtmantle (french: link=no, Court-manteau), Henry FitzEmpress, or Henry Plantagenet, was King of England from 1154 until his death in 1189, and as such, was the first Angevin king of England. King Louis VII of France made him Duke of Normandy in 1150. Henry became Count of Anjou and Maine upon the death of his father, Count Geoffrey V, in 1151. His marriage in 1152 to Eleanor of Aquitaine, former spouse of Louis VII, made him Duke of Aquitaine. He became Count of Nantes by treaty in 1158. Before he was 40, he controlled England; large parts of Wales; the eastern half of Ireland; and the western half of France, an area that was later called the Angevin Empire. At various times, Henry also partially controlled Scotland and the Duchy of Brittany. Henry became politically involved by the age of 14 in the efforts of his mother Matilda, daughter of Henry I of England, to claim the English throne, then occupied b ...
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Limitation Act 1623
The Limitation Act 1623 (21 Jac 1 c 16) was an Act of the Parliament of England. The whole Act was repealed by section 1(1) of, and Group 5 of Part I of Schedule 1 to, the Statute Law (Repeals) Act 1986. See also *Limitation Act Limitation Act is a stock short title used for legislation in Malaysia and the United Kingdom which relates to limitation of actions. The Bill for an Act with this short title may have been known as a Limitation Bill during its passage through P ... References * Halsbury's Statutes, Acts of the Parliament of England 1623 in law 1623 in England Statutes of limitations {{England-statute-stub ...
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Land Registration Act 2002
The Land Registration Act 2002c 9 is an Act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though similar, system. The Act, together with the Land Registration Rules, regulates the role and practice of HM Land Registry. Background The Land Registration Act 2002 was introduced in response to the Law Commission and HM Land Registry report, ''Land Registration for the Twenty-first Century'' (2001). The Act: *Simplified and modernised the law of land registration; *Made the register reflect a more accurate picture of a title to land, showing more fully the rights and subsidiary interests that affect it; and *Was intended to facilitate the introduction of e-conveyancing. The Act made some major changes to the law regulating registered land. Specifically, it: *Enabled shorter leases to be registered; *Further encouraged voluntary land registr ...
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Utility
As a topic of economics, utility is used to model worth or value. Its usage has evolved significantly over time. The term was introduced initially as a measure of pleasure or happiness as part of the theory of utilitarianism by moral philosophers such as Jeremy Bentham and John Stuart Mill. The term has been adapted and reapplied within neoclassical economics, which dominates modern economic theory, as a utility function that represents a single consumer's preference ordering over a choice set but is not comparable across consumers. This concept of utility is personal and based on choice rather than on pleasure received, and so is specified more rigorously than the original concept but makes it less useful (and controversial) for ethical decisions. Utility function Consider a set of alternatives among which a person can make a preference ordering. The utility obtained from these alternatives is an unknown function of the utilities obtained from each alternative, not the sum of ...
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Squatting In England
In England and Wales, squatting—taking possession of land or an empty house the squatter does not own—occurs for a variety of reasons which include needing a home, protest, poverty, and recreation. Many squats are residential; some are also opened as social centres. Land may be occupied by New Age travellers or treesitters. There have been waves of squatting through British history. Squatting was "a big issue in the Peasants' Revolt of 1381 and again for the Diggers in the 17th Century howere peasants who cultivated waste and common land, claiming it as their rightful due" and that squatting was a necessity after the Second World War when so many were homeless.''Squatters: Who are they and why do they squat?''
, BBC
A more recent wave began in the late 1960s in the midst of a housing crisis. ...
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Middle Ages
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire and transitioned into the Renaissance and the Age of Discovery. The Middle Ages is the middle period of the three traditional divisions of Western history: classical antiquity, the medieval period, and the modern period. The medieval period is itself subdivided into the Early, High, and Late Middle Ages. Population decline, counterurbanisation, the collapse of centralized authority, invasions, and mass migrations of tribes, which had begun in late antiquity, continued into the Early Middle Ages. The large-scale movements of the Migration Period, including various Germanic peoples, formed new kingdoms in what remained of the Western Roman Empire. In the 7th century, North Africa and the Middle East—most recently part of the Eastern Ro ...
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History Of English Land Law
The history of English land law can be traced back to Roman times. Throughout the Early Middle Ages, where England came under rule of post-Roman chieftains and Saxon monarchs, land was the dominant source of personal wealth. English land law transformed further from the Saxon days, particularly during the post-Norman Invasion feudal encastellation and the Industrial Revolution. As the political power of the landed aristocracy diminished and modern legislation increasingly made land a social form of wealth, subject to extensive social regulation such as for housing, national parks, and agriculture. Roman law The division into real and personal is coincident to a great extent with that into immovable and movable, generally used by systems of law founded on the Roman (see Personal Property.) That it is not entirely coincident is due to the influence of the Roman law itself. The Greeks and the Romans of the republic were essentially nations of citizens; the Teutons were essentia ...
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Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing the government via hearings and inquiries. The term is similar to the idea of a senate, synod or congress and is commonly used in countries that are current or former monarchies. Some contexts restrict the use of the word ''parliament'' to parliamentary systems, although it is also used to describe the legislature in some presidential systems (e.g., the Parliament of Ghana), even where it is not in the Legal name, official name. Historically, parliaments included various kinds of deliberative, consultative, and judicial assemblies, an example being the French medieval and early modern parlements. Etymology The English term is derived from Anglo-Norman language, Anglo-Norman and dates to the 14th century, coming from the 11th century Old ...
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Hawaii Land Court
The Land Court of the State of Hawaii (originally, the Court of Land Registration in the former U.S. Territory of Hawaii) has exclusive jurisdiction in the Hawaii State Judiciary over cases involving registered land titles. The Land Court system of land registration was created by statute in 1903 as a Torrens system of land titles.Land Court Registration, by P. H. Mulholland; in ''An historic inventory of the physical, social and economic, and industrial resources of the Territory of Hawaii'', Territorial Planning Board, Honolulu, February 8, 1939, page 45. http://ulukau.org/elib/cgi-bin/library?e=d-0inventory-000Sec--11en-50-20-frameset-book-palmyra-1-011escapewin&a=d&d=D0.7.5&toc=0 Registration of land in Land Court is optional in Hawaii; non-registered land is conveyed in the "Regular System" instead, by recording deeds or other documents in the Bureau of Conveyances. Land in the Regular System may be lost by adverse possession (including squatter's rights, encroachments, an ...
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Torrens Title
Torrens title is a land registration and land transfer system, in which a state creates and maintains a register of land holdings, which serves as the conclusive evidence (termed " indefeasibility") of title of the person recorded on the register as the proprietor (owner), and of all other interests recorded on the register. Ownership of land is transferred by registration of a transfer of title, instead of by the use of deeds. The Registrar provides a Certificate of Title to the new proprietor, which is merely a copy of the related folio of the register. The main benefit of the system is to enhance certainty of title to land and to simplify dealings involving land. Its name derives from Sir Robert Richard Torrens (1814–1884), who designed, lobbied for and introduced the private member's bill which was enacted as the ''Real Property Act 1858'' in the Province of South Australia, the first version of Torrens title enacted in the world. Torrens based his proposal on many of t ...
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Nullum Tempus Occurrit Regi
''Nullum tempus occurrit regi'' ("no time runs against the king"), also abbreviated to ''nullum tempus'', is a common law doctrine. In republics, it is often referred to as "''nullum tempus occurrit reipublicae''". Meaning The doctrine states that the crown is not subject to statutes of limitations or to the doctrine of laches. This means that the crown can proceed with actions that would be barred if brought by an individual due to the passage of time. It also makes it impossible to obtain property rights over government-owned land by adverse possession, or "squatters' rights". The doctrine is considered by some to be an application of sovereign immunity to areas of law concerning statutes of limitations. While the two doctrines are often linked as concepts, and are considered by some jurisdictions to be intertwined in policy and practice, there is a debate on whether the two doctrines are actually related. Purpose Some legal experts assert that ''Nullum tempus'' is designed t ...
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