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LIS-133: Antigua and Barbuda: Archipelagic and Other Maritime
United States Department of State Bureau of Oceans and International Environmental and Scientific Affairs Limits in the Seas No. 133 Antigua and Barbuda: Archipelagic and other Maritime Claims and Boundaries LIMITS IN THE SEAS No. 133 ANTIGUA AND BARBUDA ARCHIPELAGIC AND OTHER MARITIME CLAIMS AND BOUNDARIES March 28, 2014 Office of Ocean and Polar Affairs Bureau of Oceans and International Environmental and Scientific Affairs U.S. Department of State This study is one of a series issued by the Office of Ocean and Polar Affairs, Bureau of Oceans and International Environmental and Scientific Affairs in the Department of State. The purpose of the series is to examine a coastal State’s maritime claims and/or boundaries and assess their consistency with international law. This study represents the views of the United States Government only on the specific matters discussed therein and does not necessarily reflect an acceptance of the limits claimed. This study, and earlier studies in this series, may be downloaded from http://www.state.gov/e/oes/ocns/opa/c16065.htm. Comments and questions should be emailed to [email protected]. Principal analysts for this study are Brian Melchior and Kevin Baumert. 1 Introduction This study analyzes the maritime claims and maritime boundaries of Antigua and Barbuda, including its archipelagic baseline claim. The Antigua and Barbuda Maritime Areas Act, 1982, Act Number 18 of August 17, 1982 (Annex 1 to this study), took effect September 1, 1982, and established a 12-nautical mile (nm) territorial sea, 24-nm contiguous zone and 200-nm exclusive economic zone (EEZ).1 Pursuant to Act No. -
Present Legal Estates in Fee Simple
CHAPTER 3 Present Legal Estates in Fee Simple A. THE ENGLISH LAW T THE beginning of the thirteenth century, when the royal courts of justice were acquiring effective A control of the development of private law, the possible forms of action and their limits were uncertain. It seemed then that a new form of action could be de vised to fit any need which might arise. In the course of that century the courts set themselves to limiting the possible forms of action to a definite list, defining with certainty the scope of permitted actions, and so refusing relief upon states of fact which did not fall within the fixed limits of permitted forms of action. This process, of course, operated to fix and limit the classes of private rights protected by law.101 A parallel process went on with respect to interests in land. At the beginning of the thirteenth century, when alienation of land was becoming possible, it seemed that any sort of interest which ingenuity could devise might be created by apt terms in the transfer creating the interest. Perhaps the form of the gift could create interests of any specified duration, with peculiar rules for descent, with special rights not ordinarily in cident to ownership, or deprived of some of the ordinary incidents of ownership. As in the case of the forms of action, the courts set themselves to limiting the possible interests in land to a definite list, defining with certainty 1o1 Maitland, FoRMS OF ACTION AT CoMMON LAW 51-52 (reprint 1941). 37 38 PERPETUITIES AND OTHER RESTRAINTS the incidents of permitted interests, and refusing to en force provisions of a gift which would add to or subtract from the fixed incidents of the type of interest conveyed. -
The Law of Property
THE LAW OF PROPERTY SUPPLEMENTAL READINGS Class 14 Professor Robert T. Farley, JD/LLM PROPERTY KEYED TO DUKEMINIER/KRIER/ALEXANDER/SCHILL SIXTH EDITION Calvin Massey Professor of Law, University of California, Hastings College of the Law The Emanuel Lo,w Outlines Series /\SPEN PUBLISHERS 76 Ninth Avenue, New York, NY 10011 http://lawschool.aspenpublishers.com 29 CHAPTER 2 FREEHOLD ESTATES ChapterScope ------------------- This chapter examines the freehold estates - the various ways in which people can own land. Here are the most important points in this chapter. ■ The various freehold estates are contemporary adaptations of medieval ideas about land owner ship. Past notions, even when no longer relevant, persist but ought not do so. ■ Estates are rights to present possession of land. An estate in land is a legal construct, something apart fromthe land itself. Estates are abstract, figments of our legal imagination; land is real and tangible. An estate can, and does, travel from person to person, or change its nature or duration, while the landjust sits there, spinning calmly through space. ■ The fee simple absolute is the most important estate. The feesimple absolute is what we normally think of when we think of ownership. A fee simple absolute is capable of enduringforever though, obviously, no single owner of it will last so long. ■ Other estates endure for a lesser time than forever; they are either capable of expiring sooner or will definitely do so. ■ The life estate is a right to possession forthe life of some living person, usually (but not always) the owner of the life estate. It is sure to expire because none of us lives forever. -
REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Real Estate Law Outline LESSON 1 Pg
REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Real Estate Law Outline LESSON 1 Pg Ownership Rights (In Property) 3 Real vs Personal Property 5 . Personal Property 5 . Real Property 6 . Components of Real Property 6 . Subsurface Rights 6 . Air Rights 6 . Improvements 7 . Fixtures 7 The Four Tests of Intention 7 Manner of Attachment 7 Adaptation of the Object 8 Existence of an Agreement 8 Relationships of the Parties 8 Ownership of Plants and Trees 9 Severance 9 Water Rights 9 Appurtenances 10 Interest in Land 11 Estates in Land 11 Allodial System 11 Kinds of Estates 12 Freehold Estates 12 Fee Simple Absolute 12 Defeasible Fee 13 Fee Simple Determinable 13 Fee Simple Subject to Condition Subsequent 14 Fee Simple Subject to Condition Precedent 14 Fee Simple Subject to an Executory Limitation 15 Fee Tail 15 Life Estates 16 Legal Life Estates 17 Homestead Protection 17 Non-Freehold Estates 18 Estates for Years 19 Periodic Estate 19 Estates at Will 19 Estate at Sufferance 19 Common Law and Statutory Law 19 Copyright by Tony Portararo REV. 08-2014 1 REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Types of Ownership 20 Sole Ownership (An Estate in Severalty) 20 Partnerships 21 General Partnerships 21 Limited Partnerships 21 Joint Ventures 22 Syndications 22 Corporations 22 Concurrent Ownership 23 Tenants in Common 23 Joint Tenancy 24 Tenancy by the Entirety 25 Community Property 26 Trusts 26 Real Estate Investment Trusts 27 Intervivos and Testamentary Trusts 27 Land Trust 27 TEST ONE 29 TEST TWO (ANNOTATED) 39 Copyright by Tony Portararo REV. -
Usufruct Study Guide
Article 562 ± 578 1. Define usufruct. Usufruct is a real right by virtue of which a person is given the right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law provides otherwise. 2. What are the three fundamental Rights Appertaining to Ownership? Ownership consists of three fundamental rights, to wit: - jus disponende (right to dispose) - jus utendi (right to use) - jus fruendi (right to the fruits) 3. Of the above-mentioned fundamental rights, what consists usufruct and naked ownership? The combination of the jus utendi and jus fruendi is called usufruct. The remaining right jus disponendi is really the essence of what is termed ³naked ownership´. 4. What right is transferred to the usufructuary and what right is remained with the owner? In a usufruct, only the jus utendi and jus fruendi over the property is transferred to the usufructuary. The owner of the property maintains the jus disponendi or the power to alienate, encumber, transform, and even destroy the same. (Hemedes vs. CA, 316 SCRA 347 1999). 5. What are the formulae with respect to full ownership, usufruct, and naked ownership? The following are the formulae: - Full Ownership equals Naked Ownership plus Usufruct - Naked Ownership equals Full Ownership minus Usufruct - Usufruct equals Full Ownership minus Naked Ownership 6. What are the characteristics or elements of usufruct? The following are the characteristics or elements of usufruct: ESSENTIAL CHARACTERISTICS: those without which it can not be termed usufruct: (a) It is REAL RIGHT (whether registered in the Registry of Property or not). -
Real & Personal Property
CHAPTER 5 Real Property and Personal Property CHRIS MARES (Appleton, Wsconsn) hen you describe property in legal terms, there are two types of property. The two types of property Ware known as real property and personal property. Real property is generally described as land and buildings. These are things that are immovable. You are not able to just pick them up and take them with you as you travel. The definition of real property includes the land, improvements on the land, the surface, whatever is beneath the surface, and the area above the surface. Improvements are such things as buildings, houses, and structures. These are more permanent things. The surface includes landscape, shrubs, trees, and plantings. Whatever is beneath the surface includes the soil, along with any minerals, oil, gas, and gold that may be in the soil. The area above the surface is the air and sky above the land. In short, the definition of real property includes the earth, sky, and the structures upon the land. In addition, real property includes ownership or rights you may have for easements and right-of-ways. This may be for a driveway shared between you and your neighbor. It may be the right to travel over a part of another person’s land to get to your property. Another example may be where you and your neighbor share a well to provide water to each of your individual homes. Your real property has a formal title which represents and reflects your ownership of the real property. The title ownership may be in the form of a warranty deed, quit claim deed, title insurance policy, or an abstract of title. -
SECTION 1.0 Summary of California Water Rights
SECTION 1.0 Summary of California Water Rights 1.1 Types of Water Rights In California, the different types of water rights include: 1.1.1 Prescriptive Water use rights gained by trespass or unauthorized taking that ripen into a title, on a par with rights to land gained through adverse possession.1 1.1.2 Pueblo A water right possessed by a municipality that, as a successor of a Spanish-law pueblo, is entitled to the beneficial use of all needed, naturally occurring surface and groundwater of the original pueblo watershed.2 1.1.3 Groundwater The Dictionary of Real Estate Appraisal, defines groundwater as “all water that has seeped down beneath the surface of the ground or into the subsoil; water from springs or wells.”3 This is an adequate working definition if the “springs or” is eliminated because once water issues out of a spring it becomes surface water, not groundwater. As is also indicated in the following text, it is not water flowing in an underground channel. Groundwater should be thought of as the water that occupies the space between soil particles beneath the surface of the land. Groundwater is extracted exclusively by means of wells. Whenever groundwater reaches the surface in a natural manner, whether through springs or seepage into a surface water stream channel or lake, it ceases to be groundwater and becomes surface water. The jurisdiction of the SWRCB [State Water Resources Control Board] to issue permits and licenses for appropriation of underground water is limited by section 1200 of the California Water Code to “subterranean streams flowing through known and definite channels.” If use of underground water on nonoverlying land is proposed and the source of the water is a subterranean stream flowing in a known and definite channel, an application pursuant to the California Water Code is required. -
OP-236 Hartford CT 06102-5035 Connecticut Real Estate Conveyance Tax Return (Rev
Department of Revenue Services State of Connecticut PO Box 5035 OP-236 Hartford CT 06102-5035 Connecticut Real Estate Conveyance Tax Return (Rev. 04/17) Town Code Land Record OP236 0417W 01 9999 For Town Clerk Use Vol. Pg. Complete Form OP-236 in blue or black ink only. Only 1. Town 2. Location of property conveyed (number and street) Amended return 3. Are there more than two grantors/sellers? Yes If Yes, attach OP-236 Schedule A - Grantors, Supplemental Information for Real Estate Conveyance Tax Return. 4. Grantor/seller #1 (last name, first name, middle initial) Taxpayer Identification Number FEIN SSN Grantor/seller address (street and number) after conveyance City/town State ZIP code - 5. Grantor/seller #2 (last name, first name, middle initial) Taxpayer Identification Number FEIN SSN Grantor/seller address (street and number) after conveyance City/town State ZIP code - 6. Is the grantor a partnership, S corporation, LLC, estate, or trust? s Ye 7. Was more than one deed filed with this conveyance? Yes If Yes, attach OP-236 Schedule A - Grantors 8. If this conveyance is for no consideration or less than Federal only State only Both fed. & state None adequate consideration, which gift tax returns will be filed? 9. Is there more than one grantee/buyer or, is the grantee a partnership, S corporation, LLC, estate, or trust? Yes If Yes, attach OP-236 Schedule B - Grantees, Supplemental Information for Real Estate Conveyance Tax Return. 10. Grantee/buyer (last name, first name, middle initial) Taxpayer Identification Number FEIN SSN Grantee/buyer address (street and number) after conveyance City/town State ZIP code - 11. -
Inequitable Escheat: Reflecting on Unclaimed Property Law and the Supreme Court's Interstate Escheat Framework
Inequitable Escheat?: Reflecting on Unclaimed Property Law and the Supreme Court's Interstate Escheat Framework T. CONRAD BOWER* TABLE OF CONTENTS I. INTRODUCTION .................................... ...... 516 II. UNCLAIMED PROPERTY-ITS ORIGINS AND THE LAW GOVERNING ITS COLLECTION ......................... ..... 519 A. UnclaimedProperty's Origins in the English Doctrines of Escheat and Bona Vacantia ....................... 520 B. An Attempt at Uniformity: The Uniform Disposition of UnclaimedProperty Act ......................... 523 C. Recent Developments in State Enforcement of Unclaimed PropertyStatutes: A Vehicle for Aggressive Revenue Generation ............................ ....... 527 1. Reduced Statutory Dormancy Periods................... 528 2. Expanding the Definition of UnclaimedProperty ............ 530 3. Aggressive Multi-state Use of Contingent-Fee Auditors.................................. 533 a. The Duty to Report........................533 b. Multi-State Audits, Contingent-FeeAuditors, and the Relentless PursuitofRevenue ................ 534 D. Conclusion ........................................ 537 III. THE SUPREME COURT'S DUAL-PRIORITY FRAMEWORK AND THE CONTROVERSIAL EMERGENCE OF THE "THIRD-PRIORITY" RULE .................................................. 537 A. Texas v. New Jersey: The Birth of Interstate Escheat PriorityRules ...................................... 539 B. An Exception to the Dual-PriorityStructure? The Emergence of the Third-PriorityRule ................ 543 *J.D. Candidate, The Ohio State University Moritz College of Law, expected 2013; B.A., Government, Skidmore College, 2006. I am grateful to the members of the Ohio State Law Journal,most especially Kailee Goold, for their encouragement and advice throughout the note-writing process. I would also like to thank Jamie Ryan, member, Bailey Cavalieri LLC, Columbus, Ohio, for his thoughtful feedback on an earlier draft. I dedicate this Note to my wife and best friend, Megan, who has selflessly supported me in all of my pursuits. 516 OHIO STATE LA WJOURNAL [Vol. 74:3 C. -
In Defense of the Fee Simple Katrina M
Notre Dame Law Review Volume 93 | Issue 1 Article 1 11-2017 In Defense of the Fee Simple Katrina M. Wyman New York University School of Law Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Property Law and Real Estate Commons Recommended Citation 93 Notre Dame L. Rev. 1 (2017) This Article is brought to you for free and open access by the Notre Dame Law Review at NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized editor of NDLScholarship. For more information, please contact [email protected]. \\jciprod01\productn\N\NDL\93-1\NDL101.txt unknown Seq: 1 15-NOV-17 13:44 ARTICLES IN DEFENSE OF THE FEE SIMPLE Katrina M. Wyman* Prominent economically oriented legal academics are currently arguing that the fee simple, the dominant form of private landownership in the United States, is an inefficient way for society to allocate land. They maintain that the fee simple blocks transfers of land to higher value uses because it provides property owners with a perpetual monopoly. The critics propose that landown- ership be reformulated to enable private actors to forcibly purchase land from other private own- ers, similar to the way that governments can expropriate land for public uses using eminent domain. While recognizing the significance of the critique, this Article takes issue with it and defends the fee simple. The Article makes two main points in defense of the fee simple. First, addressing the critique on its own economic terms, the Article argues that the critics have not established that there is a robust economic argument for dispensing with the fee simple. -
Theory, Application and the Canon: the Case of Mill and Jevons
University of Richmond UR Scholarship Repository Jepson School of Leadership Studies articles, book Jepson School of Leadership Studies chapters and other publications 2001 Theory, Application and the canon: The ac se of Mill and Jevons Sandra J. Peart University of Richmond, [email protected] Follow this and additional works at: http://scholarship.richmond.edu/jepson-faculty-publications Part of the Economic Theory Commons, and the Political Economy Commons Recommended Citation Peart, Sandra J. "Theory, Application and the Canon: The asC e of Mill and Jevons." Reflections on the Classical Canon in Economics: Essays in Honor of Samuel Hollander. Ed. Evelyn L. Forget and Sandra J. Peart. London: Routledge, 2001. 356-77. Print. This Book Chapter is brought to you for free and open access by the Jepson School of Leadership Studies at UR Scholarship Repository. It has been accepted for inclusion in Jepson School of Leadership Studies articles, book chapters and other publications by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. 19 Theory, application and the canon The case of Mill and Jevons Sandra Peart Boundary questions, it has been well said, are always perplexing. (Economist 1882: 845) Introduction Whatever disputes remain about the nature and content of the "canon" of economics, it is widely accepted that the boundary of economic science was narrowed throughout the nineteenth century (Winch 1972). This chapter offers a partial explanation for that narrowing in the methodological develop ments that occurred during the second half of the century. For reasons of practicality in the face of pronounced "multiplicity of cause," John Stuart Mill called, ~n his 1836 Essay On the Definition ofPolitical Economy; and on the Method of Investigation Proper to It, and again in his 1843 Logi,c, for a separate and specialized science of political economy. -
The Monarchy in Prince Edward Island
The Monarchy in Prince Edward Island Canada’s History with the Royal Family per cent of the world’s people. Canada was created in 1867. By most standards, Canada, though a relatively young country, has a long- Constitutional Monarchy standing association with royal families. Thirty-two As a Constitutional Monarch, the Queen’s powers are kings and queens reigned over the country long before exercised by the Prime Minister or Premier who are Elizabeth II was crowned Queen of Canada. Canada responsible to the elected representatives of the people was explored, settled and grew during the reigns of in the House of Commons and the provincial British monarchs as far back as 1497. legislative assemblies. Though largely symbolic, the Crown is an integral part of our governmental Canada’s Governmental System structure. The Canadian Constitution limits the power and the Monarchy of the Crown in government, creating a primarily symbolic Canada is a federal state (that is, role for the Queen. Because the it has two levels of government, Queen resides in Britain, she is national and provincial) with a represented in Canada by the constitutional monarchy and a Governor General and in each of parliamentary democracy. Our the provinces by a Lieutenant head of state is the Queen of Governor. Canada. She is also the Queen of the United Kingdom, Australia, New Zealand and many other Did You Know? countries within the British The Honourable Antoinette Perry Commonwealth of Nations. Acts is our current Lieutenant of parliament and many actions Governor. She was sworn into of our national and provincial office on October 20, 2017 and is nd governments are made in the the 42 Lieutenant Governor of name of the Queen, though the Prince Edward Island.