Property Law Essay Example | Topics and Well Written Essays - 2000 words - 1

Property Law - Essay Example †¦Ã¢â‚¬ ¦broadly, I think what must be shown as constituting factual possession is that the alleged possessor has been dealing with the land as an occupying owner might have been expected to deal with it and that no-one else has done so.†6 Another condition that may invoke such possession right includes an intention to possess the land7 without the consent of the actual owner8. One of the salient points noted by Browne Wilkinson in allowing the judgment for the defendant was the issue of whether the defendant squatter had â€Å"dispossessed the paper owner by going into ordinary possession of the land for the requisite period without the consent of the owner.†9 Adverse possession will not be valid if the illegal occupant gives written notice of the true owners10 or if the actual owners physically occupy the land. After twelve years of occupation, the squatter on a land may apply for registration of title as proprietor of a new or registered estate11. Therefore, by w ay of these limitations, the granting of title to the squatter was provisional and the required time period had to elapse before a squatter could legally claim the title to the land. However, the issue of ownership did not rise in this case. But according to the provisions of the new Land registration Act12, which came into force on 13 Oct 2003, squatters may directly put in an application for ownership. The law relating to adverse possession has undergone several changes, whereby the issue at stake is not title to the land, so much as direct ownership of the land, either by the squatter or the paper owner. In a recent case, the Court suspended the possession order against a widowed mother who had enjoyed possession of land for thirteen years13. However the Land registration Act of 200214 clarifies that no matter how long the possession of the land, it will not bar the paper owner’s title to the registered land. Adverse possession in itself will not give the

Tort Reform in the USA Research Paper Example | Topics and Well Written Essays - 750 words

Tort Reform in the USA - Research Paper Example   Ã¢â‚¬Å"What is tort reform?† is an article written by Eddins & Greenstone (2009) for the HG.org. This article greatly assists readers in getting a clear view of the tort reform in the US. In order to clearly depict this concept, the authors describe the term tort. They simply define tort as â€Å"a non-criminal civil wrong that is caused either on purpose or through negligence† (Eddins & Greenstone, 2009). Article writers say that medical malpractice and false imprisonment are some examples of tort. The tort reform attempts to put procedural limits on an individual’s ability to file claims and restrict awards of damages. In other words, tort reform imposes some limitations on the maximum amount the injured party can claim and the amount of time an aggrieved individual has to file a claim. The article claims that this policy may reduce frivolous lawsuits whereas it also takes away some rights of the victim. In his article â€Å"Tort reform important to U.S. fu ture† published in CNN U.S, Dobbs (2005) points out long-term benefits of the tort reform. The author says that the proposed tort reform would amplify the nation’s economic growth as this policy is capable of reducing the enormous burden of tort litigations costs. The writer justifies his argument by pointing that US tort system has already exceeded $200 billion a year and this figure accounts for the nation’s 2% of GDP. Dobbs also illustrates that this figure may rise to roughly 8% unless necessary changes are made to the current tort system. Throughout his article, Dobbs refers to European court systems to support the terms of the tort reform in the US. Bornstein and Robicheaux (2008), in their book â€Å"Civil juries and civil justice: psychological & legal perspectives†, address different aspects of the proposed tort reform. The authors state that torts are not criminal offenses and they are aimed at determining liability but not guilt. Bornstein and R obicheaux (2008) point out that there are more tort trails in the United States than contract cases. As a result of increasing tort cases, legal authorities are forced to spend greater amounts of money and time on this issue. The writers also indicate that the proposed reform is the only sensible strategy to bring the US’ civil justice system under control (p.5). The article â€Å"Tort reform hurts citizens† was written by Alley Jordan (2011) and published on The Falcon website. The article writer argues that the tort reform policy would notably limit the constitutional rights of citizens. According to the tort reform proposal, a corporation cannot be sued over a certain amount as fixed by its state. This provision prevents plaintiffs from recovering complete damages. The author argues that arbitration clauses in the tort reform are likely to limit plaintiffs’ right to claim against corporations. The gag order is another constitutionally violating aspect of the proposed tort reform and it restricts the plaintiff’s right to speak about the trial publicly. The author concludes the article by stating that â€Å"tort reform is good for the corporations that support it, but is not good for average citizens† (Jordan, 2011).  Ã‚