LAND LAW Essay Example | Topics and Well Written Essays - 1000 words

LAND LAW - Essay Example In respect of establishment of an easement there has been a criteria that has been laid down in Re Ellenborough Park1 which are generally referred to. The first criterion is that there must be a dominant and servient tenement and therefore the easement cannot exist in gross. (Hawkins v. Rutler)2. Clearly in respect of the facts at hand there was a land that is number 3 which was the dominant tenement and a servient tenement that is number 1. The second criterion is that the dominant and servient tenement must be owned or occupied by different persons (Roe v. Siddons)3. In respect of the facts at hand even if the land was owned by the same person according to Wright v. Macadam4 the occupation by different persons would allow an easement to be created. Thirdly the fact the easement must benefit the dominant tenement and this is dependent upon the proximity of the servient tenement; it should not be purely personal advantage (Hill v Tupper); and the right must not that be of a recreatio nal user. In respect of the fact at hand clearly there can be seen the fact that the benefit is of the dominant tenement. ... the facts at hand, the second that there must be a grantee which is evident because the tenants were granted the rights; thirdly the subject matter of grant is sufficiently certain, which is clear enough in respect of the facts that is the right to cross; and finally the right must be capable of being called an easement that is it is covered under the rights which have been recognized to be easements, which has been done in respect of the right to cross. The final factor that has not been expressly listed down in the case was that of public policy which is considered when determining whether an easement is existent or not. The next aspect that is considered is that easement can be existent either legally or under equity as laid down under section 1 of the Law of Property Act (LPA) 1925. As far as legal easements are considered there are a number of formalities that need to be fulfilled. The first requirement is that for a legal easement there must either be a fee simple absolute in p ossession or as an adjunct to a term of years (section 1 LPA 1925). Secondly easements can only be legal if created by way of statute, by prescription, by deed or registered disposition. All other easement are equitable in nature. As far as easements by statute are concerned they are created by the Acts of Parliament, which is clearly not the case in respect of the facts at hand. As far easement by prescription is concerned it is by way of long use and is by way of common law prescription, ‘lost modern grant and/or Prescription Act 1832. In respect of easement by prescription it can be in fee simple only. Thus clearly this would not be applicable to the case at hand As far as deed or registered disposition is concerned this is done by way of a formal document which has clearly not been

Middle Eastern Studies Term Paper Example | Topics and Well Written Essays - 1500 words

Middle Eastern Studies - Term Paper Example Others include the nationalization of assets previously owned by foreigners or ‘enemies of state’ and foreign aid. Collectively, such revenue streams are economically referred to as â€Å"rent†; similarly, states that are primarily dependent on such revenue streams are referred to as â€Å"rentier states† (Gelvin 247). Infamously, such states are referred to â€Å"allocation states† coined from the fact that the states’ distribution of rent generated in the aforementioned manner favors particular clients or projects. Each state in the Middle East-more or less- relies on rent income. In the period between 1980 and 1988, a third of Egypt’s government revenue was derived from rent. Over the same period, it also benefited substantially from aid from the United States amounting to about $2 billion annually (Gelvin 247). The involvement of Western powers in the oil wealth of the Middle East has entrenched historical backgrounds. More specific ally, their participation was ‘cemented’ through the establishment of agreements or concessions that saw the emergence of strong consortia that have firm hold-unto now-within the oil industry (Fawcett and Giacomo 15). Oil companies would come together to undertake large contracts which exceeded the capacity of any single firm. Such contracts –perhaps uncharacteristically so-extended between sixty and seventy-five years and granted these consortia exclusive rights to exploit, produce, refine, transport and market the oil. Over the past half century, the most dominant consortium in the oil industry has been that of the â€Å"seven sisters† consisting of Exxon, Mobil, Chevron, Gulf Texaco and British Petroleum (Gelvin 249). However, the blatant imbalance in the distribution of the benefits from oil exploitation as to the host nations propelled the formation of an association that would better represent the concerns of oil producers. Furthermore the threat of diminished returns arising from a fall in demand and subsequent slashing of prices by the consuming West-as was the case during the recession of the 1960s- had to be effectively dealt with. The formation of the Organization of Petroleum Exporting Countries (OPEC) in 1970 significantly increased this power and with it oil prices rose by 380 percent. Oil wealth therefore shifted from the industrialized and importing Western states to the producing Middle East (Gelvin 250). The Middle East has seen the staging of two major games. Firstly, and which has recently surfaced with revolutionary effects, that of citizens and governments; usually on opposing ends and rarely in cooperation (Richards and Waterbury 1). The recent revolutions in Middle Eastern states-dubbed the Arab Spring-such as Libya, Syria, Morocco, Algeria, Egypt and Greece have born evidence to this play. In this game, the motive and desire for the advancement of prosperity and national development has seen the ousting of lo ng-serving governments. In Egypt, specifically, it has seen a transition in which the ousted government and long-serving officials additionally face criminal proceedings. The political space internally is highly uncertain with the much anticipated calls for free and fair elections pitted against the influence of the interim Egyptian military council. Secondly, another battle is underway intersecting the region’