#Land Law

[uttarakhandwiki]

मुख्यमंत्री पुष्कर सिंह धामी ने कहा कि उत्तराखंड में लैंड जिहाद, थूक जिहाद और धर्मांतरण जैसी गतिविधियों की अनुमति नहीं दी जाएगी। उन्होंने राज्य की संस्कृति को सुरक्षित रखने और गलत काम करने वालों पर सख्त कार्रवाई का भरोसा दिलाया।

[arthrussell]

ভূমি অপরাধ প্রতিরোধ ও প্রতিকার আইনের ৮ ধারা

Photo by Pavel Danilyuk on Pexels.com ভূমি অপরাধ প্রতিরোধ ও প্রতিকার আইন, ২০২৩ এর ৮ ধারায় অবৈধভাবে দখলচ্যুত ব্যক্তির দখল পুনরুদ্ধার নিয়ে আলোকপাত করা হয়েছে। এই আইনে বলা হচ্ছে, কোন�� ব্যক্তিকে উপযুক্ত আদালত বা কর্তৃপক্ষের আদেশ ব্যতীত তাঁর দখলীয় ভূমি থেকে উচ্ছেদ বা দখলচ্যুত করা হলে, তিনি দখল পুনরুদ্ধার করার জন্য সংশ্লিষ্ট অধিক্ষেত্রের এক্সিকিউটিভ ম্যাজিস্ট্রেটের নিকট আবেদন করতে পারবেন। অর্থাৎ এই…

[caselaw-and-chai]

Case Reading: Street v Mountford

Key Topic: Leases and Licences; Land Law Read with me: Street v Mountford [1985] AC 809

Disclaimer that this is my interpretation of the case, not to be taken as definitive fact, and not legal advice. I have not included every aspect of this case, only the parts I deem essential for my own notes.

This case, held in the House of Lords, is the authority for the three elements distinguishing a lease from a licence, these being a defined term, payment of rent, and exclusive possession.

What Happened? —

Street (S) allowed Mountford (M) to occupy two rooms for £37 per week, subject to conditions set out in a written agreement. This was titled "Licence Agreement" and included a declaration signed by M, that she understood that it did not give her a tenancy protected by the Rent Acts. Later that year, S sought an order in the county court to determine if it was a tenancy (lease) or a licence.

This distinction matters because it affects the rights given to the occupier. If M had a lease, she would have acquired a legal leasehold estate in the land, and the law would give her occupation greater protections, such as through the Rent Acts. If instead it was a licence, these protections wouldn't apply.

In the county court, it was deemed a lease, then appealed to the Court of Appeal who deemed it a licence, then appealed to the House of Lords here.

The House of Lords determined that it was a lease, despite the title and declaration included within the agreement.

Why Is It Important? —

This case is the leading authority for two essential parts of land law:

1. There are three elements that distinguish a lease from a licence: a defined period of time of occupancy; a payment of rent; and exclusive possession of the land, where the occupier has the right to exclude anyone - including the landlord - from being on the land.

Other cases since have elaborated on the specific meaning and application of these elements; some of these will be discussed briefly below.

2. The distinction between a lease and a licence is based on the consequences of the agreement, not the parties' intentions.

An agreement satisfying all requirements of a tenancy creates a tenancy, even if the contracting parties insist they intended to create a licence.

Quotes —

These are taken from the speech given by Lord Templeman in his judgement.

"there is no doubt that the traditional distinction between a tenancy and a licence of land lay in the grant of land for a term at a rent with exclusive possession" "To constitute a tenancy the occupier must be granted exclusive possession for a fixed or periodic term certain in consideration of a premium or periodical payments" = Gives the three elements of a lease

"any express reservation to the landlord of limited rights to enter and view the state of the premises and to repair and maintain the premises only serves to emphasise the fact that the grantee is entitled to exclusive possession and is a tenant" = Exclusive possession is not invalidated by the landlord having some limited rights to access the land

"the consequences in law of the agreement, once concluded, can only be determined by consideration of the effect of the agreement. If the agreement satisfied all the requirements of a tenancy, then the agreement produced a tenancy and the parties cannot alter the effect of the agreement by insisting that they only created a licence" "Parties cannot turn a tenancy into a licence merely by calling it one" "the only intention which is relevant is the intention demonstrated by the agreement to grant exclusive possession for a term at a rent" = The parties had the right to contract on whatever terms they chose, but the consequences are decided by the effect of that agreement, not their intentions

Further Reading —

Lace v Chantler 1944 = occupancy for "the duration of the war" was not sufficiently certain, as the parties did not know at the time when that would be

Prudential Assurance Co Ltd v London Residuary Body 1992 = a tenancy which runs week-to-week or month-to-month is deemed certain, because those individual periods are certain in length

Antoniades v Villiers 1990 = terms of an agreement will be looked at in context; a term which stated that the landlord could stay whenever he wished was not evidence of a licence, because it was extremely unlikely he would actually have ever done so

Manchester CC v National Car Parks Ltd 1982 = exclusive possession requires access to the land at all times of the day

__

[rebel-girl-queen-of-my-world]

With international attention focused on Israel’s genocide in Gaza, Israel is violently and rapidly stealing more and more Palestinian land in the West Bank.

Israel’s most genocidal leaders are seeing through plans to force as many Palestinians out of their homes as possible in order to ensure they can never return.

“For every country that unilaterally recognizes a Palestinian state, we will establish a [illegal] settlement,” said Israeli Finance Minister Bezalel Smotrich.

Let’s be clear, stealing Palestinians land has been Israel’s goal since day 1. It’s illegal, it’s wrong, and it must be stopped.

No one is above international law. The Biden administration should be pushing Israel to abide by international law, not enabling its war crimes against Palestinians.

Like all people, Palestinians deserve to be safe and free in their homes.

[dykealloy]

[fang-wife]

so fond of when subs get fucked so unapologetically stupid they just start saying sorry. when they don't even really know for what, just big wet puppy eyes and not all that much in their head. drooly and flush and so very weepy. its always when you start condescending to them just to tease them. about not letting them cum and they just get so wide-eyed and hysterical and go im sorry im sorry im sorry please let me cum. even if you fully intend to let them, or already told them they can - they're so out of it they just start begging. so cute. makes me soo <33

[landofmoa]

Do what’s best for your soul. Fuck anything else.

[poorly-drawn-mdzs]

Lan Wangji Goes To Lotus Pier AU: Part 4: Deranged Bedfellows

(Part 1, Part 2, Part 3, Part 4.5)

[sen-ya]

[Sen's Digital Comic Book] || [support me on ko-fi]

forgetful // pt 4/8

the next part is a few pages srry for the single page intermissions i just missed the hearts.....

[chaoticace22]

i know July's not over yet (and shit can happen) but i'm going offline for a while

Edit: Barbie and Oppenheimer deserve their own Stefan recap that i'll do when i'm gonna be back home and watch it (so in August) lol

[uttarakhandwiki]

जानें कि पांचवीं अनुसूची क्या है, किन राज्यों में यह लागू है, और उत्तराखंड में इसे शामिल करने से भू-कानून, नौकरियों में आरक्षण और स्थानीय अधिकारों को कैसे बढ़ावा मिल सकता है।

[arthrussell]

ভূমি অপরাধ প্রতিরোধ ও প্রতিকার আইন

ভূমি সংশ্লিষ্ট অপরাধ প্রতিরোধ ও প্রতিকারের উদ্দেশ্যে বাংলাদেশ সরকার সাম্প্রতিক ভূমি অপরাধ প্রতিরোধ ও প্রতিকার আইন, ২০২৩ নামে একটি নতুন আইন প্রণয়ন করেন। এই আইনের ৪ ধারায় ভূমি প্রতারণা সংক্রান্ত অপরাধ ও শাস্তির বর্ণনা আছে। দণ্ডবিধির ৪১৫ ধারায় প্রতারণা (Cheating) এর সংজ্ঞা দেওয়া আছে। সাধারণত যদি কোন ব্যক্তি অন্য কোন ব্যক্তিকে ছলনা করে অসাধুভাবে কোন ব্যক্তির নিকট কোন সম্পত্তি প্রদানে প্ররোচিত করে…

[puppetmaster13u]

Prompt 152

A child has interrupted a Gala in Gotham, which wouldn’t be too much of a note except the fact that they’re obviously not human and they have an armful of scrolls. And look incredibly frazzled and exhausted. 

Which, who wouldn’t be confused and curious about such a situation? Except asking the child what they’re doing here only causes more questions. 

“So some dimensions’ governments are deeming undead and ecto-contaminated living as non-sentient, so uhm, we’re getting sent to send out these warnings to people in places that are in danger of that. As like a warning in case their government does the same? I-I don’t know I’m just the messenger :(“ 

[svdaily]

Praying for detachment from all things that do not serve my best interest.

[starry-bi-sky]

danny and officer martinez's relationship in "late at night, when the nightingale sings" in a nutshell:

Martinez: FREAK! GET YOUR FUCKING KID!

Battinson, on the other side of the crime scene: he don't bite

Martinez, with Nightingale firmly attached his arm, visibly biting him: YES HE DO!

*points at them* Danny is the Bugs Bunny to Martinez's Elmer Fudd.

Another Officer: i can't believe you're fighting with an actual twelve year old. Martinez: i swear to god that is not a twelve year old, that is a little hellion that crawled out of batman's shadow one dark and stormy night and decided to dedicate his existence to tormenting me. Officer: Are you really that mad about him putting a sticky note on your back-- Martinez: thats not the point

in danny's defense: the word "freak" is. a mini beserker button for him for.... obvious ghostly reasons, so like, even if its not directed at him, he still very much unappreciates Martinez's insults at Battinson. Danny may or may not be projecting.

he's not going to hurt the guy! not in any serious or permanently disfiguring way at least! But he is going to leave mean sticky notes on the square part of his spine that he can't reach, and stick salt in his 3AM Late Night Crime Scene Coffee, and kick the bottom of his heel while he's walking so he stumbles. And other petty, infuriating things that tally up and boil over, over time.

[andaniellight]

"kys" oh that's fucking rich coming from a guy who'd rather take all kinds of shit and sacrifice himself than letting others die on him