9. Easements

Land Law ◽  
2017 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Subject Matter ◽  
Essential Feature ◽  
Content Acquisition ◽  
The Subject ◽  
The Right

This chapter examines easements and how they relate to the content, acquisition and defences questions. Easement refers to the right of a landowner to enjoy a limited use of neighbouring land. An essential feature of an easement is the need for two pieces of land: the dominant land to which the benefit of the easement is attached and the servient land over which the easement is exercised. This chapter considers the four defining characteristics of an easement: there must be two distinct areas of land — dominant land and servient land; the dominant and servient land must be owned by diffrent people; the easement must ‘accommodate’ the dominant land; and the right must be capable of forming the subject matter of a grant. It also discusses the express creation vs. implied creation of an easement, along with defences that can defeat an easement.

9. Easements

Land Law ◽  
2020 ◽  
pp. 317-339
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Subject Matter ◽  
Essential Feature ◽  
Content Acquisition ◽  
The Subject ◽  
The Right

This chapter examines easements and how they relate to the content, acquisition and defences questions. Easement refers to the right of a landowner to enjoy a limited use of neighbouring land. An essential feature of an easement is the need for two pieces of land: the dominant land to which the benefit of the easement is attached and the servient land over which the easement is exercised. This chapter considers the four defining characteristics of an easement: there must be two distinct areas of land — dominant land and servient land; the dominant and servient land must be owned by different people; the easement must ‘accommodate’ the dominant land; and the right must be capable of forming the subject matter of a grant. It also discusses, in relation to the acquisition question, the express and implied creation of an easement, as well as the involuntary acquisition of an easement through prescription. It concludes by considering with the defences that can defeat an easement.

Observations on the Provenance of the Thames Valley Pick, Swalecliffe, Kent

1926 ◽  
Vol 5 (2) ◽  
pp. 224-230 ◽  
Author(s):  
F. H. Worsfold
Keyword(s):  
Subject Matter ◽  
Sloping Ground ◽  
Relative Age ◽  
Treasure Trove ◽  
The Road ◽  
University College London ◽  
Exact Position ◽  
The Subject ◽  
London Clay ◽  
The Right

From the Marine Parade, Tankerton, Whitstable, looking East, one obtains a capital view of Tankerton Bay, Swalecliffe, in which my discoveries have been made which are to form the subject matter of this paper. The grassy cliff at Priest and Sow corner at the end of the road stands at 55 O.D. This height gradually declining round the arc of the bay, to die out entirely in the Long Rock occupying the middle distance and through which the Swalecliffe Brook discharges into the sea. Just beyond, a little to the right, are the disused Swalecliffe Brick Works, with Stud Hill and Hampton lying further back. To the left and edging the horizon, Herne Bay Pier is clearly discernable. The accompanying copy of (Plate I.) the 25-in. Ordnance map of this Tankerton Bay section gives the exact position of the 650 yards from the Parish Boundary Stone eastwards indicated thereon with a X in which are found the gravels and brick-earths which have proved so rich in archaeological treasure trove. The whole of this south-easterly directioned well-drained gently sloping ground, from the Priest and Sow corner to the Swalecliffe brook, forms an ideal camping site. Last April a paper was read by me before the Geological Association, at University College, London, entitled “An Examination of the Contents of the Brick Earths and Gravels of Tankerton Bay, Swalecliffe, Kent,” in which the geological aspect of this section was fairly exhaustively treated, so that in this particular it will be unnecessary for me to do more than give a brief summary of the results of that examination as to the relative age and stratigraphical sequence of the Drift material found here overlying the London Clay.

17. The Essential Characteristics of Easements

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Subject Matter ◽  
Wide Range ◽  
Explanatory Text ◽  
The Subject ◽  
The Right ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the characteristics of an easement: there must be a dominant and a servient tenement; the easement must accommodate the dominant tenement; the easement must be owned or occupied by different people; and an easement must be capable of forming the subject matter of a grant. All four characteristics must exist for a right claimed to be an easement. If any one of those is missing then the right is not an easement.

An Achievement test in Solid Geometry

1928 ◽  
Vol 21 (3) ◽  
pp. 151-162
Author(s):  
Louis A. McCoy
Keyword(s):  
Secondary School ◽  
Subject Matter ◽  
Achievement Test ◽  
School Mathematics ◽  
The Other ◽  
Good Teacher ◽  
Secondary School Mathematics ◽  
Solid Geometry ◽  
The Subject ◽  
The Right

In the work of teaching secondary school mathematics in a large school where there are as many as twelve different divisions of the same subject, it would be very interesting and indeed very enlightening to see the different grades of work being done. Different teachers have their own pet ways of doing things, of presenting new matter, of conducting recitations, of drilling on old matter, of developing mathematical power in their pupils, etc. And yet they are all striving for the same results. The fact that one teacher's pupils consistently attain better results naturally should put a premium on that teacher's methods, and the work of the department would be improved if some of the other teachers would take a leaf out of the successful teacher's book. Students will often remark “So and So is a good teacher; I get a lot out of his class; he makes things clear; he has good discipline; he certainly gets the stuff over, etc.”An inspector visits the class, notes the attitude of the pupils, the personality and skill of the teacher, and oftentimes is familiar enough with the subject matter of the recitation to see if the pupils are catching and giving back the right things, and then grades the teacher as an Al man, for example. But does the opinion of the boys themselves or the visitor answer the question whether or not the teacher is successful in giving his subject to the pupils? Don't we need something more objective, more tangible, more exact on which to pin our faith? In general the supervisors are hitting it right, also the students, but we think we can do better.

scholarly journals Ghostwriters as a Legal Phenomenon: Features and Perspectives of Legal Regulation of Their Activity

Lex Russica ◽  
2021 ◽  
pp. 19-27
Author(s):  
N. V. Zaitseva
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Civil Law ◽  
Fundamental Property ◽  
Legal Regulation ◽  
Administrative Law ◽  
Scientific Field ◽  
Property Right ◽  
The Subject ◽  
The Right

The paper is devoted to the problem of using the work of another person in the intellectual field, primarily in literary activity. The involvement of ghostwriters in writing literary works has created a legal phenomenon when the subject matter of contractual relations represents the inalienable non-property right, namely: the right of authorship the transfer of which is not possible in many jurisdictions, and in others, despite the absence of an explicit prohibition, there is no legal regulation of such alienation. However, the existence of ghostwriters cannot be assessed as a unique phenomenon of modernity. In our time, they have only gained new forms and a special place not only in the literary, but also in the scientific field. In this regard, the establishment of legal mechanisms for attracting and regulating ghostwriters is more effective than the establishment of a system of prohibitions.In the conditions of changing publishing businesses and increasing ways and forms of proof, questions about the authenticity of a person's authorship began to arise increasingly, especially in the field of scientific and scholarly literature, where the work of "new" researchers is often used. The issue of assignment of the right of authorship (copyright) — a fundamental property right — is treated differently in different legal systems. The continental system of law relies on impossibility of transferring copyright from one entity to another as part of a civil law transaction. Therefore, instances of attribution of authorship are assessed in the context of criminal or administrative law. It forms the legal essence of the division of rights of authorship into property and nonproperty ones: any commercial rights to intellectual property can be ceded except the authorship.

scholarly journals PARTICULAR FEATURES OF CONTRACTUAL INHERITANCE OF LEGAL CLAIMS AND OTHER LIABILITIES

2016 ◽  
pp. 0-0
Author(s):  
Эдвард Пилипсон ◽  
Edvard Pilipson
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Practical Problem ◽  
Correct Choice ◽  
Private International Law ◽  
Legal Regime ◽  
Applicable Law ◽  
The Subject ◽  
The Right ◽  
The Cost

Contractual succession of legal claims and liabilities in administering rules of private international law is a quite complicated practical problem. The correct choice of the applicable law is the priority in this situation. As of today inheritance of movables, including claims, liabilities takes place according to the connecting factors’ rules “lex patriae” and “lex domicilii” which according to the offered assumption, are not adequate in a situation of the inheritance by contract. It is worth mentioning that in some cases the right to claim, liability acquires legal regime called “res in transitu” which requires special succession regime. Secondly, it is necessary to evaluate the subject matter of the contract. Inheritance by contract is mediated by the tools of the contractual right which is based on the concluded contract with the cross material perquisites evaluated in a certain sum. Due to this circumstance the assessment should be accepted as a basis for the contract price. Since in accordance with the current legislation the assessment can be made solely in relation to a constant liability (for example, in the situation with a contract of purchase), in case of a contractual inheritance of legal claims (cession), it is not clear how provisional assessment can be made, as the cost of liabilities can change drastically depending on circumstances in the course of a certain period of time. This article is devoted to the investigation of these problems.

scholarly journals Extraterritorial application of the right to life on the high sea . Commentary to the Views adopted by the Human Rights Committee of 27 January 2021, A.S., D.I., O.I. and G.D. against Italy, Communication No. 3042/2017

2021 ◽  
Author(s):  
Bartosz Pacholski
Keyword(s):  
Human Rights ◽  
International Law ◽  
Subject Matter ◽  
Political Rights ◽  
Right To Life ◽  
Rescue Operation ◽  
Protection Of Human Rights ◽  
The Subject ◽  
Civil And Political Rights ◽  
The Right

The subject matter of this commentary, which instigates the Views of the Human Rights Committee of 27 January 2021, is the protection of one of the fundamental human rights – the right to life. The Committee, as an authority appointed to oversee compliance with the International Covenant on Civil and Political Rights, had to decide on the issue of Italy’s responsibility for failing to provide assistance to a boat in distress, even if the area in which the vessel was located was not within the territory of this state and other acts of international law attribute the responsibility for executing the rescue operation to a third country. According to the Committee’s views, which applied extraterritorial approach to the protection of the right to life, whenever states have the opportunity to take action for the protection of human rights they should do everything possible in a given situation to help people in need.

Decision and game theory

2018 ◽  
Author(s):  
Cristina Bicchieri
Keyword(s):  
Game Theory ◽  
Decision Making ◽  
Decision Theory ◽  
Subject Matter ◽  
Individual Decision Making ◽  
Conflict And Cooperation ◽  
Intentional Agent ◽  
The Subject ◽  
The Right ◽  
Subject Making

Decision theory studies individual decision-making in situations in which an individual’s choice neither affects nor is affected by other individuals’ choices; while game theory studies decision-making in situations where individuals’ choices do affect each other. Decision theory asks questions like: what does it mean to choose rationally? How should we make choices when the consequences of our actions are uncertain? Buying insurance and deciding which job to take are examples of the kind of decisions studied by this discipline. Game theory instead applies to all decisions that have a strategic component. The choices of an oligopolist, voting strategies, military tactical problems, deterrence, but also common phenomena such as threatening, promising, conflict and cooperation are its subject matter. In a strategic situation, the goal is not just to choose rationally, but to choose in such a way that a mutual solution is achieved, so that choices ‘coordinate’ in the right way. The formal methods developed by game theory do not require that the subject making a choice be an intentional agent: coordinated interaction between animals or computers can be successfully modelled as well.

10. Introduction to administrative lawThe foundations and extent of judicial review

2021 ◽  
pp. 142-160
Author(s):  
Colin Faragher
Keyword(s):  
Judicial Review ◽  
Subject Matter ◽  
Public Law ◽  
Essential Information ◽  
High Court ◽  
Court Judge ◽  
Public Body ◽  
The Subject ◽  
The Right ◽  
Public Bodies

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the concept of judicial review. Judicial review allows a High Court judge to examine the lawfulness of decisions made by public bodies carrying out their public functions and enactments where there is no right of appeal or where all avenues of appeal have been exhausted. The defendant must be a public body, the subject matter of a claim must be a public law matter, and the claimant must have the right to claim. This chapter also looks at the basis procedure for judicial review.

Scientific Literature and the Classification of the Sciences

1958 ◽  
Vol 2 (19) ◽  
pp. 89-93
Author(s):  
H. D. Anthony
Keyword(s):  
Subject Matter ◽  
Scientific Literature ◽  
Decimal Point ◽  
Natural Evolution ◽  
Mechanical Process ◽  
Decimal System ◽  
Word Classification ◽  
The Subject ◽  
The Right

The word “classification” is used here in its sense of “the result of classifying” rather than the action of so doing. Since the resulting classification has special reference to the subject-matter of science as a whole, it is natural to turn to the scientific literature of various periods for an indication of how this classification has been developed. For sake of comparison, reference may be made to one of the modern systems of library classification. In the Dewey Decimal System the numbers 550 to 559 are allotted to Geology and 560 to 569 to Palaeontology. By placing numbers to the right of the decimal point, further sub-divisions may be made, for example, 560·942 is classed as Palaeon-tology of England. Thus a number is available for every reasonable demand of classification. The present purpose is to trace the natural evolution of the various branches of science, in contrast to the mechanical process of providing a classification of scientific literature for ease of reference. An example may make this distinction clearer.

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