16. Priorities in Registered Land

Land Law ◽  
2018 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Third Party ◽  
Priority Rules ◽  
General Law ◽  
The Creation ◽  
Personal Liability ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the defences against pre-existing property rights that are available to a purchaser of registered land. It is concerned with priority rules in registered land. The LRA 2002 offers a distinct set of priority rules for one category of transaction: a registrable disposition of a registered estate for valuable consideration. The chapter analyses the priority rules applicable to such transactions, including the effect of the entry of a land registry notice, the category of ‘overriding interests’ (property rights immune to a lack of registration defence), and limitations on the powers of a registered owner. The chapter concludes by examining the policy of the LRA 2002 to transactions that are tainted by fraud or wrongdoing that is not such as to invalidate the transaction. Such transactions may result, under the general law, in the imposition of personal liability on the registered proprietor, or the creation of new direct rights in favour of a third party.

14. Registered land and priorities

2015 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Third Party ◽  
Priority Rules ◽  
General Law ◽  
The Creation ◽  
Personal Liability ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the defences against pre-existing property rights that are available to a purchaser of registered land. It is concerned with priority rules in registered land. The LRA 2002 offers a distinct set of priority rules for one category of transaction: a registrable disposition of a registered estate for valuable consideration. The chapter analyses the priority rules applicable to such transactions, including the effect of limitations on owner's powers, entry of a land registry notice and the category of ‘overriding interests’, in relation to which there is no defence. The chapter concludes by examining the policy of the LRA 2002 to transactions that are tainted by fraud or wrongdoing that is not such as to invalidate the transaction. Such transactions may result, under the general law, in the imposition of personal liability on the registered proprietor, or the creation of new direct rights in favour of a third party.

16. Priorities in Registered Land

2021 ◽  
pp. 579-618
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Priority Rules ◽  
Land Registration ◽  
General Law ◽  
The Creation ◽  
Personal Liability ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the defences against pre-existing property rights that are available to a party who acquires for value and registers a right in registered land. The Land Registration Act 2002 (LRA 2002) offers a distinct set of priority rules for one category of transaction: a registrable disposition of a registered estate for valuable consideration. The chapter analyses the priority rules applicable to such transactions, including the effect of the entry of a land registry notice, the category of ‘overriding interests’ (property rights immune to a lack-of-registration defence), and limitations on the powers of a registered owner. The chapter concludes by examining the policy of the LRA 2002 to transactions that are tainted by fraud or wrongdoing that is not such as to invalidate the transaction. Such transactions may result, under the general law, in the creation of new direct rights which may, for example, impose personal liability on a registered party.

13. Unregistered land and priorities

2015 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Legal Rights ◽  
Priority Rules ◽  
Fundamental Distinction ◽  
Bona Fide ◽  
Good Conscience ◽  
The Right ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the defences against pre-existing property rights that are available to a purchaser of unregistered land. It is concerned with priority rules in unregistered land. The fundamental distinction in unregistered land is between legal and equitable rights. Generally, there is no defence against pre-existing legal rights. In respect of equitable rights, a defence is available for a bona fide purchaser for value without notice of the right. The defence is founded on equity's ideas of acting in good conscience. The Land Charges Act 1925 (LCA 1925) provided a system for the registration of a limited number of interests in unregistered land. It had been replaced by the LCA 1972. The 1972 Act enables a number of equitable interests, and one legal interest, to be recorded on a register against the name of the holder of the legal estate. In respect of property rights registrable as land charges a purchaser may have a defence of non-registration. The doctrine of notice does not apply in respect of such rights..

Sales law and the negotiability of motor vehicles: a legal conundrum*

Legal Studies ◽  
1995 ◽  
Vol 15 (1) ◽  
pp. 14-34
Author(s):  
Iwan R Davies
Keyword(s):  
Property Rights ◽  
Common Law ◽  
Third Party ◽  
Motor Vehicles ◽  
Priority Rules ◽  
A Priority

The traditional common law analysis where a third party wishes to acquire an indefeasible interest in a chattel is to direct the latter to the ‘owner’, as the prerequisite for the enjoyment of most property rights depends upon our ability to acquire these from someone else. In this respect, the issue of whether a disposition constitutes the extinguishment of an interest in the chattel or whether a dealing raises priority questions is fundamental. Extinguishment issues go to rights of ownership, typically, where the property of A is misappropriated by a third party T who disposes of it to B, and the question of law is whether B prevails against A with its attendant consequence of extinguishing A's title. In contrast, a priority dispute arises where there are competing security interests in the same chattel which may be resolved either through a subordination agreement or through clear priority rules.

2. Introduction to Trusts

2019 ◽  
pp. 23-62
Author(s):  
Paul S Davies ◽  
Graham Virgo
Keyword(s):  
Property Rights ◽  
Trust Property ◽  
The Creation ◽  
The Law ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter presents an introduction to the legal mechanisms of a trust, which involves a trustee or trustees holding property rights on behalf of another or for an identified purpose. A trustee is obliged in Equity to exercise those rights for that person or purpose. The law of trusts is primarily concerned with the different rights that various people might have following the creation of a trust. There is particular controversy about the nature of the beneficiary’s rights to trust property. There are a variety of reasons why someone would wish to create a trust, with the consequent separation of legal and equitable title, and a number of categories of trust exist, the operation of which is influenced by the context in which the trust arises.

PRODUKSI GULA MERAH DI RT 002 RW 002 DESA SLUMBUNG KECAMATAN NGADILUWIH KABUPATEN KEDIRI BERDASARKAN PERSPEKTIF ISLAM

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Elsa Karino
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
Production Process ◽  
Key Words ◽  
Transformation Process ◽  
Economic Potential ◽  
Capital Management ◽  
Islamic Perspective ◽  
The Earth ◽  
The Creation

Production is an activity to convert inputs into outputs through the transformation process. Input in the form of man, money, method, material, machine. While the output is in the form of goods or services. The purpose of production in general is to meet individual needs. There are several factors that influence production namely land and all economic potential that is processed and cannot be separated from the production process, labor is directly related to the demands of property rights through production, and capital, management and technology. In production there are various types of production, namely production which is intermittent and continuous. The production, if viewed from an Islamic perspective, it must fulfill the following principles. First, produce in a halal circle. Second, managing natural resources in production is interpreted as the process of creating wealth by utilizing natural resources must rely on the vision of the creation of this nature and along with the vision of human creation, namely as a blessing for all nature. Third, the Caliph on the earth is not only based on the activity of producing the usefulness of an item but work is done with the motive of benefiting to seek the pleasure of Allah SWT. Key Words: Production, Red Sugar, benefiting

Property and Exchange

2017 ◽  
Author(s):  
Richard Adelstein
Keyword(s):  
Property Rights ◽  
Single Object ◽  
Voluntary Exchange ◽  
The Creation ◽  
Favorable Conditions

Property is what’s exchanged in markets, and this chapter examines its nature, introduces the ideological dispute between Locke and Bentham over its origins and the implications of their views for government and individuals, and shows how and to what effect property is exchanged in explicit markets. Rights are distinguished from objects, and property is defined as rights to control specific objects for specific uses at specific times, so different people may own different property rights in a single object at the same time. For Locke, individuals have these rights naturally and create government to protect them, while Bentham argues that government creates rights and can allocate them coercively toward its proper ends. The creation of new rights to resolve disputes is considered, and movement of property rights to higher-valuing owners by voluntary exchange in perfectly favorable conditions is illustrated by a hypothetical dispute over the use of a house.

scholarly journals Creation of Technical Conditions for Use or Infringement – The Meanders of the Warehouse Keeper’s Liability in Light of CJEU Judgment C-567/18 Coty Germany

2021 ◽  
Vol 52 (3) ◽  
pp. 265-282
Author(s):  
Krystyna Szczepanowska-Kozłowska
Keyword(s):  
Property Rights ◽  
Point Of View ◽  
Literal Meaning ◽  
Property Right ◽  
Third Party ◽  
Property Law ◽  
Industrial Property ◽  
The Absolute ◽  
The Law ◽  
Trademark Use

AbstractOne form of industrial property right infringement is stocking for the purpose of offering or marketing. This form of infringement appears both in EU legal acts on trademarks or designs, as well as in national regulations, including those concerning patents. What is specific to stocking when compared to other activities comprising the stipulated exclusivity of the holder of industrial property rights is the fact that the literal meaning of “stocking” does not explain whether the infringing party or the warehouse keeper is the entity that places the goods in storage. The structure of industrial property rights as absolute rights would theoretically permit the view that the law is violated by both the entity that accepts the goods for storage and the entity that places such goods in storage. To determine if there is an infringement, it must be established what the goods being stocked are further intended for. It is not without significance that the finding of an infringement of industrial property rights does not depend on fault or awareness. From the point of view of the industrial property law regime, it is difficult to find arguments against this understanding of infringement by stocking. Since the offeror of goods infringing industrial property rights may be held liable even if the goods have not yet been manufactured, it is conceivable that the entity accepting such goods for stocking is also liable. This interpretation of the concept of stocking would certainly correspond to the absolute nature of liability for infringement.In a recent judgment the CJEU confirmed that the warehouse keeper who, on behalf of a third party, stores goods which infringe trademark rights only creates the technical conditions for trademark use by this third party provided that the warehouse keeper is not aware of that infringement. The CJEU also confirmed that only the person who decides about the purpose of storing the goods can be treated as an infringer. However, the CJEU did not respond to the question regarding whether the warehouse keeper could be treated as an infringer if it pursues the aims of storing the goods at the request of the entity that put the goods into storage.

scholarly journals Mahindra First Choice

2021 ◽  
pp. 354-362
Author(s):  
Ben Jackson ◽  
Genevieve Joy
Keyword(s):  
Third Party ◽  
Repair System ◽  
Market Failures ◽  
System A ◽  
Car Market ◽  
System P ◽  
First Choice ◽  
Used Car ◽  
The Creation ◽  
Trust Information

Mahindra Firstchoice illustrates the process of ecosystem orchestration in the context of the second-hand car market in India. It describes how Mahindra Firstchoice mapped the ecosystem in relation to six key parties—consumers who were buyers, consumers who were sellers, car manufacturers, independent used-car dealers, independent car service workshops, and banks. It then identified the bottlenecks and ‘pain points’ that afflicted the six parties. The used-car market did not function properly because of lack of trust, information, and transparency and Mahindra Firstchoice worked with the parties to identify solutions to the market failures. These involved, amongst other things, the creation of third-party car inspection services, the establishment of a multi-brand car-dealer franchise, a warranty system, a bluebook of second-hand prices and transactions, and a car diagnosis and repair system.

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