Elisabeth Wickeri * Anil Kalhan ** Introduction . Overreaching applies where there exists a trust of land in both registered and unregistered land. As a legal term, land means not merely the dry superficies of the earth, but also comprises of all that has material form that man has received or can receive from nature, that is to say, … As a result, land reforms in Uganda in the twentieth and twenty first centuries have been targeted to rectify those historical errors. - Can be categorised- what you own- reality and personality. 2/25/2015 20EQUITY & LAND LAW 21. VII No. Irrigation agency: A state agency responsible for the construction, operation and management of one or more publicly funded irrigation systems. Asante –Ansong S., Compulsory Land Purchase and Compensation [1976] Vol. A brief treatment of property follows. Under common law, the earliest forms of landlord and tenant relationship on record has its origin rooted in the medieval land law and was originally one of contract only. Conscious that they will later have to wed the concepts they formulate to the complexities of the common law, trained to make distinctions rather than to see Every known legal system has rules that deal with the relations among persons with respect to (at least) tangible things. Hence, any attempt to go further on the subject-matter is a clear call to the doctrine of Quic Quid Plantatur Solo Solo Cedit. concept of possession in the common law-including Salmond himself-prove surprisingly disappointing. This concept arose towards the end of the 12th Century, due to the realization for money making over developed/landed property. Article VI declared that “This Constitution … Shall be the supreme law of the land.” Laws passed by Congress, though supreme in relation to State constitutions and State … Work published since the first edition of this text is taken into account, and the treatment of the nineteenth century period has been enlarged. Land is a factor of production and a necessity for the survival of the family. The extraordinary diversity of the property systems of non-Western societies, however, suggests that any concept of property … Customary law had provisions for land use, land transfer and licensing others to enjoy the fruits of land without objection. This is a common law doctrine which was received into the Nigerian Land Law. First slide: Objectives: - Understand what is meant by the term ‘property’. 18.17 The ‘bundle of rights’ that property ... eg, Peter Butt, Land Law (Lawbook Co, 5th ed, 2006) [612]. Newland states that the elements having greater atomic masses cannot accommodate into octaves and could not be fit into … Land tenure: The relationship, whether legally or customarily defined between people, as individuals or groups, with respect to land. Prehistoric period This research cannot ignore the importance of the anciéne régime when it comes to conflict of rights in the land law with reference to customary … Roman property law began with the concept of ownership (dominium), and it applied principally to slaves and land. The concept Land use -- Law and legislation represents the subject, aboutness, idea or notion of resources found in European University Institute. - identify the various theories regarding the origin, justifications and condemnation of private property. In Centre for Environmental Law, WWF-I v. Union of India and others,11 the petitioners, World Wide Fund for Nature, approached the Supreme Court of India by way of a public interest petition in 1995. Law of Octaves was true only for Elements up to Calcium. Murphy considered the possibility that it doesn't matter what the concept of law is. The first who enclosed a piece of land and said- ‘this is mine’- he was the founder of real society. Overreaching is the process by which the rights of … The concept of ‘property’ may be elusive. THE CONCEPT OF FAMILY PROPERTY UNDER CUSTOMARY LAW IN NIGERIA Academics and jurists have described customary law in various ways. A History of the Land Law A. W. B. Simpson Abstract. Fixtures in Land Law is a concept that relates to land-they are chattels affixed to the land. Definition & concept of property ... provided he makes no use of them prohibited by law. The positivist claims the judge is making law whereas Dworkin says she is simply giving her view about what the law already is. This is traditionally viewed as debate about what the content of the concept of law is. There are numerous reasons why a piece of land might be expropriated which may include:- usage for roads, usage for redistribution to the poor for housing, etc. He then goes on to say, with regard to land ownership and rights, how there are three interrelated categories of these rights in customary law: 1) collective ownership – the idea of community or group-based ownership; 2) individual ownership - that there is no individual right of ownership but that the individual does have rights, such as use and enjoyment, under the communal land … The bulk of the 70-75% of the extreme poor on our planet who make their livelihood in the rural - Distinguish between different categories of property. Overreaching in Land Law - Overreaching is a mechanism aimed at achieving conveyancing efficiency with minimal regard to protecting interests held in land. The family is the smallest unit of the society and the bedrock of civilization. This book provides an account of the historical development of the common law of landed property. Some described customary law of a community as a ‘body of customs and traditions which regulate the various kinds of relationship between members of the community.’ Customary law … Land Law and Legal Definition The ordinary meaning of the word ‘land’ is that of dry superficies of the earth as distinguished from water or air. The principal requirements were comparatively simple: one only had to prove a legitimate transaction and unchallenged ownership for a year in the case of movable property and two years in the case of land. It looks to facilitate how an owner of land may use it or moderate how others do so; this relationship can develop into ‘interests’ in the land. The concept of legal title: its uses and applications in territorial disputes are of paramount importance for the jurisprudence in international law and its analysis implies a challenge which has to be taken. regulate land use has never been systematically explored. - understand the concept of property, objects of property and property law. 2.1. Land Rights Issues in International Human Rights Law . Hence the creation of family land. This concept in the twenty-first century is, however, subject to limitation by statutory law and comes increasingly under challenge at common law. As examples, ownership of the air space above the land surface is qualified by Air Navigation legislation, and unregistered wayleaves and easements under Electricity … However, its acceptance has not benefitted from a detailed legal theoretical explanation. This com-ment examines the development of land use regulation doctrines and the concomitant evolution of the concept of compensable takings, as they reflected and were shaped by the social and institutional reorien-tations that occurred during the nineteenth century.