Postgrad essay question: Commonwealth property law

Impressed upon a landholder by his neighbour were a number of demands in relation to his property tenureship…

The demands themselves were cultural in nature and were communicated with an apparent guarantee of Crown complicity…

The landholder would like to know if his neighbour’s demands carry with them a responsibility in law.

500 words or less

Yes. Its a ancient right, rooted the Clameur de Haro.

en.m.wikipedia.org/wiki/Clameur_de_haro

It hasn’t been fully repealed anywhere, including the US, and us still in force in some parts of the Commonwealth in near original form. Its morphed considerably from it’s original source, and must go through the court systems (usually), which are fully autonomous of the royalty now.

I need to point out Mozambique unlikely follows our pattern of law, but given the antiquity of this, likely has it in effect form it’s own equivalent from it’s colonial core of laws.

Like… this forum… it’s owned by a moderator, yet is public space under US law, circuit courts have ruled Carleas isn’t nearly as entitled to do what he wants with our posts as he thinks he can, per rulings against Linden Labs/Second Life. You still have ownership over yourself, and your right to speech isn’t negated just because someone owns the ground you stand on, if it’s publicslly accessible, and merely slapping up a involuntary contract stating that by reading by his, you agree with this, isn’t a enforceable contract in the US for this sort if behavior… what has been calked “antics” has actually been well in accord with my responsibility to confirm my property rights to my own copyrighted protected speech continues dispute Carleas, Magsj, and whoever claims otherwise. I could Sue Carleas, at the very least get the site’s server temporarily seized by my rights. These are ancient rights, that evolved out of this law, regarding property.

Nowadays, you would have to pilfer through something like Casner’s Cases and Text on Property, still a requirement in many law schools. You can’t fit that in under 500 words or less.
amazon.com/Cases-Text-Proper … 0735539804

The Commonwealth is going to be all over the place on this, because no treaty can be expected to tie all the common law aspects of this built in under one set of treaty clauses, nor is any law firm on the planet aware of every tangent this impulse over the last 1000 years has taken, it’s imbedded all over the place… it’s hidden inside the law making capacity of Parliaments and Congress to pass laws on the use of land… which are Democratic Republican in it’s nature (not the King in Parliament, I’m talking about actual Parliament, including Cromwell’s). In America, Congress can declare usage of land (so can municipalities, declaring your property as agricultural land only) limited, or outright force you to relinquish it. If you don’t own all the rights to your land, such as mineral rights, oil companies can Sue to have rights to access. Even when you own your land fully, rights to access can also be sued for, as it denies others their necessary rights to cross over it… it happens from time to time.

People can try to force properties on national historical registries… your usually aren’t allowed to change the property style, even if you own it (may I suggest some arson good sir?), if some stupid fucking eagle decides to nest, your fucked if your a logger… even applies to the military, some stupid bird called by troops in Georgia “The Red Headed Cock Sucker” apparently only nests in shooting ranges… it’s near extinction for it’s unwise choice of nesting, and insists on swooping down on targets whenever they pop up downrange, daring the soldier to shoot. Sure the he’ll wasn’t the military that came up with the idea to stop shooting, someone sued.

The law is smothered everywhere, fragmented all over the place.

Good response, but the relationship to Torrens title could have been explored more thoroughly.

Can we talk of ‘proximate appeasement’ in relation to burgeoning freehold? What’s really fair in the eyes of reasonable men? Most importantly, when does Crown complicity give way to forfeiture when the evidence is nowhere to be found? :-k

That sounds like a question for Maia… or Carleas, who claims with little supporting evidence to be a lawyer.

I’m a philosopher and historian with a interest in minor interest in Commonwealth law, and you just tapped my wealth of knowledge on Commonwealth Property Law outside of Hong Kong.

I’ll Google the answers I suppose, but not sure it’s going to be overly accurate from this point on. Fair heads up.

And like… don’t cross examine me like I’m in a Master’s course getting a review… of course I can do better, that was a what I knew on the fly, I didn’t exactly set out to become a British Lawyer… not a fan of the mops they wear on their heads (though its being phased out now finally for Judges), and dont want to feel like I’m going to fail some course I never was in to begin with.

Next to nothing found initially, but found a British heavy blog discussing a Peruvian case regarding climate change, one of the comments look good, made two weeks ago:

And it’s true, you can Sue anyone, but the cases get publicity once taken to trial, and just looks bad usually (philosophers being sued would just get the case thrown out, reap the notoriety and write a counter essay, doesn’t work so well if your a brick factory).

Carbon Emissions are being treated as both an effect as well as property to be traded and speculated on… which gets complicated considering all the banking apparatuses built up over the last few major stock market crashes… I’m going to look more in depth using this as a springboard.

wattsupwiththat.com/2015/12/14/s … -eldorado/

Inter Alia & Inter Alios
legaldictionary.net/inter-alia/

Preponderance of Evidence
legaldictionary.net/preponderanc … e/Evidence

Now begins the task of seeing how it works in England, how the terms morphed, and how the Brits ducked up the concepts.

Once that is done, we can leap over to parallels in Commonwealth Law… I usually see on wikipedia listings on how laws evolved between various Anglo legal systems, including the US… Aussies are usually the first to go renegade into questionable territory.

en.m.wikipedia.org/wiki/Freehold_(law

Indeterminate fixation… okay, so the 1925 law amended English law further away from modern French Law (children automatically inherit land upon death of biological parent, even if spouse still lives there, she can be booted out into the street to die, likewise, you can’t write in a French will who will inherit, children must. Its why if you ever hear a philosopher note the French don’t respect the wishes of the deceased, they speak of this… primogeniture likely has some logic, positively or negatively, on thus 1925 law, I’m willing to bet the English revert to this whenever the principles of the 1925 law can’t be established…

Alrighty, now I’m seeing familiar territory again… the crown seizure of free holdings in the West Country in the early medieval era…

See, the middle ages resulted in a slow increase of population… surplus population, resulted into pushes by disenfranchised sons to settle in former abandoned Welsh areas, big forests.

These holdings we’re developed, but didn’t contribute to the level of taxation and levies the king desired, and he had his own population pressures of people asking him to open up new communities, so he would evict them, forcing them further west, and new, more loyal families sent to occupy.

This continued until the collapse of the British Empire… they never stopped sending colonies, we’ve always had laws against squatters and vagrants, and it never was quite unified, because a vagrant could be urban and not squatting… or a squatter like Robinhood could be not a vagrant. The people would be pressganged, jailed, killed, encouraged to immigrate, sent to penal colonies.

I’m going to keep a eye out for this reasoning in the case studies, once I find them, it’s of interest, the logic gets frozen in common law systems and comes out occasional to fuck the poor and dispossessed hard at times. They neither pay for the courts, no historically provided judges… so the judiciary never had cause to look after them, even though they we’re often bona fide as legitimately British as any, just descended from a dispossessed second or third son, instead the first, given a trade and told to go fuck off. I’m guessing the 1925 law adjusted this to a degree.

Irish Free State started it’s slow succession prior to this law, do it’s a variable to look at, not now part of the Commonwealth, it likely has some concepts fossilized, being a relatively small country.

en.m.wikipedia.org/wiki/Irish_Free_State

en.m.wikipedia.org/wiki/Law_of_ … y_Act_1925

In the UK, this has received adjustments, so I’m guessing it isn’t the same across the Commonwealth (especially in revolutionary Africa)

Parts 7-10:
Part VII - Perpetuities and Accumulations
Part VIII - Married Women and Lunatics
Part IX - Voidable Dispositions
Part X - Wills & Probate

I’m already imagining Ex-Patriot forums for each Commonwealth country already discusses this stuff in great detail… someone marries, moves… spouse dies, suddenly family members hate the surviving Anglo and want them dispossessed… I guarantee you some horror stories abound on those forums, I see them occasionally online.

This covers American considerations for Proximate Cause, haven’t found UK references yet.

en.m.wikipedia.org/wiki/Proximate_cause

They mostly resolve around tests to prove various forms of causation, and culpability, but the tests vary state to state… so the goal is to see what tests are used in British Commonwealth states. Fairness is going to be hard to discern in Non-Jury trials, so in regards to India, I don’t know how you can figure this out. In Jury trials, the survival of a test over time, gaining favorability, or likewise insurrections and Communist movements aimed at toppling injustices reaped from such laws can be seen as factors of how people view fairness… you want the tests that are most agreed upon, that results in the least civil agitation and violence.

From the American terminology, it looks basically like thus in regards to land use…

You have a spring on your property, on top of a hill, and I own land lower. I depend on the water, you decide to change the water’s path of irrigation, so my property dries up. It hurts me financially. I go to court… Sue either for damages or get the judge to slap you silly and return the water.

Interstate laws managing water from the Colorado River and Lake Meade run under this, and Mexico, a sovereign country, has it’s agreed upon allotments too.

Yet, in South America, Guyana is Communist… how do they differ?

en.m.wikipedia.org/wiki/Causati … nglish_law

Look at those tests, in the quote above, and find which tests are used in land cases in the UK, and at least two other Commonwealth states.

Its 500 words or less, so you merely gotta show you can

  1. Identify how to research the problem (I practically handed the answer to you, 90% of the effort)
  2. Show differation of concepts between states.

If they can see you understand each Commonwealth country is independent, with their own Parliaments, and laws will drift, they won’t write you off as a hard. Mention it’s all descended from Clameur de Haro, and UK Law seeks to do justice to each claimant, a continuation of that ancient policy. If the tests don’t fit, you have no claim to injury, right, or hardship, your fucked. I don’t have much grounds to declare myself the King of Scotland, so will have a difficult time suing for my supposed land rights.

In the case of "The Principality of Sealand, courts refused to deal with it because they decided it was out of their territorial waters… how likely would this be the case is a North Sea oil tanker rammed into that pier? Would the UK recognize itself as liable, even though it claims it has no control over it, just because it built it, or would the idiot who claimed himself king be liable?

I suspect the UK would lose it’s own claim because it was negligent in tearing the shit down, or putting a light house or radio warnings on it… generally in peace treatises, the various sides agree to limit damages to fixed sums, claimants can lay claim to parts of it… but I don’t know the law on floating sea mines stuck in ice breaking lose, or being dredged up… if they go bang, even harder to prove who made them. I’m guessing most cases just say you should of had insurance, be more careful.

Sweden does a lot if work dredging up old mines and bombs from the Baltic. Its a proactive approach. I think it would have a lot of moral authority to demand NATO help, given they have the capacity to tackle the unexplored ordinance, and they we’re all involved in WW2. But that Principality of Sealand? Just the British, and it’s been continuously lived in by British subjects, a and his sovereign independence us questionable under international law… think England would revert to ownership upon the first sea accident of the site, but would then be refused any extension of oil and fudhing rights in it’s surroundings by a international tribunal… you owe costs for negligence, but can’t reap the rewards.

The UK recognizes Iceland’s expanded Fisheries, after Iceland defeated the British Empire in the Cod Wars back in the 70s:

Id like to point out, a lot of stuff I dragged up regarding the language for proximate appeasement regarding the English was WW2… related to Neville Chamberlain… it appears they we’re using the concept as foreign policy for Hitler’s land grabs.

You could try to loop Noam Chomsky and Nietzsche in through this, as it challenges his theory that states behave differently to it’s people and foreign countries, but this appears to be a case where the British didn’t abide by either observation… we treated the Nazi Empire on the same basis as a individual… the persona of Hitler as the state… likewise with Uncle George Stalin during WW2. It appears the WW2 generation didn’t read Nietzsche, and obviously not Noam Chomsky, and played on a more universal set of axioms, differentiating little between internal and external political principles.

I think I’ll stop here.