英国论文代写价格-绝对所有权的案例评估

绝对所有权是一种向所有人提供所有权的财产。它是一种永久所有权，需要满足两个重要条件。简单所有权的两个条件或两个基本要素是不动性和不确定期限，即自由简单所有权或永久所有权必须是土地，且没有固定的所有权期限。澳大利亚是一个普通法国家。普通法赋予公民一些权利，允许他们享有自己的土地和拥有土地的权利。不动产主要分为不动产(即绝对所有权或终身所有权)和租赁权。有关英国论文代写价格-绝对所有权的案例评估为留学生们分享如下。

The deed done by Homer to fee simple estate to his son for life will be considered as the fee simple defeasible. The fee simple is considered as the greatest interest in land according to the Common Law in Australia. Fee simple is also considered as close to absolute ownership. As determined under the case of (Gumana v NT [2006] FCA) “An estate in fee simple is for almost all practical purposes the equivalent of full ownership of land….save to extent that any such rights (of ownership) has been abrogated, qualified or varied by statute, by the owner of the fee simple or by a predecessor in title” (Gumana v Northern Territory of Australia, 2007). It is also considered as the conveyance of the property, which has a condition on it. The person who holds the fee simple defeasible estate, possess the property, under implied conditions. If the conditions provided under the fees simple estate deed are violated by the holder, then the property either goes back to the owner or to the third person specified in the deed.
According to section18 of the Law of Property Act, Homer created the fee simple for life, which means that the fee simple estate is without any incident of tenure (Law of Property Act, 2017). Brat is the person taking the land under conveyance, which means that he has to hold the land in the same manner, as the land was before the conveyance took effect (Law of Property Act, 2017, Section 21).
The fee simple done by Brat is subject to executor limitations. The executory limitation can be considered the same as the fee simple except that the rights of the property in case of violation of conditions are transferred to the third party and not to the original owner (Esmaeili and Grigg, 2016). The Homer placed the condition that giant ghost gums must not be removed from the property. However, after the year of transfer of the deed, Bart decided to build a water park in the ground which required removing the five of giant ghost gums. This can lead to the breach of the fee simple estate and the property will be transferred to Pippa.
According to the Property Law Act 1969, section 28 provides the restriction on executor limitations. It states that if the executor limitations are given in the instrument or deed, then person holding the life estate has to restrict according to executor limitations. Law of property Act, under section 25 explains that person having the fee simple estate for life, do not have any rights to damage or make changes to the property. This waste is also called as the equitable waste. The person owing the land under the fee simple estate should not create the equitable waste. This condition implies till the time intention to make changes in the property, are not specifically written in the deed. The law also restrict Brat from making any changes or damages to the property without the express consent of Pippa, as she has the reversion interest in land after Homer.

According to all such discussions, it can be said that Brat does not have any legal rights of making any changes in the property. Homer has presented the defeasible estate, which means the deed has included some specific conditions that must be followed by Brat. Brat made many changes in the property, such as the fixed ornate chandelier and the stained glass windows with intricate religious design which was the important part of the intrinsic design of the house. The changes made in the property also include the removal of the giant ghost gums, as Brat has to widen the water slides. The deed had presented the very specific condition about the ghost gums that they should never be removed and should remain on the property.

According to the law, Brat has limitation of interest in the property and he is restricted to make any changes in the property. According to the information in the case scenario, the changes made by Brat on the land resulted in creating financial loss to the restaurant and also reduced the revenue. Brat violated the “conditions” in the deed (Esmaeili and Grigg, 2016). The violation of the conditions automatically transfers the estate to Pippa. The property rights that Homer has on the property were expressed in the deed. 

Pippa has the rights in action against Brat, as she is the automatic owner of the estate in the case Brat breaches the conditions. Pippa has the right in the case Homer is alive because the fee simple defeasible, where the land rights are transferred to third party in case of breach, instead of being transferred to the first owner. Pippa is the only owner of the property in case of breach. Brat has breached the terms presented in the deed contract. He had made changes on the property and removed the giant ghost gums without permission of Homer or Pippa. The breach has also resulted in creating loss for the restaurant and affected the revenue. In case Homer is dead, the rights of the property will be transferred to Pippa, according to the provision given in the deed. The provision states that estate will pass to Pippa when Homer will die. Therefore, it can be said that in both the cases, property will be passed to Pippa. 

The deed done by Homer to fee simple estate to his son for life will be considered as the fee simple defeasible. The fee simple is considered as the greatest interest in land according to the Common Law in Australia. Fee simple is also considered as close to absolute ownership. As determined under the case of (Gumana v NT [2006] FCA) “An estate in fee simple is for almost all practical purposes the equivalent of full ownership of land….save to extent that any such rights (of ownership) has been abrogated, qualified or varied by statute, by the owner of the fee simple or by a predecessor in title” (Gumana v Northern Territory of Australia, 2007). It is also considered as the conveyance of the property, which has a condition on it. The person who holds the fee simple defeasible estate, possess the property, under implied conditions. If the conditions provided under the fees simple estate deed are violated by the holder, then the property either goes back to the owner or to the third person specified in the deed.
According to section18 of the Law of Property Act, Homer created the fee simple for life, which means that the fee simple estate is without any incident of tenure (Law of Property Act, 2017). Brat is the person taking the land under conveyance, which means that he has to hold the land in the same manner, as the land was before the conveyance took effect (Law of Property Act, 2017, Section 21).
The fee simple done by Brat is subject to executor limitations. The executory limitation can be considered the same as the fee simple except that the rights of the property in case of violation of conditions are transferred to the third party and not to the original owner (Esmaeili and Grigg, 2016). The Homer placed the condition that giant ghost gums must not be removed from the property. However, after the year of transfer of the deed, Bart decided to build a water park in the ground which required removing the five of giant ghost gums. This can lead to the breach of the fee simple estate and the property will be transferred to Pippa.

英国高阶论文代写Advanced Thesis平台机构为留学生们提供英国代写、essay代写、paper代写等论文代写服务，帮助留学生们解决论文的写作困扰，圆自己一个留学提升学位的梦想！