Legal Issues In Corporate Financing and Associated Processes Assignment Sample

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Introduction of Legal Issues In Corporate Financing and Associated Processes Assignment

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Property rights that are well defined could lead to a fundamental improvement in the allocation of resources and an increase the investment opportunities in society. It could be achieved by limiting the factors such as confiscation and encouraging market transactions. Productive activities in society could lead to expediting the Economic growth of a nation. The land and the property rights are discussed in the assignment with a view to supporting the statement and the main idea “Land is the resource and property is power” by corroborating the land Laws, thesis, details, and the data for illustrating and evidencing the assertions made in the project.

UK law regarding Land

The use and supply of the land area are highlighted in the UK Land law. It influences the aspects that are involved in the everyday living of the people of the nation. Land law deals with the questions of the ownership of the land, usage of the land, and transfer of land. Different interests like the third-party interests, minor interests, easements, and covenants could interact and exists. The fundamental law of the land is the principles that guide the governance of the state[1]. The statutory provisions underlying the principles of the English Law in relation to

Tracing the ownership of a land

Resolving issues related to the boundaries

Enforcement and discharge of contracts related to freehold land 

Approaches for enforcement and emancipation of individual rights 

UK Law regarding Property

The English law of property defines the provisions in relation to the law of acquisitions and protection of the assets. The Law of Property Act, 1925 deals with and facilitates the transactions in relation to the buying and selling of the commercial or residential properties that cover the areas of financing of the property, lending of mortgages, and social housing[2]. The two divisions are the 

  • Personal Property Law: Personal property law includes the regions of buying and selling of personal property or residential property.
  • Commercial Property Law: Commercial property law deals with the properties of the business. It refers to the land from which the owner could derive profits. It could be from a variety of sectors ranging from farming, hotel owners, or even charitable institutions. 

The main subjects of the law relating to the commercial aspects are 

  • Transfer of property
  • Ownership and provisions related to disputes over such land 
  • Licenses and the tenancy rights 
  • Mortgages and the possessions of adverse nature 

Context of the Discussed Statement “Land is the resource and property is power”

Land could be regarded as the very natural basis of all the human life on which the development of society is dependent[3]. The natural composition of soil could be characterized on the basis of the features of its composition chemically and the degree of fertility which is very basic to the civilization. The behavior of the soil depends on various fractions such as 

  • Mineral 
  • Organic
  • Water-soluble and Acid soluble minerals 
  • Insoluble fractions 

The organic fractions are derived from dead plants and animals that are decomposed. The minerals, water-soluble contents, and carbonates are included by the separation and mixing of the sand, acids, and salts. Land degradation has been caused recently due to the habitual patterns of the humans, construction and agricultural problems which are the 

Deformation of the terrains

Decline infertility 

Contamination of soil decreases the nutrients value 

Eutrophication due to an imbalance in addition of fertilizers

The increasing population has shown negative effects on the overall composition of the natural resource due to migration and consequent urbanization. The growing disparity in the demand and the availability of the natural resource that is soil. The right to land and the other natural resources as such are collectively defined for securing such rights in an effective manner as such resources[4]. The rights are a mixture of various entitlements as well as freedoms and duties. The state of UK has the obligation of respecting the right, protecting and fulfilling the duties of land and the other natural resources. The right to land is indispensable for the insurance of restoration of the rights of the farmers.

Obligations are also created on the government for deploying reasonable steps in the process of protecting the property against natural disasters and calamities. Interference and noncompliance with such rights attract a fair balance of interests of the general public and protection of the rights of an individual property. Section 62 of the Property Act provides the understanding that every 'conveyance' of the owned land is deemed and subject to be inclusive and could install and operate the ways, courses of the water, the privileges, easements, rights, and their advantages associated with the land. The Law of Property Act,1925 deals fundamentally and principally with the transfer of freehold or leasehold land by contract. The freehold property is a property free from any hold other than the owner[5].

 The rationale of Agreement /Disagreement on the discussed Statement.

The protection of property entitles every person the right to enjoy their possessions of land peacefully. Hence the state of the United Kingdom is not supposed to 

  • Interfere with the property 
  • Bereave or dispossess the person from the possession of their property 

The property law is subject to the possession of a person and its control[6]. Violations are considered if interference is carried on by the state in a peaceful manner and in the interests of the public. The property and possession include land and is considered tangible thing. Positive and effective measures are to be taken by the person for the protection of such tangible assets and the effectiveness does not entirely depend on the duties of the state in relation to interference. However, the negligence on part of any Public authority leading to the destruction could breach the right[7]. Absolute ownership is enjoyed by the owner of freehold property for perpetuity and requires fewer regulations. Such a property is inheritable with zero restrictions and no encumbrances to the property that could only be transferred by a registered sale contract[8].

Conclusion

The assignment could be concluded by affirming that the land is a resource and the property deals with the power. Land could be regarded and concluded as a resource that needs to be protected for the further welfare of the society and the growth depends on it. The rights to the property show the powers that are associated with the ownership of the property.

Reflection on the topic

Description

The assignment describes the various land laws and property rights. Light has been shown on the statement and the various related laws have been discussed from the various measures that are taken by us. The land has been seen and described as a natural resource that could be dealt with accordingly whereas the property and its ownership are viewed more from the perspective of the ownership rights and technical terms involved.

Feelings

I feel that this Project has brought forward the rights related to the laws of the land and property. Land could be protected as it is a nonrenewable resource that is facing depletion at a growing rate due to human civilization and urbanization. Consequently, the property and its rights are viewed with the powers that come along with it which are more defined in the states.

Evaluation

We have evaluated the various aspects of the laws relating to the land and property people from the rural region share the individual and collective rights to the lands for building a place of security and peace. The lands could be Legal recognized for the tenure. Tenancy rights could be protected by collective use of management. The people are to be protected from arbitrary displacement from their lands. 

Analysis

 It has been analyzed by our efforts that forced eviction could be stopped and preferential access could be granted. The States of the United Kingdom could carry out and encourage the various reforms of the redistribution for the social, economic, and environmental causes and reasons for the purpose of facilitating and enhancing the wide and equal access to land and other natural resources. 

Conclusion

We can thus concludeProperty and power go hand in hand as they provide and perform a vital role in supporting the social and political hypothesis of inequality of class and discrimination and building a tabular structure of social stratification and defining the multiple laws of the Individual ownership property and the other Joint ownership or collective ownership methods. The Powers of Attorney Act 1971 describes general power of attorney that could be applied by a sole and individual beneficial owner of the land. The powers are operated for giving the attorney the authority to do anything with the owned property that could be done by the donor lawfully.

Action Plan

Action Plan

Milestone

Duration

Rural Development

A greater focus could be given particularly to the youth, as they are mostly benefitted and are influenced by the inclusion of rural development.

5 years

Reforms and Redistribution

Reforms related to the Redistribution could work for guaranteeing equal and justifiable access to the working men and women of the land and to the occupational sectors such as the fisheries, cattle rearing, and timbering from the forests.

5 years

Allocation of lands

Peasants who are devoid of lands and other workers of the rural regions could be given priority and precedence in the allocation of lands to the public. States could adopt a number of sustainable measures for the conservation of the long-term use of land and other resources of nature by following the various methods including the Agricultural ecology and taking the steps for ensuring the conditions for regenerating of biological capacities and natural cycles. 

5 years

References

Chen, Chaoran, Diego Restuccia, and Raül Santaeulàlia-Llopis. "The effects of land markets on resource allocation and agricultural productivity." Review of Economic Dynamics (2021).

Chen, Wei, et al. "Characteristics of built-up land change in resource-based cities and their impact on land surface temperature—Taking Wu'an as an example." Ecological Informatics (2022): 101582.

McFarlane, Ben, Nicholas Hopkins, and Sarah Nield. Land Law: Text, Cases and Materials. Oxford University Press, 2021.

McMenemy, David. "Tensions Between Intellectual Property Law and Freedom of Expression: A UK Perspective." International Conference on Information. Springer, Cham, 2022.

OTUBU, Akintunde. "LAND REGISTRATION LAW AND PRACTICE IN NIGERIA: LESSONS FROM UNITED KINGDOM." INTERNATIONAL JOURNAL OF COMPARATIVE LAW AND LEGAL PHILOSOPHY (IJOCLLEP) 2.2 (2020).

Pimentel, Ana Paula. "The Essential Guide to Planning Law: Decision-Making and Practice in the UK by Adam Sheppard, Deborah Peel, Heather Ritchie, and Sophie Berry." (2021): 357-359.

Wechs Hatanaka, Asako. "Optimising Mediation for Intellectual Property Law–Perspectives from EU, French and UK Law." IIC-International Review of Intellectual Property and Competition Law 49.4 (2018): 384-412.

Zhou, Jianyu, et al. "Functional Kevlar-based triboelectric nanogenerator with impact energy-harvesting property for power source and personal safeguard." ACS Applied Materials & Interfaces 13.5 (2021): 6575-6584.

[1] Ben McFarlane, , Nicholas Hopkins, and Sarah Nield. Land Law: Text, Cases and Materials. Oxford University Press, 2021.

[2] Akintunde OTUBU,. "LAND REGISTRATION LAW AND PRACTICE IN NIGERIA: LESSONS FROM UNITED KINGDOM." INTERNATIONAL JOURNAL OF COMPARATIVE LAW AND LEGAL PHILOSOPHY (IJOCLLEP) 2.2 (2020).

[3] Pimentel, Ana Paula. "The Essential Guide to Planning Law: Decision-Making and Practice in the UK by Adam Sheppard, Deborah Peel, Heather Ritchie, and Sophie Berry." (2021): 357-359.

[4] David McMenemy,. "Tensions Between Intellectual Property Law and Freedom of Expression: A UK Perspective." International Conference on Information. Springer, Cham, 2022.

[5] Chen, Chaoran, Diego Restuccia, and Raül Santaeulàlia-Llopis. "The effects of land markets on resource allocation and agricultural productivity." Review of Economic Dynamics (2021).

[6] Chen, Wei, et al. "Characteristics of built-up land change in resource-based cities and their impact on land surface temperature—Taking Wu'an as an example." Ecological Informatics (2022): 101582.

[7] Asako Wechs Hatanaka,. "Optimising Mediation for Intellectual Property Law–Perspectives from EU, French and UK Law." IIC-International Review of Intellectual Property and Competition Law 49.4 (2018): 384-412.

[8] Zhou, Jianyu, et al. "Functional Kevlar-based triboelectric nanogenerator with impact energy-harvesting property for power source and personal safeguard." ACS Applied Materials & Interfaces 13.5 (2021): 6575-6584.

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