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Property, James E. Krier, Gilbert Law Summaries...

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dave-karoly
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I want to learn more about the law of property. Talking with a law school graduate at work he suggested these books law schools call outlines. It is a text which briefly discusses the fundamentals of a legal topic.

So I looked around on Amazon and this book has good reviews so I put it on my wish list and wife got it for my birthday.

I'm finding the book very readable and helpful. Encyclopedias like CJS can be very dry and hard to follow without examples but in this book he goes through the subject step by step and with a lot of examples. He also covers the history all the way back to William the Conqueror so you know the background of why things are how they are.

The interesting thing is originally under English common law the Law Courts would only recognize a transfer of title where the tract was physically transferred via the ceremony of livery of seisen which had to be done on the property itself. This became inconvenient if the wealthy land owner was based in London and wanted to transfer title in a law office. A written Deed would not be recognized by the law courts. So clever lawyers got around this by transferring uses and putting consideration into the Deed so that the Court of Equity would accept the case. If the Grantor had received valuable consideration the Court of Equity would enforce the agreement under the theory of conscience and fairness. So most of our modern title system evolved in Equity, not Law. The other thing is they were trying to avoid inheritance taxes, some things never change.


 
Posted : August 6, 2017 11:57 am
dave-karoly
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Another big motivation was marriage which was highly commercialized. The bride was supposed to come with property. The Father didn't want to transfer property to the groom before marriage and the groom didn't want to marry without an assurance that he would get the property. So they came up with the equitable arrangement where the Father would conditionally transfer the property to the groom but the law courts would not recognize such future interests so they had to do it in Equity.


 
Posted : August 6, 2017 12:12 pm
james-fleming
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Dave Karoly, post: 440345, member: 94 wrote: He also covers the history all the way back to William the Conqueror so you know the background of why things are how they are.

There was a perfectly good system of land tenure intact before some Norman bastard interloper stuck his nose across the channel where it ill belonged.

https://en.m.wikipedia.org/wiki/Bookland_(law)


 
Posted : August 6, 2017 12:24 pm
paden-cash
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James Fleming, post: 440347, member: 136 wrote: There was a perfectly good system of land tenure intact before some Norman bastard interloper stuck his nose across the channel where it ill belonged.

https://en.m.wikipedia.org/wiki/Bookland_(law)

James that is a very interesting read. Thanx.

I backed into the subject of land tenure while researching an informative (while attempting humorous entertainment) ditty on our old friend Gunter and his 4 rod stretch of rope. There is a lot of it we have maintained on this side of the pond, and as you've pointed out, a lot we've let fall by the way.


 
Posted : August 6, 2017 1:10 pm
dave-karoly
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James Fleming, post: 440347, member: 136 wrote: There was a perfectly good system of land tenure intact before some Norman bastard interloper stuck his nose across the channel where it ill belonged.

https://en.m.wikipedia.org/wiki/Bookland_(law)

I wonder what William tweeted after the Battle of Hastings?


 
Posted : August 6, 2017 1:24 pm

paden-cash
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Dave Karoly, post: 440351, member: 94 wrote: I wonder what William tweeted after the Battle of Hastings?

Probably something along the lines of "on to London!"...ending with MAGA!...meaning, of course, Make Anglo-Saxons Grovel Again.


 
Posted : August 6, 2017 1:29 pm
james-fleming
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Dave Karoly, post: 440351, member: 94 wrote: I wonder what William tweeted after the Battle of Hastings?

Cooked Godwinson. Worst defeat ever. No hacking by Pope Alexander II.
#fakeminstrals


 
Posted : August 6, 2017 1:34 pm
holy-cow
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BOYS! BOYS! BEHAVE YOURSELVES!.....................quoting my high school shop teacher, John "Burt" Williamson.

It would be deemed unacceptable today to explain why he was given the nickname "Burt".


 
Posted : August 6, 2017 1:42 pm
dave-karoly
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The Anglo-Saxon land tenure system was a bad deal, SAD! William is renegotiating, going to be beautiful land tenure system!


 
Posted : August 6, 2017 1:43 pm
holy-cow
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You will get your hand smacked as soon as the moderators stop doing the hanky panky and tune in to see what's happening here.


 
Posted : August 6, 2017 1:45 pm

paden-cash
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Holy Cow, post: 440356, member: 50 wrote: You will get your hand smacked as soon as the moderators stop doing the hanky panky and tune in to see what's happening here.

hijack: how much rain did you get yesterday up there HC?


 
Posted : August 6, 2017 1:54 pm
holy-cow
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My rain gauge said 4.5 inches on Saturday and another 0.7 inches overnight. Some areas nearby had an extra inch or two added to that. In an area where the annual average total is just under 40 inches that is a significant fraction of what we should expect in a year's time.


 
Posted : August 6, 2017 1:57 pm
james-fleming
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Speaking of Anglo-Saxon land...I just started reading this today

https://profilebooks.com/a-natural-history-of-the-hedgerow.html

Hoping for a detailed description of how hedgerow width is measured for boundary determination in Austinshire.


 
Posted : August 6, 2017 2:03 pm
holy-cow
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Tis measured in standard hedgeballs. Each standard hedgeball having a diameter of 6.28 inches. This is a convenient approximation of 2 times pi, thus allowing rapid calculations.


 
Posted : August 6, 2017 2:10 pm
james-fleming
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Dave Karoly, post: 440355, member: 94 wrote: The Anglo-Saxon land tenure system was a bad deal, SAD! William is renegotiating, going to be beautiful land tenure system!

Hadrian's wall is a disgrace. Will rebuild a beautiful new wall. Scots will pay for the whole thing.


 
Posted : August 6, 2017 2:17 pm

dave-karoly
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James Fleming, post: 440359, member: 136 wrote: Speaking of Anglo-Saxon land...I just started reading this today

https://profilebooks.com/a-natural-history-of-the-hedgerow.html

Hoping for a detailed description of how hedgerow width is measured for boundary determination in Austinshire.

It's really not complicated, simply measure the width of the hedgerow and divide by 2 unless it's a junior hedgerow, in that case ignore it.


 
Posted : August 6, 2017 2:22 pm
Gene Kooper
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You gents seem to be having way too much fun for a Sunday. Please continue.


 
Posted : August 6, 2017 3:51 pm
james-fleming
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Gene Kooper, post: 440369, member: 9850 wrote: You gents seem to be having way too much fun for a Sunday. Please continue.

Sunday fun recipe:
Two parts homemade lemonade
One part homemade black raspberry liquor
Repeat as necessary


 
Posted : August 6, 2017 3:59 pm
Gene Kooper
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James Fleming, post: 440372, member: 136 wrote: Sunday fun recipe:
Two parts homemade lemonade
One part homemade black raspberry liquor
Repeat as necessary

James,

Whenever I have a drink these days the only thing I know for sure will happen is that I will be napping within 20-30 minutes.


 
Posted : August 6, 2017 5:07 pm
paden-cash
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Gene Kooper, post: 440382, member: 9850 wrote: James,

Whenever I have a drink these days the only thing I know for sure will happen is that I will be napping within 20-30 minutes.

No kidding.

I read once that alcohol was initially a stimulant (once ingested) and then a depressant as it metabolized. I feel cheated. I never get the stimulant effect, just the nods. Must be my age.

ps - I do enjoy a chianti with a good meal. However I mainly use it as an excuse to crawl off for one of my marathon naps. 😉


 
Posted : August 6, 2017 5:11 pm

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