RESTRICTIVE COVENANTS Essay Example | Topics and Well Written Essays - 1500 words

RESTRICTIVE COVENANTS - Essay Example Restrictive covenants in land law prohibit use of land in a particular manner. They are agreements between landowners in which one party agrees to refrain from use of land as prescribed by the agreement. This paper seeks to discuss concepts of restrictive covenants with the aim of advising parties to a land case. The paper will explore the nature and extent of liability as imposed by restrictive covenants. Facts of the case The case involves a landowner, Connor, who sells part of his land in order to meet his financial obligations. In January, Connor sold off a portion of his property to Jane. Part of the terms of the covenant was that the sold piece was supposed to be strictly meant for residential purposes and by only one family. A month later, Connor sold another part of his land to Bullhorn Company subject to a number of terms. Under the agreement, the immediate and any subsequent purchaser of the property was supposed to develop and maintain a fence around the subject property. The terms also provided that the property would only be used for at most twelve residential units and that the developed houses could only be used for residential purposes. Upon development of twelve independent houses by Bullhorn, the property was sold to separate buyers on terms that the new owners would use the property solely for residential purposes and that fees shall be paid by the owners for maintenance of roadway. Alex, one of the buyers from Bullhorn, has however been using his house as a bail hostel. The other new owners have been aggrieved and as a result refused to repair the boundaries and to pay the maintenance fees. Jane has also sold her property to Oscar who has used it for commercial purpose. Legal issues Covenants A covenant creates legal obligations on the parties to which it imputes liability. Defined as a legal promise, it exposes the promisor to liability as described by the covenant’s terms. Though covenants are considerably similar to contractual agr eements, they do not have to be necessarily supported by consideration. As a result, covenants are regulated by common law and doctrines of equity from different perspectives. In cases where consideration supports the promisors’ intentions, covenants are enforceable under both common law and equity.1 However, law lacks authority over covenants made without consideration. The general principle of covenants is to restrict the use of a piece of land in a given way and once a covenant is made, a landowner looses rights over the land as prescribed by the covenant. Similarly, covenants that have been made over a piece of land bind subsequent owners of the land even though they were not part of the covenant. This general rule can however be exempted by express provisions of individual covenants.2 In determining liability of parties to covenants, the courts applies either or both common law and the doctrines of equity as discussed bellow Covenants under equity Benefits Running covena nts under equity is based on the principles of benefits and burden on rights over pieces of land. Benefits with respect to restrictive covenants can be derived from either, annexation, assignment of the benefits or through building scheme approach. Under the doctrine of annexation, that either can be expressed by the original parties to a covenant or can be implied by statutes, the terms of the restrictive covenants are deemed to bind successive owners of land. This means that a landowner at a particular time is liable for breach of terms of a covenant over the land irrespective of the fact that the timely owner was not part of the covenant. Express annexation was observed in the case of Newton Abbot Co-operative Society v Williamson & Treadgold [1952] Ch 2863

The Evolution of Whales Essay -- Anthropology Essays Paleontology Pape

The Evolution of Whales The origin of modern day whales, a mystery that has puzzled paleontologists for years, may have just been solved with the discovery of an ankle bone. This discovery might sound simple and unimportant, but the bones of these ancient animals hold many unanswered questions and provide solid proof of origin and behavior. The relationship between whales and other animals has proven to be difficult because whales are warm-blooded, like humans, yet they live in the sea. The fact that they are warm-blooded suggests that they are related to some type of land animal. However, the questions of exactly which animal, and how whales evolved from land to water, have remained unanswered until now. In 2000, Dr. Philip D. Gingerich, a paleontologist from the University of Michigan, and his associates discovered two primitive whale fossils in the Balochistan Province of Pakistan. By dating the limestone located in the Habib Rahi Formation of the Balochistan Province, Gingerich estimated these fossils to be about 47 million years old. According to author David Braun of National Geographic News, â€Å"The researchers have classified one, Rodhocetus balochistanensis, as a new species of an existing genus, and the other, Artiocetus clavis, as a new species and new genus† (Braun, 5). The discovery of these two fossils suggests that the closest living relative of these primitive whales could possibly be the modern day hippopotamus. This suggested relationship is based on similarities in the bone structure between the two animals. Hippopotami belong to a group of animals called artiodactyls. This group of animals, which includes deer, camels, sheep, pigs, and cows, are â€Å"named for the even number of fingers and toes... ...ould estimate where they spent most of their time. By the length of the other skeletal bones, the size and shape of the animals could be determined, which also shared insight to its behavior. The largest primitive whales could indeed walk on land, but only did so for short periods because their legs could not take so much weight for long amounts of time. These behaviors allow scientists and paleontologists to understand even more as to how these fascinating and mysterious animals went from ruling on land to taking over the sea. References Braun, David. Ancient Walking Whales Shed Light on Ancestry of Ocean Giants. National Geographic News, September 19, 2001. Retrieved online March 15, 2004. Gingerich, P.D. et al., 2001. Origin of Whales from Early Artiodactyls: Hands and Feet of Eocent Protocetidae from Pakistan. Science, v. 293, p2239-2242.

Sci 241 Week 1 3 Day Diet Anaylsis

3-Day Diet Analysis Week 1 assignment 10/21/2012 SCI/241 Cassandra Cook I know that my eating habits are not that great. I work at a fast food restaurant full time so mainly my lunches are fast food. Lately, I have not been eating as much of what I usually due since becoming pregnant and I want to provide best for my unborn child. I like a lot of canned foods though such as chicken noodle soup and raviolis. I know there is not much nutrients in canned foods though. When I make dinners for my family I like to provide at least a meat and a vegetable. My favorite vegetables are corn, potatoes, and carrots.I am going to try to start eating more vegetables and healthier foods than the fast food sandwiches and the canned foods I have been consuming. For the Grains food group my target is 7 ounces. These past three days I have consumed 5 ? ounces. I am under the target for this group. For the whole grains I ate ? an ounce when I should be eating about 3 ? ounces. For the refined grains I at e 5 ounces. I ate over the limit for refined grains. For the Vegetable food group my target is 3 cups. I have consumed 1 cup of vegetables which is below the target. This food group is broken down into different groups.The first group is dark greens. My target for dark greens a week is 2 cups. This week I have eaten 0 cups. I have eaten under the target. The second group is red & orange. My target is 6 cups a week. This week I have eaten 1 cup. I am under the target. The third is Beans & peas. My target is 2 cups a week. I have eaten 0 cups of beans & peas. The fourth group is starchy. My target is 6 cups a week. I have eaten 0 cups. The final group is other. I should be eating 5 cups a week of other vegetables. I have eaten ? cup of other vegetables. For the fruits group my target is 2 cups.I have eaten five cups of fruit. I have eaten over the target. The fruit group is broken down into two separate groups. They are whole fruit and fruit juice. For these two separate groups there is no specific target. I ate 5 cups of whole fruit and 0 cups of fruit juice. For the dairy group my target is 3 cups. I ate 0 cups of dairy. It is under my target. The dairy group is broken into two groups. The first is milk & yogurt and the second is cheese. There is no specific target for these groups separately. For the Protein foods group my target is 6 ounces. I have eaten 6 ? ounces.This is right on target. The protein foods group is broken into three separate groups. The first is seafood. My target for seafood is 9 ounces a week. I ate 0 ounces which is under. The other two groups are the meats and the nuts. There is no specific target for these two groups. I ate 6 ? ounces of meats. For the oils group my target is 6 teaspoons. I ate 1 teaspoon of oils. This is under my target. I am going to try to add more nutrients in my diet. I need to add more vegetables to my diet. I need to have more of a variety. According to my chart I need to add different vegetables to my diet.I ea t mainly corn when I make foods. I think I will try to add green beans and peas to my diet. I also like the vegetables I just do not eat them often. I will try to add more of these. I also need to add more protein to my diet. I will eat more than just chicken or beef. I will add some seafood to my diet. My new diet and nutrient intake will affect my current health because it will keep me well and happy. It will help me in the future because it will help keep me from ending up with a serious disease. It could keep me from having a stroke and keep my heart healthy.There are six classes of essential nutrients. They are carbohydrates, protein, fat, vitamins, minerals, and water. These nutrients are essential because your body cannot synthesize them. You must obtain these nutrients from your diet. The best way to make sure you get the nutrients your body needs is to eat a variety of different foods each day (Boyers,  2012). References 1. Boyers, L. (2012). Six types of Nutrients that w e eat. Retrieved from http://www. livestrong. com/article/511091-six-types-of-nutrients-that-we-eat/ 2. https://www. supertracker. usda. gov/FoodGroupCalorieReport. aspx

Autobiographical Statement Essay - 1339 Words

A few years ago I found myself on a train heading from Amsterdam to Hamburg. I had just spent several days traveling through the Netherlands and was going to end my fall break trip in Germany. The cities I picked had been arbitrary. All I knew was that in the three and a half months I was studying abroad I would see as much of the world as possible. This often meant frantically searching the internet for cheap flights, bus tickets, and hostiles, and only getting to spend a day or two in a magnificent city. This also meant traveling alone. As I relaxed in my seat and scribbled postcards to my friends and parents, I was at the most peace I had ever been. It was not without chaos though. I had taken the wrong tram that morning, been unable†¦show more content†¦I had to learn to find and trust my community. That peace and serenity I felt on a bumpy train ride stayed with me as a constant reminder of the peace possible in the world. Having dealt with such a mind-consuming illnes s I am often envious of those that need not be mindful of every moment and event of every day in order to survive. However, I know that my increased awareness also makes my life that much brighter. It allows me to see and feel other people’s pain. It has allowed me to help others through the same difficult times I once faced. My recovery was all about balance and my life continues to be about that same sense of equilibrium. About working hard and playing hard. About spending time alone, running, meditating, dancing, or writing—and by engaging in conversation, debating, embracing, dancing (with others), and attending worship. About taking part in extracurricular activities, academics, and volunteering and still giving myself time to have coffee with a friend or read alone in the park. Growing up Catholic and attending parochial school from kindergarten through my senior year of high school meant that religion was constantly around me. 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