Adverse Possession - Free Essay Example

Adverse Possession Introduction: The area of law in question here is adverse possession of freehold land. Wylie defines adverse possession as â€Å"possession of land which is inconsistent with the title of the true owner. The law on adverse possession in Ireland, and indeed throughout much of the common law world, is extremely conscientious and ambiguous. Therefore, it is impossible to say with certainty how the courts will decide this issue. The major difficulty encountered in this area stems from the moral stance one takes with regard to the landowner versus adverse possessor argument, and in deciding the correct balance to be struck between competing interests. Issue: The question that arises in the problem at hand is whether Nora adversely possessed 55 Fitzwilliam Square. Law: Buckley accurately and succinctly summarises the law of adverse possession as â€Å"one which traditionally carves wary walking for many practitioners; with apparently conflicting authorities not easily reconciled†. This statement becomes more apparent after analysing the case-law. The doctrine of adverse possession allows a trespasser to extinguish the rights of the true owner through the passage of time. S. 12 of the Statute of Limitations Act 1957 states that an action to recover land which has been adversely dispossessed must be brought by the owner within the requisite limitation period. As outlined by s. 24, if no action is taken within the limitation period the title of the true owner is extinguished. S. 3(2) sets the limitation period at 12 years and it begins to run where there has been a dispossession of the true owner of a discontinuance of possession by him and adverse possession by some other person has occurred. There are certain circumstances however, which will stop the period of limitation running. Only two of these apply to the case at hand. The first is where the owner commences legal proceedings. For example, in Mount Carmel Investments v Thulow, it was held that merely sendi ng a solicitor’s letter would not stop the time running. The issue of successive squatters is fundamental to the case at hand. As Coughlan notes â€Å"There is no requirement that the adverse possession of the land be enjoyed by the same squatter throughout the limitation period†. In other words, the twelve-year limitation period can be made up by a series of successive squatters. This idea was enunciated in Mount Carmel Investments where it was held that the possession time of the 1st and 2nd squatters could be added together. However, previous periods of adverse possession cannot be taken into account where a break or interval occurs in the occupation of the land by a squatter or between his occupation and that of another squatter. There are four criteria that must be satisfied when proving adverse possession. Firstly, the squatter must be in possession without the consent of the owner. If the squatter is in possession under a lease or a licence, his possession is not adverse. However, it can become adverse on the expiry of the term in the lease or if the licence terminates, (e. g. Bellew v Bellew). Secondly, in order for there to have been adverse possession the true owner must have discontinued possession or have been dispossessed. In the case of Brown v Fahy, it was held that walking on land was a sufficient act of possession on behalf of the owner. A similar approach was adopted in the controversial case of Feehan v Leamy where it was held by Finnegan J. that the plaintiff in peering over the hedge from the road onto the land â€Å"†¦was exercising all the rights of ownership which he wished to exercise†. McInearney is very critical of this judgment, describing it as â€Å"a most unwelcome development†. He believes it favours the paper owner to an inordinate degree. He prefers the approach adopted in Mulhern v Brady. In this case, Carroll J. held that the paper owner exercised sufficient acts of possession to warrant a defeat of the adverse possession claim. He visited the property several times a year; asked the tenant of the adverse possessor to remove his cattle; advertised for planning permission on numerous occasions and erected a ‘For Sale’ sign on the property. Thirdly, in order for there to have been adverse possession, the possessor’s acts of possession must be sufficient, i. e. it must be clear to an onlooker that squatting is taking place. For instance, in Doyle v O’Neill, the use of a plot of derelict land for dumping and temporary storage was held to be an insufficient act of possession. O’Hanlon J. mphasised that these acts must be â€Å"†¦of a definite and positive character and such as could leave no doubt in the mind of a landowner alert to his rights that occupation adverse to his title was taking place†. In Techbild v Chamberlain, the defendant’s children had played on the land and they had also kept ponies there. However, the Court of Appeal held that â€Å"these t rivial acts of trespass did not amount to adverse possession†. Similarly, in Hickson v Boylan, it was held by Carroll J. that the plaintiff’s actions in walking, shooting and raising pheasants on certain bog land did not constitute unequivocal acts of possession. Additionally, in Dundalk Urban District Council v Conway, it was held that grazing land was not a sufficient act of possession. Thus, McInearney observes that cases which focus on the acts of the paper owner tend to rely on a relatively low bar for retention of ownership, whilst those dealing with the concept from the viewpoint of the adverse possessor tend to require the exercise of a high levels of possession, both thereby implicitly favouring the paper owner over the purported adverse possessor. The squatter must therefore take unequivocal steps to demonstrate that he has dispossessed the owner. For example, in Powell v McFarlane, erecting a fence was deemed to be a sufficient act of possession; while in Buckinghamshire County Council, putting a lock on a gate was held to be sufficient. Finally, the squatter must have animus possedendi; in other words, the squatter must have an intention to possess and to exclude the true owner from the and. In Feehan v Leamy gardai were called to the land in question and the squatter informed them that the land belonged to a man in America, thereby illustrating an absence of the requisite intention to exclude the true owner. Similarly, in Doyle v O’Neill, the court held that the defendant lacked the requisite animus possedendi as he had previously asked for permission from the paper owner to store material on the land. When analysing whether adverse possession has occurred, the intention of the paper owner may also be relevant. The seminal case on this point is Leigh v Jack.

Workplace Violence in Corporate America Essay - 1547 Words

The proposed research is an examination of workplace violence in Corporate America. As a growing concern in all industries, preventive measures need to be explored. Three types of research methods will be compared and contrasted in relation to the proposed research. The methods to be analyzed are quantitative designs, qualitative designs, and mixed methods designs. The appropriateness of each design will be examined as they relate to the topic. Workplace violence is a serious problem that deserves to be explored due to the number of incidents and the severity of some incidents. This study will focus on the possibility of violent encounters which employees of two Boards of Education in separate districts could become victims of†¦show more content†¦The two Boards of Education are governed by the Georgia Department of Education. Each Board of Education in the state of Georgia reports all information pertaining to their location to the Georgia Department of Education. Stati stical data as it pertains to violence in the workplace can be requested from this agency, and then data could be assessed in relation to the two locations. There are many benefits of utilizing quantitative methods in research. The benefits are precise numerical data, previously constructed theories can be tested and validated, results can be generated from sufficient random samples sizes, and less time is needed for data analysis. The weaknesses of quantitative methods are that due to the focus of the theory used the researcher may miss phenomena occurring, or the information gained may be too general to be applied to the individuals. The other weaknesses are colleagues may not understand the categories used, and colleagues may not understand the theories used by the researchers. (Zikmund et al, 2010) Qualitative Methods A qualitative design was the initial intention for the proposed topic. Qualitative research allows the researcher to address the objective with the u se of techniques that provide interpretations of the phenomena without the use of numerical measurements (Zikmund et al., 2010). This type of research â€Å"focuses on people behaving in natural settings and describing their world in their own words†, andShow MoreRelatedWorkplace Violence In The Workplace1071 Words   |  5 Pages INTRODUCTION: Violence in the workplace has become a major safety and health issue. Workplace violence is not limited to homicide. This type of violence includes behaviors and circumstances that threaten an employee s physical safety; such as: verbal threats, sexual or physical harassment, coercion, behavior changes, intimidation, stalking, telephone/email harassment, and history of aggression. â€Å"Workplace violence incidents have tripled in the last decade, and it is now the fastest-growing categoryRead MoreWorkplace Violence1735 Words   |  7 PagesWorkplace violence is present in every nook and cranny of corporate America, affecting millions of Americans every year. Workplace violence is defined by the Occupational Safety Health Administration, OSHA, as any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and even homicide. 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They opposed being discriminated by men in economic,Read MoreBullying Is Becoming A More Visual And Talked About Concern1142 Words   |  5 PagesBullying in the Workplace Workplace bullying is becoming a more visual and talked-about concern in the business world, and finding ways to deal with the problem of bullying is an issue that needs to be addressed. In a survey of European Union employees, an illness that was rooted in stress was reported in 28% of employees (Rayner et. al. 8). According to Rayner, bullying may account for much of this workplace anxiety. My co-workers and I were victims of a workplace bully. This behavior includedRead MoreInvestigating The Gender Gap And How That Effected The Way That Men And Women May View Other Races1026 Words   |  5 Pagesracist than they believe. The next article I dove into was Wingfield’s The Modern Mammy and the Angry Black Man: African American Professionals’ Experiences with Gendered Racism in the Workplace. This article posed the question: â€Å"Is there a difference between the way black men and black women are treated in the workplace? Does race/gender have an effect on the treatment of an employee?† After the initial question the author theorizes that there is a greater gender gap between men and women when the womanRead More colonization Essay1233 Words   |  5 Pagessociety was built upon agriculture, and little else. The rise to corporate capitalism has had such a profound impact on American society, it is impossible to study any aspect of United States history post Civil War without a direct relation, on any level, to the industrial revolution. America would not be the superpower it is today had we not made the change from an agricultural society to an industrial one long ago. The rise of c orporate capitalism radically changed the way Americans lived forever.

Application of Virtual Reality in Military - 940 Words

TOPIC: APPLICATION OF VIRTUAL REALITY IN MILITARY Virtual reality is one technology a create a computer generate immersive in environment . This technology must use in some application to create are immersive to interact the real world and virtual reality environment .I choose Simulator system HMD helmet using virtual reality in military, to interact real world in training using simulator technology to train Army, Navy and Air Force for combat . Motivation behind of the study The motivation of study Virtual Reality application of simulator system HMD to know and how the sophistication simulation virtual reality that used in military field. Besides that, the application technology Simulator system use in Army, Navy and Air Force to learn how the training and knowledge from the virtual reality is related with environment and can use in combat (Haar, 2011). Training is one area how Virtual Reality technologies example Head Mounted D helmet are discover wider applicability in the military. This is the reasons that have driven the military to investigate Virtual Reality in their training. It is because to help the military training reduce exposure to danger and increase stealth ( Herrero and de Antonio 2005). According (Lele2013) the simulator technology system a computer modelling and it enable a person to interact with an artificial 3D dimension visual. Study how can the simulator system using (HMD) technology can train pilot to using flight simulator that can interact ofShow MoreRelatedVirtual Reality: Computer Generated Simulation1029 Words   |  5 Pagesâ€Å"Virtual reality promises a kind of transcendence of the limits of physical reality† (Biocca, Kim, Levy 06). â€Å"Virtual Reality† is a computer-generated simulation of a three-dimensional environment in a seemingly real way by a person using special electronic equipment. When most people hear this they think of movies like â€Å"The Matrix†. They think films are the only place virtual reality is seen and used. However they are sorely mistaken in that aspect. Virtual reality is used in other fields and canRead MoreThe Field Of Virtual Environments ( Ve ) And Education1259 Words   |  6 Pagesthe field of virtual environments (VE) and education. In particular, the author will look at VE in the military education of seniors noncommissioned officers (NCO) at the United States Army Sergeants Major Academy (USASMA). This re view investigates what are the developments in VE with emphasis in military education, what cost benefits (in any) VE provide, the professional development of facilitators who use VE in their educational environments, and the effectiveness of VE in military education. 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In order to necessary for normal operation, Augmented Reality system required three components: 3.1 Head-mounted display (HMD): Augmented Reality developers need to integration these three componentsRead MoreFlight Simulators Should Be Made ( 13 )792 Words   |  4 Pagesmodel the more reliable the results.(13) 1. Fong, Gwenda. Adapting COTS Games for Military Simulation. VRCAI 04 Proceedings of the 2004 ACM SIGGRAPH International Conference on Virtual Reality Continuum and its Applications in Industry (2004): 269-72. ACM Digital Library. Web. 16 Mar. 2017. Adopting COTS Games for Military Simulation 2. Sanchez, Alicia, and Peter A. Smith. Emerging Technologies for Military Game-Based Training. SpringSim 07 Proceedings of the 2007 spring simulation multiconferenceRead MoreThe Future Of Virtual Reality1634 Words   |  7 PagesVirtual reality is a virtual environment created by use of technology which has enabled the creation of real experiences into our brains and senses. It fills in the gaps that are presented by other modes of communication by making it possible to use technology to create real experiences in the human life. Virtual reality is experienced in different fields and its future is dictated by its performance. Programmers have developed virtual reality devices based on the materials that conjure dreams inRead MoreEssay On Augmented Reality1072 Words   |  5 PagesCurrent State Of Augmented Reality And How It Can Influence Mobile App Development Augmented reality (AR) is obviously a very useful tool in the everyday lives of many people. Though it might not be as exciting as a VR rollercoaster ride, it’s wondrous ability to enhance the things people feel, hear and see, as well as the elements of the virtual world is brings into the real world has made it a gregarious force to reckon with. 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But the water before you is so clear, you can see small fish clear to the bottom. The water is cool and it feels refreshing as you let the waves crash gently at your feet. This place is beautiful and peaceful, but you realize your not alone. You look to yourRead MoreVirtual Reality and the Gaming Industry1363 Words   |  6 PagesVII. Impact on individuals Teenagers Virtual reality gives huge benefits in education and helps to improve student engagement. It’s one of the best ways to engage and helps the students to understand the subject through virtual reality system. Especially in the virtual reality game will bring significant impact to teenagers. The major three types of impact are social difficulty (socially impaired), physical and psychological difficulty. Even virtual reality is a great tool to learn, but it is not

Key Internal and External Influences Affecting Tourism in Brazil free essay sample

As Brazil is a newly emerging tourist destination, the influences affecting Brazil need to be assessed in order to maximise strengths and opportunities and reduce weaknesses and threats; in order to gain a strategic direction. This audit report will discuss in further detail the various internal and external influences that are currently affecting Brazil using relevant analysis such as PESTLE, and TOWS. 2) External PESTLE: There are numerous external factors around the world that impact on tourism in Brazil. The table below shows these external influences in the form of a PESTLE analysis. As you can see from the PESTLE Analysis there are numerous influences outside of Brazil that affect incoming tourism to Brazil. Below the influences in six sections of the analysis are discussed in more detail: 2. 1) Political: * Political turmoil, war and terrorism – Ever since the war on terror and terrorism attacks began it has had a huge effect on tourism. Putting tourists off traveling; to underdeveloped countries which have an increased threat of turmoil or countries with high risks of terror. Various countries around the world (predominantly outside the EU) are currently in political turmoil for example Lebanon, Egypt and most recently the Maldives. This could have an effect on Brazil’s tourism by tourist choosing to travel domestically or to stable countries such as countries within the EU. * Tourism Taxes – tourism taxes are the taxes the government puts on tourism products and services, such as car rentals, hotels and arriving or departing from airports. Since the rise in air passenger duty governments of certain countries have also increased tourist taxes. For example Mauritius introduced a a ? 10 airport tax on all departing passengers. Austria and Germany have introduced an environmental air tax and the Maldives have introduced a Goods and Services Tax of 3. 5 per cent, which will apply to accommodation, transport, food and drink and excursions. These taxes can impact on tourism as tourist may choose to travel to places where tax isn’t as high. 2. 2) Economical: * Recession – as the world is currently in a global recession it’s had a huge effect on tourism, including tourism organisations, destinations and tourists. All these have less money to spend on tourism products therefore international travel has decreased. For example in 2009 the Guardian reported that in Rwanda tourism is the third highest source of foreign revenue and as a result local economic development has suffered. This can relate to Brazil as it is also an emerging developing country that heavily relies on tourism to help it develop. For example sustainable tourism in the amazon depend heavily on money from tourism, and as the recession continues less people will be likely to pay for expensive nature based tourism that benefits conservation and local people. Also tourism organisations have had to cut back to survive in these hard economic times, and according to the 2009 article in the Guardian this often means ‘bypassing more expensive eco-conscious destinations’. * Rise in cost of fuel – because of the increase in oil prices transportation fares have also been raised. Therefore it is more expensive to travel abroad; which may lead to people travelling less or to closer destinations. Also the rise in fuel costs has had an effect on business’ including many airlines. For example since the rise in fuel costs Qantas’ profits have been hit hard, causing them to cut over 500 jobs, closing international routes and reducing capacitates on domestic routes. This could affect incoming tourism to brazil as less airlines may fly there also passengers may choose to fly cheaper routes to other destinations. * Increased air passenger duty – air passenger duty in the UK increased in 2009 which means passenger travelling from the UK to short or long haul destinations have to pay this duty in their air ticket. The charges re ? 40 for countries within the EU and ? 0 for countries outside the EU. So this could have an effect on Brazil by tourist from the UK choosing to travel to EU destinations in order to save money on travel. * Exchange rates – in recent years since the recession began exchange rates (especially when converting from the GBP) have dropped dramatically. Currently the British Pound lowest exchange is the euro with it currently s tanding at 1. 1927. The pound is also at one of its lowest rates compared with the US Dollar currently standing at 1. 5790. Whereas compared with countries further afield and less developed the rates are much higher. This could have a positive effect on Brazil tourism because as it stands now the exchange rate is 2. 7884. Which as you can see is a lot higher compared with the euro or the US Dollar. Therefore tourist may rather travel to Brazil in order to get a greater return from their money. * Unemployment / job cuts – also mainly due to the recession there is a record number of unemployed people in the UK, with many businesses; including travel/tourism organisations failing to make profits; for example Thomas Cook. This would primarily have a negative effect on Brazil tourism as people have less disposable income to travel due to being out of work. And one the Europe’s leading tour operator has lost lots of clientele which may see tourist figures drop in Brazil. 2. 3) Social: * Social media – in today’s society social media plays a big role in many different ways. Including advertising and purchase decision making. Travellers tend to use social media to read reviews write/read blogs about tourism products, share photos and videos etc. where tourism companies tend to use social media as a form of advertising as it can reach large numbers of people in a short amount of time for low amounts of money. Social media can have positive and negative effects on tourism in certain countries. But the majority would say it has a positive effect. Due to organisations being able to advertise to so many people and tourist being able to share positive feedback on a destination they have visited. * Trends amp; Demographics – tourists from various countries around the world usually have specific habits or trends when travelling abroad. For instance tourists from the EU tend to be more likely to travel to other countries within the EU where as American tourist are more likely to travel domestically or to bordering countries such as South America and Canada. Mainly due to distance and price. Demographics also play a part in the decision process when deciding where to travel. According to the Office for National Statistics 2010, the majority of outbound UK tourists travelled within Europe, with France and Spain being the most popular countries visited throughout all age groups ranging from 0-44. The report also showed that tourists within the age groups of 35-44 travelled to more countries outside the EU than any other age group. This could be due to multiple reasons such as more disposable income and more life experiences. Whereas the Office of Travel and Tourism Industries 2010 state that other than Canada and Mexico; the UK and Dominican Republic where the most popular countries visited by outbound American tourists followed by France and Italy. Also trends may alter depending on the season for example a UK tourist wanting a beach holiday in the winter season, probably wouldn’t travel to Spain and may go further afield to the Caribbean for example. * Events – various social events that take place in destinations will attract people to visit. For example the London 2012 Olympics will attract millions of tourist from all over the world. This will benefit UK tourism but could hinder tourism in other countries across the world including Brazil. As tourists may choose to visit London to see the Olympics rather than holidaying in Brazil. 2. 4) Technological: * Flights – due to the increase in the demand for travel and tourism there are a lot more airlines and flights available compared with past years. As tourist are more willing to travel to far destinations and more destinations are developing into tourist destinations airlines have to keep up with these evelopments. Therefore more routes to long haul and up and coming destinations are being introduced. This will have a positive effect on incoming tourism to Brazil as it will be more easily accessible from multiple countries around the world. * Internet – the internet has played a huge role in the development of tourism. Mainly because it can be a portal into d oing anything these days especially when concerned with tourism. Gone are the days when everything was left to a travel agent. Tourists can now research and book everything themselves from the comfort of their own home. Which means all destinations; products and services are more accessible to tourists all over the world. Which means newly developing tourist destinations will be more known and accessible across the wold compared with times before the internet when people had to wait for publications to be released that contained information. 2. 5) Legal: * Visa requirements – various countries have various different visa requirements for travellers from certain countries. For example EU citizens travelling outside the EU will usually have to purchase a tourist visa which allows them to enter the country. Whereas if they were to stay within the EU a visa wouldn’t be necessary. Visa prices and requirements vary depend on the country and the nationality of the tourist and the various requirements needed to obtain a visa could be a deciding factor on whether or not to visit a certain country. * Crime levels – crime goes on in every town in every country across the world as that is the society is today. Although various countries and towns have higher levels of crime than other. For example under developed countries experience much worse and larger rates of crime than stable developed countries. For example comparing countries in Africa or the Caribbean to the UK there are many more crimes on a day to day basis that include crimes such as kidnap, gun crimes, robbery, drug crimes, sex crimes etc. Although these crimes also happen in the UK they are not as regular and the UK are also stable enough and have the facilities to stop or prevent crime compared with underdeveloped countries such as countries in Africa or the Caribbean. Crime levels can have an effect on tourism as tourist will be less likely to visit a destination that is known for having high levels of crime where their safety may be at risk. 2. 6) Environmental: * Climate change – as the world has developed the climate has changed with temperatures and sea levels rising. This has and will have an effect on tourism for many different reasons. According to Climate Change and its Impacts on Tourism (1999) the most serious impacts will result from the effects of sea level rise on small island states such as the Maldives. Other threats they suggest climate change can have on tourism are; extreme heat in Eastern / Mediterranean resorts which will cause discomfort, increased exposure to the suns harmful rays, and the risk of malaria re-emerging in Spain a popular tourism destination. Winter destinations such as ski resorts will also be affected with resorts receiving less snow fall and experiencing shorter ski seasons. Also the policies that have been put in place to prevent these changes will also affect tourism. For example transport fares have risen as to help develop greener transport. Natural disasters –when natural disasters occur they have catastrophic impact on the destination and its communities and economies. Tourism is also impacted by natural disasters; as communities, businesses and natural environments, that the industry relies, on can be severely damaged. And it can take years to fix the damaged caused by disasters. The risk of natural disasters can also strike fear in tourists and put them off visiting certain places. Certain natural disasters can also have an impact on transportation which will prevent tourists accessing a destination. For example a recent natural disaster was the eruption of a volcano in Iceland which caused an ash cloud which shut down part of Europe’s airspace. If the volcano erupted again and the ash was to return, this will have an impact on Brazil as European travellers will be restricted from travelling. * Health issues – various countries have various different health risks that can have an impact on tourism such as the risk of malaria†¦ 3) Internal Strengths and Weaknesses: Below is a list of the internal strengths and weaknesses compiled from the PESTLE analysis that currently influence tourism in Brazil.